TERMS & CONDITIONS

Important Notice: This Agreement contains a binding arbitration provision and a class action waiver. It affects your legal rights. Please read carefully.

We do not provide medical advice. If you think you may have a medical emergency, call 911 immediately. The Services are not appropriate for emergency care or urgent situations. Do not disregard or delay seeking medical advice based on anything in the Services.

‍Key Points
‍We hope you read this entire Agreement, but here are key points.
1. Hemma Wellness Group LLC does not provide medical advice or medical services.
2. Hemma helps users engage with independent medical groups and licensed providers.
3. If you qualify, you will create an account and complete intake on a provider portal operated by the medical group or its vendors, not by Hemma, even if the portal shows Hemma branding.
4. Payment for clinical services, diagnosis, telehealth, labs, and prescriptions occurs through provider operated systems and third party suppliers, not on Hemma’s site.
5. Your relationship with medical groups, providers, labs, and pharmacies is governed by their terms and privacy notices.

1. Acceptance of Terms
‍These Terms and Conditions (the “Terms”) govern your access to and use of the Hemma website (the “Website” or “Hemma”), any applications, and other online services and tools we make available (together, “the Services”) on this website. By accessing or using the Services or by clicking to accept these Terms, you agree to be bound by this Agreement and by all policies referenced here. If you do not agree, do not use the Services. If you use the Services on behalf of an entity, you represent that you have authority to bind that entity and that entity accepts these Terms.

We may update these Terms from time to time in our sole discretion, by posting a revised version with a new Last Updated date. All changes are effective immediately when we post them, and apply to all access to and use of the Website. Continued use after posting means you accept the changes.

2. Our Role and Platform Separation
‍Hemma Wellness Group LLC is an Arizona company that operates a digital platform. Hemma is not a healthcare provider and does not practice medicine. Medical services are delivered by independent medical groups and their licensed clinicians. Hemma does not control or interfere with clinical judgment.

If you meet initial criteria, you will be invited to schedule and complete intake on a provider operated patient portal and related systems. Those systems may display Hemma branding but are operated by the medical group or its service providers. Payment for clinical services, diagnosis or treatment, telehealth encounters, labs, and prescription fulfillment happens through those provider operated systems and through third party labs and pharmacies, not through Hemma’s site.

Your relationship with medical groups, providers, labs, and pharmacies and your use of their portals are governed by their own terms and privacy notices.How the

3. Services Offered on Our Website Work
‍a) Initial questions. We may ask brief qualifying questions that were approved by participating medical groups.
b) Provider portal. If criteria are met, the medical group invites you to schedule and to establish an account on its patient portal. There you will complete a clinical questionnaire and consent forms required by the medical group.
c) Care and fulfillment. Telehealth, diagnostics, lab work, and prescriptions, if any, occur through medical groups, labs, and pharmacies that are not operated by Hemma.
d) Communication. The medical group and providers may send messages to you through their systems. You are responsible for monitoring and responding to those messages.

4. Eligibility and Account Creation
‍The Services are intended for United States residents who are at least 18 years of age and who have capacity to agree to these Terms. You may need an account to access certain features. You agree to provide accurate and current information, to maintain the security of your credentials, and to notify Hemma promptly of any unauthorized use. You are responsible for all activity under your account. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

If Hemma has previously prohibited you from using the Services, you may not use them.

5. Privacy
‍Your use of the Services is subject to our Privacy Policy. Clinical information handled by medical groups or their service providers may be protected health information and is governed by those groups and their Notices of Privacy Practices. If there is a conflict between this Agreement and a medical group’s HIPAA obligations, HIPAA and the group’s Notice of Privacy Practices control.

6. Fees, Subscriptions, Cancellations, and Refunds
a) Subscription Fees
‍Some Services are offered on an automatically renewing subscription basis. By purchasing a subscription, you authorize recurring charges to the payment method on file at the then current rate plus any taxes and charges. Subscriptions renew at the interval presented during checkout until canceled as set out below. Subscription fees do not include the cost of prescription medication or third party lab services unless expressly stated.
‍b) Billing Changes and Payment Updates
‍We may receive updated card information from your card issuer and may use it to avoid interruption. If a charge fails, we may retry or suspend access until payment is received.
‍c) Cancellation
‍You may cancel your subscription up to seventy two hours before the next renewal to avoid future charges. Cancellation is effective at the end of the current period. To cancel, follow the instructions provided in your account or contact us at the email listed in Section 24. No refunds are provided for partial periods unless required by law.
‍d) Prepaid and Multi month Plans
‍If you purchase a discounted multi month plan, you receive discounted pricing in exchange for a commitment to the full term. If you cancel early, we will recalculate charges at the standard one month rate for each month of service already rendered and refund any difference between the amount paid and the recalculated total.
‍e) Other Fees
‍If you miss or cancel a provider appointment with less than twenty four hours notice, the medical group may assess a no show or late cancellation fee. These charges are separate from your subscription and are determined by the medical group.
‍f) Refunds
‍All sales are final unless required by law or unless we choose to provide a refund at our discretion. If we issue a refund or credit, we are not obligated to issue the same in the future.

7. Telehealth ConsentUse of clinical services includes telehealth. Telehealth involves electronic communications between you and providers who are not in the same location. Telehealth has potential benefits and risks. You will review and accept a telehealth informed consent presented by the medical group before receiving care.

8. Additional Terms and Third Parties
‍You may be required to accept additional terms from medical groups, providers, labs, pharmacies, payment processors, or other vendors as a condition of using parts of the Services. Those additional terms are between you and the applicable third party, and you must comply with them.Hemma is not a pharmacy and does not dispense medication. Prescriptions may be filled through a partner pharmacy. 

Partner pharmacies
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RedRock Pharmacy
https://www.redrockhomepharmacy.com/
1240 E 100 S #220, St. George, UT 84790
801-433-9500

Health Warehouse
https://www.healthwarehouse.com
7107 Industrial Rd. Florence, KY 41042
800-748-7001

Precision Compounding Pharmacy
https://mypcphealth.com/
2657 Merrick Road Bellmore, NY 11710    
516-833-6262

Triad Rx
https://www.triadrx.us26258
Pollard Road, Daphne, AL 36526
251-380-7630

9. Marketing, SMS, and Communications
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a) Emails and Marketing
‍With your consent where required, we may send marketing communications. You can opt out using the unsubscribe link. You may still receive transactional messages.
‍b) SMS Program
‍If you provide a mobile number and opt in, you agree to receive recurring automated or non automated text messages such as appointment reminders, account alerts, product updates, promotions, and cart reminders. Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. To opt out, reply STOP. For help, reply HELP or contact us as listed in Section 24. Opting out of marketing texts does not stop essential service messages.We may use cookies or similar technologies to detect incomplete sign up or cart events and, with your consent where required, send reminders by SMS or email.

10. Testimonials
‍If you choose to provide a testimonial, you consent to our use of your testimonial, first name and last initial, photo if provided, and similar information in marketing materials, subject to applicable law.

11. Intellectual Property and License 
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
-Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.You may store files that are automatically cached by your Web browser for display enhancement purposes.
-You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
-If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
-If we provide social media features with certain content, you may take such actions as are enabled by such features.
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You must not:
-Modify copies of any materials from this site.
-Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
-Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
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You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
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Trademarks
‍The Company name, the terms and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

12. Prohibited Conduct – You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to:
a) use the Services or Website for any unlawful or unauthorized purpose that violates any applicable state, federal, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
b) misrepresent your identity or create multiple accounts
c) upload malware or attempt to disrupt or gain unauthorized access to systems
d) scrape or harvest data from the Services
e) reverse engineer the Services
f) infringe the rights of others
g) use the Services to build a competing product
h) violate any applicable law.We may investigate suspected violations and cooperate with law enforcement.

13. DMCA Notice
‍If you believe content on the Services infringes your copyright, you may send a notice that includes the information required by 17 U.S.C. 512 to our designated agent at the contact in Section 24. Knowingly submitting a false claim may result in liability.

14. Third Party Content and Links
‍The Services may contain content from third parties and links to third party websites or services. Hemma does not control and is not responsible for third party content or services. This includes links contained in advertisements, including banner advertisements and sponsored links. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

15. Geographic Restrictions
‍We provide this Website for use only by persons located in the United States.. Some services may not be available in all 50 states or Washington D.C. and states services are subject to change. The Services are offered for use in the United States. We do not represent that the Services are appropriate or available in other locations. If you access from outside the United States, you are responsible for compliance with local laws.

16. Modification, Suspension, and Termination
‍We may modify, suspend, or discontinue the Services or any feature at any time. We may suspend or terminate your account for any reason, including violation of these Terms. Upon termination, provisions that by their nature should survive will survive, including ownership, disclaimers, limitations of liability, arbitration, and indemnification.

17. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 
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TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation of Liability
‍To the maximum extent permitted by law, Hemma will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or loss of goodwill, arising out of or related to your use of the Services. In all cases, Hemma’s total liability shall not exceed the greater of five hundred dollars or the amount you paid to Hemma in the twelve months preceding the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so some limitations may not apply to you.

19. Indemnification and Release
‍You agree to indemnify, defend, and hold harmless Hemma, its affiliates, officers, directors, employees, agents, and partners, and the independent medical groups and service providers who offer services through the Website, from any claims, damages, losses, liabilities, costs, and expenses including reasonable attorneys’ fees arising out of your use of the Website, your violation of these Terms, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website. 

20. Dispute Resolution, Arbitration, and Class Action Waiver
a) Informal Resolution
‍Before filing a claim, you and Hemma agree to try to resolve any dispute informally. Send a written notice with your name, contact information, a description of the dispute, and the relief sought to the contact in Section 24. If the dispute is not resolved within sixty days, either party may commence arbitration or proceed in small claims court as allowed below.
‍b) Binding Arbitration
‍Except for the small claims option and claims for injunctive relief regarding intellectual property, any dispute between you and Hemma arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration under the Federal Arbitration Act. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitrator may award the same relief that a court could award on an individual basis. Judgment on the award may be entered in any court with jurisdiction.
‍c) Class Action Waiver
‍Arbitration will take place on an individual basis only. Class arbitrations and class actions are not permitted. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief for that party’s individual claim.
‍d) Small Claims
‍Either party may elect to bring an individual claim in small claims court in a county of your residence or in Maricopa County, Arizona, if the claim qualifies.
‍e) Opt Out
‍You may opt out of arbitration by sending a written notice with your name, address, email used for your account, and a clear statement that you opt out of binding arbitration to the contact in Section 24 within thirty days after you first accept these Terms. If you opt out, the class action waiver still applies to the extent permitted by law.
‍f) Location and Fees
‍If you are a United States resident, arbitration will be conducted in the county where you live or by videoconference, at the arbitrator’s discretion. If arbitration fees would be prohibitive compared to litigation, Hemma will pay those fees as the arbitrator directs so long as your claim is not found to be frivolous.

21. Governing Law and Venue
‍These Terms are governed by the laws of the State of Arizona without regard to conflict of laws principles. For any matter that is not subject to arbitration or that proceeds in small claims court, the exclusive venue will be state or federal courts located in Maricopa County, Arizona, and you consent to personal jurisdiction there.AssignmentYou may not assign these Terms. Hemma may assign these Terms to an affiliate or as part of a merger, acquisition, or other corporate transaction.

22. Waiver and Severability
‍No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

23. Entire Agreement These Terms, and our Privacy Policy constitue the sole and entire agreement between you and Hemma Wellness Group regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 

24. Contact Us
‍This website is operated by Hemma Wellness Group LLC, located at 16220 N Scottsdale Rd
Scottsdale, AZ 85254.

‍All feedback, comments, requests for technical support, and other communications relating to the Website and its Services should be directed to: legal@hemma-wellness.com