Terms & Conditions

01Acceptance and informed consent

These Terms & Conditions (“Terms”) are a binding agreement between you and Health Maxxers Rx (“Health Maxxers,” “we,” “us”). They govern your use of healthmaxxerus.com, our assessment, intake, checkout, messaging and any related service (the “Service”). By creating an account, completing an assessment or intake, placing an order, or checking an acceptance box, you agree to these Terms, our Privacy Policy and our Telehealth Informed Consent. If you do not agree, do not use the Service.

PLEASE READ SECTION 11 CAREFULLY. IT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES ARE RESOLVED.

Consent to telehealth. You consent to receive care through telehealth, including asynchronous care (forms, messaging, photo uploads and other non-real-time tools) and, where required, live video. You understand that:

• Telehealth has limits compared to an in-person visit, including the lack of a physical exam.
• Technical failures, delays or lost information may occur despite reasonable safeguards.
• A provider may decide telehealth is not appropriate for you and refer you to in-person care.
• You may withdraw consent at any time by stopping use of the Service, without affecting care already provided.
• A prescription is never guaranteed. Treatment decisions belong solely to an independent licensed provider.

Changes to these Terms. We may update these Terms. The updated version is effective when posted, with a new effective date. For material changes affecting active subscriptions, we will notify you by email at least 14 days in advance. Continued use after that date means you accept the updated Terms.

02Eligibility and accounts

Eligibility. To use the Service you must:

• Be at least 18 years old.
• Be physically located, at the time of each consultation and delivery, in a U.S. state where the Service is offered.
• Be able to form a binding contract and use the Service only for yourself, never on behalf of another person.

Some treatments have additional age, state or clinical requirements set by the provider.

Accurate information. You agree to provide complete, accurate and current information about your identity, location, medical history, medications, allergies and health conditions, and to update it if anything changes. Providers rely on what you submit. Inaccurate or incomplete information can cause serious harm, and you accept responsibility for the consequences of any information you misstate or omit.

Identity verification. We or the provider may require a government-issued ID, a photo, or other verification before care or shipment. We may cancel an order if verification fails.

Your account. You are responsible for keeping your login credentials confidential and for all activity under your account. Notify us immediately at info@healthmaxxerus.com if you suspect unauthorized access. One account per person; accounts are not transferable.

03How the Service works

1. Take your assessment.
2. Purchase your treatment and submit your intake.
3. A licensed provider reviews it and, if appropriate, it ships straight to your door.

Health Maxxers is a technology and administrative platform, not a medical provider. We do not practice medicine or pharmacy. Clinical services are provided by independent, licensed healthcare providers affiliated with Prescribery (“Providers”). Medications are dispensed by independent, licensed pharmacies (“Pharmacies”). Providers and Pharmacies exercise their own independent professional judgment. We do not control, direct or interfere with clinical decisions.

No guarantee of a prescription. Completing an assessment, intake or payment does not guarantee that a Provider will prescribe any medication. A Provider may decline to prescribe, change a dose, request labs or more information, require a live video visit, or refer you to in-person care. Assessment results and treatment suggestions on our site are informational only and are not a diagnosis or a prescription.

Provider-patient relationship. A provider-patient relationship exists only between you and the Provider, and only once a Provider reviews your intake. No such relationship exists with Health Maxxers. Providers are not available 24/7; reviews typically happen on business days.

Not a replacement for your doctor. The Service does not replace a primary care provider. You should maintain a relationship with your own doctor and share the medications you receive through the Service with them.

Website content. Content on healthmaxxerus.com is for general educational purposes only and is not medical advice, diagnosis or treatment.

04Compounded medications and treatment risks

Compounded medications are not FDA-approved. Many medications offered through the Service are compounded by state-licensed 503A pharmacies under a prescription for an individual patient. Compounded medications are not reviewed or approved by the U.S. Food and Drug Administration for safety, effectiveness or quality, and they are not the same as brand-name products. Product names on our site refer to the active ingredient only.

Off-label use. A Provider may prescribe a medication for a use, dose or duration not listed on an FDA-approved label, when the Provider judges it clinically appropriate.

Risks and side effects. All medications carry risks, including side effects, allergic reactions, drug interactions and rare serious complications. You agree to read all information provided with your medication, to ask your Provider about anything you do not understand, and to follow dosing, storage and administration instructions exactly.

No guarantee of results. Individual results vary. We make no guarantee or promise about weight loss, hormone levels, hair growth, sexual function, energy, appearance or any other outcome. Statements on our site are not a promise that you will achieve a particular result.

Labs. Some treatments require lab work before or during treatment. Lab fees, if any, are disclosed before purchase. Failure to complete required labs may delay or end treatment.

05Your responsibilities and emergencies

Not for emergencies. The Service is not for urgent or emergency care. If you think you are having a medical emergency, call 911 or go to the nearest emergency room immediately. Do not use messaging on our platform for urgent symptoms.

Reporting side effects. If you experience a side effect or adverse reaction, stop taking the medication if instructed, seek in-person care when appropriate, and notify your Provider through the platform promptly. You may also report adverse events to the FDA through MedWatch.

You agree to:

• Use medication only as prescribed, only by you, and only for its prescribed purpose.
• Tell your Provider about all other medications, supplements, conditions, pregnancy, planned pregnancy or breastfeeding.
• Store medication as directed, including refrigeration where required, and out of reach of children and pets.
• Complete follow-up check-ins and requested labs on time.
• Dispose of unused medication and supplies (including needles) safely and as directed.

06Orders, pricing, subscriptions and refunds

Pricing. Prices are shown in U.S. dollars before checkout and may change at any time. A price change does not affect an order already paid. We may correct pricing or description errors and cancel affected orders with a full refund. We do not accept insurance. You may be able to use an HSA or FSA card; eligibility is your responsibility.

What your payment covers. Your payment covers the provider review, platform services and, if a prescription is issued, the medication and standard shipping, as described at checkout.

Payment authorization. You authorize us and our payment processor to charge your payment method for every order you place, including taxes and fees shown at checkout. You confirm you are authorized to use that payment method.

Subscriptions and automatic renewal. If you choose a recurring plan (for example monthly or every 3 months), you agree that:

• Your plan renews automatically at the end of each billing period, and we charge your payment method at the then-current price until you cancel.
• The renewal price, billing frequency and cancellation steps are shown at checkout and in your order confirmation email.
• You may cancel at any time from your account or by emailing info@healthmaxxerus.com. Cancel before provider review to avoid your next renewal charge.
• Cancellation stops future renewals. It does not refund a period already billed or a medication already prescribed or shipped.
• Renewal shipments may require a Provider check-in. If a Provider does not approve a renewal, you will not be charged for that medication.

Refunds.

• If a Provider does not prescribe after reviewing your intake, you receive a full refund of the medication cost.
• Once a prescription is sent to the Pharmacy, the order cannot be cancelled or refunded, because prescription medications are made for you and cannot be resold.
• By law, prescription medications cannot be returned once dispensed.
• If your medication arrives damaged, incorrect or compromised, contact us within 7 days of delivery with photos, and we will arrange a replacement or refund at our discretion.

Chargebacks. If you have a billing concern, contact info@healthmaxxerus.com first; most issues are resolved within 2 business days. Filing a chargeback for a charge you authorized, or for medication that was prescribed and shipped, is a breach of these Terms. We may dispute the chargeback using your order records, acceptance of these Terms and delivery confirmation, suspend your account, and recover amounts owed plus reasonable collection costs where permitted by law.

07Pharmacy, shipping and delivery

Pharmacies. Prescriptions are filled by independent, state-licensed Pharmacies chosen based on your location, the medication and availability. The Pharmacy may change between orders. The Pharmacy, not Health Maxxers, is responsible for compounding, dispensing, labeling and the quality of the medication.

Shipping. We ship only to addresses in states where the Service is offered. Delivery estimates are not guaranteed and may be affected by provider review time, pharmacy processing, carrier delays, weather or supply shortages. Some medications ship with cold packs and must be refrigerated on arrival.

Risk of loss. Title and risk of loss pass to you when the carrier confirms delivery to the address you provided. You are responsible for providing a correct, secure address and for retrieving packages promptly. We are not responsible for packages lost or spoiled after confirmed delivery, or delayed because of an incorrect address. Report a package marked delivered but not received within 48 hours.

Shortages and substitutions. If a medication becomes unavailable, we may delay your order, ship from another Pharmacy, or, with your Provider’s approval, offer an alternative. You may cancel an affected order that has not yet been sent to a Pharmacy for a full refund.

08Communications, privacy and electronic records

Privacy. Our collection and use of your information is described in our Privacy Policy. Health information handled by Providers and Pharmacies is protected under applicable law, including HIPAA where it applies. You authorize us to share your information with Providers, Pharmacies, labs, payment processors and shipping carriers as needed to deliver the Service.

Transactional messages. By providing your email and phone number, you agree to receive account, order, shipping, billing, treatment and provider messages by email, SMS and phone. These are part of the Service.

Marketing messages. Marketing texts are sent only if you separately opt in. Consent is not a condition of purchase. Message frequency varies; message and data rates may apply. Reply STOP to opt out or HELP for help.

Electronic signatures and records. You agree that clicking “I agree,” checking an acceptance box or submitting an intake is your electronic signature, with the same effect as a handwritten one. You consent to receive these Terms, disclosures, receipts and other records electronically, and you may request a copy at info@healthmaxxerus.com.

Security. We use reasonable safeguards, including encrypted HTTPS connections across the site, cart and checkout. No system is completely secure, and we cannot guarantee that information will never be accessed without authorization.

09Prohibited use, intellectual property and termination

You may not:

• Misrepresent your identity, age, location or health information, or use another person’s identity or payment method.
• Obtain medication for anyone other than yourself, or resell, share, give away or transfer any medication.
• Use the Service in violation of any law, including laws on prescription drugs.
• Scrape, copy, reverse-engineer, overload, hack or interfere with the Service or its security.
• Harass, threaten or abuse Providers, Pharmacy staff or our team.
• Post or upload content that is unlawful, infringing or harmful, or that contains malware.

Intellectual property. All content on healthmaxxerus.com, including text, graphics, logos, product designs, images and software, belongs to Health Maxxers or its licensors and is protected by law. You receive a limited, personal, non-transferable license to use the Service for its intended purpose. You may not copy, reproduce or distribute our content without written permission.

Suspension and termination. We may suspend or end your access, cancel pending orders or decline future orders at any time if we believe you have broken these Terms, provided false information, misused medication, filed an improper chargeback, or put others at risk. A Provider may also end the treatment relationship according to professional standards. You may close your account at any time. Sections that by their nature should survive termination (including payment obligations, disclaimers, limitation of liability, indemnification and dispute resolution) survive.

10Disclaimers, limitation of liability and indemnification

DISCLAIMER OF WARRANTIES. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, HEALTH MAXXERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. WE DO NOT WARRANT ANY CLINICAL OUTCOME.

Independent providers and pharmacies. Providers and Pharmacies are independent of Health Maxxers. To the fullest extent permitted by law, Health Maxxers is not liable for any medical advice, diagnosis, treatment, prescribing, compounding or dispensing decision, act or omission by any Provider or Pharmacy.

Assumption of risk. You understand the risks of telehealth and of the medications you choose to pursue, including compounded medications that are not FDA-approved, and you voluntarily assume those risks.

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW: (A) HEALTH MAXXERS AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICE; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 6 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU.

Indemnification. You agree to defend, indemnify and hold harmless Health Maxxers and its owners, officers, employees, contractors and agents from any claims, losses, damages and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your inaccurate or incomplete information, your misuse of any medication, or your violation of any law or third-party right.

11Dispute resolution, general terms and contact

Informal resolution first. Before filing any claim, you agree to email info@healthmaxxerus.com with a description of the dispute and give us 30 days to try to resolve it.

Binding arbitration. Any dispute arising from or relating to these Terms or the Service that is not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Either party may instead bring an individual claim in small claims court if it qualifies. This agreement is governed by the Federal Arbitration Act.

CLASS ACTION AND JURY TRIAL WAIVER. YOU AND HEALTH MAXXERS EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND EACH WAIVES THE RIGHT TO A JURY TRIAL.

Opt-out. You may opt out of this arbitration agreement by emailing info@healthmaxxerus.com within 30 days of first accepting these Terms, with your name and a clear statement that you opt out.

Time limit. To the extent permitted by law, any claim must be filed within 1 year after it arises, or it is permanently barred.

Governing law. These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Any court proceeding permitted under these Terms will take place in the state or federal courts located in Florida.

General terms. If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, sale or reorganization. We are not liable for delays caused by events beyond our reasonable control, such as natural disasters, carrier or pharmacy outages, or supply shortages. These Terms, the Privacy Policy and the Telehealth Informed Consent are the entire agreement between you and Health Maxxers about the Service.

Contact. Health Maxxers Rx, 14750 NW 77th Ct. Ste #108, Miami Lakes, FL 33016. Support: info@healthmaxxerus.com. Legal notices: info@healthmaxxerus.com.