IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY AFFECT YOUR LEGAL RIGHTS. 
 
THESE TERMS INCLUDE A MANDATORY BINDING ARBITRATION AGREEMENT (SEE SECTION 19) THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 
 
AMONG OTHER THINGS, IVIM’S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH HEALTH CARE PROVIDERS. THESE SERVICES ARE NOT A SUBSTITUTE FOR YOUR RELATIONSHIP WITH YOUR REGULAR PHYSICIAN OR PRIMARY CARE PROVIDER. 
 
THE SERVICES OFFERED BY IVIM MAY NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR HEALTH CONCERNS. IF YOU BELIEVE YOU MAY BE EXPERIENCING A MEDICAL EMERGENCY OR A MENTAL HEALTH CRISIS, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY. DO NOT USE THE SERVICES FOR EMERGENCY OR CRISIS CARE. 
 
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services. 

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Ivim Services LLC (“Ivim,” “we,” “us,” or “our”), concerning your access to and use of the www.ivimhealth.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in Michigan, United States and have our registered office at 336 W 1st St Ste 113, Flint, MI 48502. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.  

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. 

Ivim is committed to compliance with applicable federal and state law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) where applicable. Please review our Privacy Policy and HIPAA Notice of Privacy Practices for information on how we collect, use, and protect your health information. 

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. 

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Site.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Site.
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. 

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews. 

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

When you sign up for our services, we will send you an SMS message to confirm your signup. If you agree to receive SMS messages from us, you will receive reoccurring (1) promotional and marketing messages in connection with our products and services, and (2) health care messages such as appointment reminders and order updates in connection with our products and services, unless you cancel as described below. Message frequency varies.

You can cancel the SMS service at any time. Just text “STOP” to the SMS Text Message number. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

If at any time you forget what keywords are supported, just text “HELP” to the SMS Text Message number. After you send the SMS message “HELP” to us, we will respond with instructions on how to unsubscribe.

The SMS message service should be available through your mobile device when the device is within the operating range of your wireless service carrier. Not all mobile devices or wireless service carriers may support all or some of the SMS message service.

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for any SMS messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless service carrier. For all questions about the services provided by this short code, you can send an email to support@ivimhealth.com.

If you have any questions regarding privacy, please read our Privacy Policy.

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Upon cancellation, we will refund any unshipped medication, less an administrative/restocking fee of $100 for each undeveloped three-month portion of your plan or $50 for each undeveloped two-month portion (as applies to four- or six-month programs). For example, ending a six-month plan after three months’ shipments would trigger one $100 fee; cancelling a six-month plan after two months would incur two $50 fees for the remaining four months’ supply. This fee will be waived entirely if a provider determines you are medically ineligible to continue; for instance, due to pregnancy or other documented contraindications.

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

These Terms of Use and your use of the Services are governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law principles, consistent with the domicile of the contracting entities. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act are expressly excluded from these Terms of Use. 

Informal Resolution 

Before initiating any formal dispute proceeding, the party asserting a claim must provide written notice to the other party describing the nature of the dispute and the relief sought (“Notice of Dispute”). The parties agree to attempt good faith informal resolution for thirty (30) days following receipt of a Notice of Dispute. Notices to Ivim must be sent to legal@ivimhealth.com. This informal resolution requirement is a condition precedent to arbitration and may not be waived.  

Binding Arbitration 

If the parties cannot resolve a dispute through informal negotiation as described above, the dispute will be finally and exclusively resolved by binding individual arbitration. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, available at www.adr.org, which are incorporated herein by reference. Where AAA Consumer Rules conflict with these Terms, the AAA Consumer Rules govern solely with respect to arbitration procedure and fee allocation. Arbitration will be conducted on an individual basis only. The arbitrator will have authority to award any relief that would be available in court on an individual basis. The arbitrator must follow applicable law and these Terms, and any award may be challenged if the arbitrator fails to do so. The arbitrator’s decision will be in writing and will be final and binding, subject only to the limited judicial review permitted under the Federal Arbitration Act. Unless otherwise required by AAA Consumer Rules, arbitration will be conducted in Franklin County, Ohio, or, at your election, by telephone, videoconference, or document submission. 

Arbitration Fees 

Your share of arbitration fees will be governed by the AAA Consumer Rules. If the arbitrator determines that your claim is not frivolous, Ivim will pay all arbitration fees and expenses that exceed what you would have paid to file the same claim in a court of competent jurisdiction.  

To the extent any dispute proceeds in court rather than arbitration, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Franklin County, Ohio, and waive any objection to personal jurisdiction or forum non conveniens in those courts. 

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. 

To the extent applicable state law requires a longer limitations period for consumer claims and that requirement cannot be waived by contract, the minimum period required by such law will apply in lieu of the one-year period solely for residents of that state. 

Restrictions 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. 

If the class action and representative action waiver in this Section is found wholly unenforceable, then the entire arbitration agreement set forth in this Section is void, and any dispute will be resolved in court pursuant to the venue provisions above. If only a portion of the waiver is found unenforceable, that specific dispute only may proceed in court, and the remainder of this Section continues in full force. 

Emergency Injunctive Relief 

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction solely to prevent irreparable harm pending the resolution of a dispute in arbitration. Seeking such emergency relief does not waive the right to arbitration, and the merits of any underlying dispute will be resolved exclusively through arbitration. This provision does not create a general right to litigate in court and shall not be construed as a broad exception to the obligation to arbitrate. 

Severability 

If any portion of this Section 19 is found to be illegal or unenforceable, that portion will be severed and the remainder of this Section will continue in full force and effect, except as provided in the class action waiver severability provision above. 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

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If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

By agreeing to these terms and conditions you are also consenting to telehealth services. You can review the full telehealth consent here.

Scope 

This Section applies to all medication programs offered by Ivim other than the GLP-1 ID Program, which is governed by Section 29(A). Medication programs vary by product and are described at the time of purchase. 

Program Duration 

Each medication program has a fixed duration based on the plan selected, measured in calendar months beginning on the date of purchase (the “Program Period”). Your Program Period expires at the end of its fixed duration regardless of whether you have requested or received all available medication within that period. Patients enrolled in applicable programs have 14 calendar days following the end of their Program Period to request a final medication shipment (the “Grace Period”). After the Grace Period, the program is considered complete and a new program must be initiated to receive additional medication. 

Medication Access and Membership Requirement 

Access to prescriptions and medication through any Ivim medication program requires an active membership with a current, valid payment method on file. All prescribing decisions are made solely by your licensed Ivim provider based on clinical judgment and applicable law. Enrollment in a program does not guarantee the issuance of a prescription or continued treatment. 

Program Lapse 

Medication not requested and shipped within your Program Period and Grace Period lapses at expiration. Lapsed program time does not carry over, extend, or entitle you to additional medication. A new program must be initiated to receive medication after your Program Period and Grace Period expire. 

Refunds 

All medication program purchases are non-refundable except as expressly provided in our Refund and Returns Policy and Section 16 of these Terms. 

29(A)GLP-1 ID PROGRAM REQUIREMENTS

Scope and Definition 

This Section 29(A) applies exclusively to Ivim’s GLP-1 ID Program, which is Ivim’s individualized, provider-supervised compounded GLP-1 medication program (the “GLP-1 ID Program”). All other medication programs offered by Ivim are governed solely by Section 29. In the event of any conflict between this Section 29(A) and Section 29, this Section controls with respect to the GLP-1 ID Program. 

Enrollment in the GLP-1 ID Program is subject to all requirements of Section 29 in addition to the requirements of this Section. 

Clinical Rationale 

The GLP-1 ID Program delivers compounded GLP-1 medications that require individualized dosing, ongoing sterility assurance, and provider-supervised titration. Unlike commercially manufactured medications, compounded semaglutide and compounded tirzepatide are prepared specifically for each patient based on their current clinical status, weight, response to treatment, and provider judgment. The program structure described in this Section, including dispensing increments, check-in requirements, and shipment cadence, reflects these clinical requirements and exists to ensure patient safety, treatment efficacy, and regulatory compliance. 

Dispensing Increments 

Compounded semaglutide and compounded tirzepatide dispensed through the GLP-1 ID Program will be dispensed in increments of no more than 56 days (two 28-day months) per shipment. This applies regardless of whether the full program is paid for in advance and regardless of program length selected. The 56-day increment is a maximum dispensing ceiling; your provider may determine that a shorter dispensing period is clinically appropriate based on your titration schedule, dosing adjustments, or clinical status at the time of review. 

Check-In and Titration Review Requirements 

Continued shipment of GLP-1 ID Program medication is conditional on completing a required clinical check-in at or around the end of each 56-day dispensing period. This check-in may be completed via telehealth or through an online health assessment at no additional cost and is required to confirm your current dose, assess treatment response, review any side effects or contraindications, and authorize the next shipment. 

Refill requests for the GLP-1 ID Program may be submitted every 56 days and may be submitted up to seven days early, subject to clinical eligibility. A completed check-in and an active membership in good standing are required before any refill will be approved. Delays in completing a required check-in or submitting a refill request are the patient’s sole responsibility and do not pause, toll, or extend the Program Period or create any entitlement to medication outside the Program Period and Grace Period. 

No Auto-Shipment 

GLP-1 ID Program medications are not auto-shipped. Each shipment requires clinical review, titration assessment, and individual provider approval prior to dispensing. This is a patient safety and regulatory compliance requirement applicable to all compounded medications and is not subject to waiver. 

Provider Clinical Discretion 

Your Ivim provider retains full and independent clinical discretion to determine the quantity of medication dispensed in each GLP-1 ID Program shipment, adjust your titration schedule, modify your prescribed dose, or pause or discontinue treatment based on your clinical status and applicable standards of care. These clinical decisions are made independently of your membership enrollment or payment status and are not subject to override through the membership or billing process. 

GLP-1 ID Program Lapse 

If you do not complete a required check-in or submit a timely refill request within your Program Period, your GLP-1 ID Program will continue to run toward expiration. Missed check-ins and missed refill windows do not pause or extend your Program Period. GLP-1 ID Program medication not requested and shipped within the Program Period and Grace Period lapses at program expiration without credit, extension, or substitution, except where a licensed Ivim provider has determined that a temporary pause in treatment is medically necessary, documented that determination in your clinical record, and authorized a corresponding adjustment to your program timeline. Patient-requested pauses, undocumented lapses, and administrative suspensions resulting from payment failure or membership cancellation do not qualify for a program extension under this Section. 

Future Program Modifications 

Ivim reserves the right to modify the GLP-1 ID Program, including the medications offered, dispensing structure, and check-in requirements, upon notice to enrolled members and in accordance with applicable law and clinical standards. If compounded semaglutide or compounded tirzepatide become unavailable for any reason, including changes in FDA compounding policy or pharmacy availability, Ivim will notify enrolled members and make reasonable efforts to facilitate continuity of care, which may include transition to an alternative program. No refund obligation arises solely from a change in program structure or medication availability driven by regulatory or clinical requirements outside Ivim’s control. 

Ivim’s employed and contracted healthcare providers retain the right to terminate the provider-patient relationship at any time, consistent with applicable law, professional standards, and ethical obligations. Nothing in these Terms limits a provider’s independent clinical judgment or professional obligations. 

Grounds for Termination of Care. 

Without limiting the foregoing, Ivim may terminate the provider-patient relationship and suspend or cancel a member’s access to clinical services, prescriptions, and medication in any of the following circumstances: (a) the member initiates a chargeback, payment dispute, or reversal request with their financial institution or payment processor for charges that Ivim determines, in good faith, reflect valid services rendered or medication dispensed or prepared; (b) the member engages in abusive, threatening, or harassing conduct toward Ivim staff, providers, or representatives; (c) the member provides false or misleading information in connection with their enrollment, health history, or program participation; (d) the member fails to comply with their provider’s clinical recommendations or program requirements in a manner that raises patient safety concerns; or (e) continued provision of services would be inconsistent with applicable law or professional standards. 

Notice and Transition Period. 

Where Ivim terminates the provider-patient relationship, Ivim will provide written notice to the member. Except in cases involving fraud, material misrepresentation, or member conduct that poses a safety risk, Ivim will make reasonable efforts to facilitate continuity of care for a period of 30 days following the date of notice, limited to urgent clinical matters. During this period, Ivim will make the member’s medical records available for transfer to a provider of the member’s choice upon request, at no charge. 

Effect on Payment Obligations. 

Termination of the provider-patient relationship does not relieve the member of any payment obligations for services already rendered, medication already dispensed or prepared, or membership fees accrued prior to the date of termination. Applicable refund eligibility, if any, is governed by Section 16 of these Terms and the Refund and Returns Policy. 

Chargeback and Payment Dispute Policy. 

Prior to initiating a chargeback or payment dispute with a financial institution or payment processor, members are required to contact Ivim directly at support@ivimhealth.com to attempt resolution of any billing concern. Initiating a chargeback or payment dispute does not constitute cancellation of a membership under Section 3 of the Membership Agreement and does not suspend or eliminate any payment obligation for services already rendered or medication already dispensed or prepared. Ivim reserves the right to respond to and contest any chargeback or payment dispute. Repeated chargebacks or payment disputes for valid charges may result in termination of the provider-patient relationship and membership in accordance with this Section. 

AI-Powered Services 

Ivim uses artificial intelligence and automated technologies (“AI Services”) across its platform to support and enhance the delivery of clinical care and member services. AI Services may be used for purposes including but not limited to: member-facing chat and navigation assistance; clinical documentation and scribe functionality; health and treatment recommendations; and analysis of laboratory results and other health data. This list is illustrative and not exhaustive. Ivim reserves the right to expand, modify, or discontinue the use of AI Services across its platform at any time. 

No Independent Clinical Authority 

AI Services do not practice medicine and do not have independent clinical authority. All clinical decisions, including but not limited to diagnoses, treatment plans, prescribing decisions, dosing adjustments, and interpretation of laboratory results, are made by or under the supervision of your licensed Ivim healthcare provider. AI Services support and inform the provider-patient relationship but do not replace it. No output generated by an AI Service, whether surfaced to you directly or used in the preparation of your clinical documentation, constitutes a final clinical determination without provider review and authorization. 

Member-Facing AI Interactions 

AI Services that interact directly with you as a member are intended to provide general information, assist with program navigation, surface health insights, and facilitate communication with your care team. Member-facing AI outputs are not a substitute for consultation with your licensed Ivim provider. If any AI-generated content touches on your medications, dosing, symptoms, laboratory results, or health condition, that content is informational only and should not be acted upon without provider guidance. For any clinical question, contact your Ivim provider directly through the platform. 

Clinical Documentation and Scribe Functionality 

AI Services may be used to assist in the generation, transcription, and organization of clinical documentation, including visit notes, health assessments, and records of provider-patient interactions. All AI-assisted clinical documentation is subject to review, correction, and authorization by your licensed Ivim provider before it is finalized in your medical record. You acknowledge and consent to the use of AI assistance in the preparation of your clinical documentation as part of receiving care through Ivim. 

Laboratory and Health Data Analysis 

AI Services may be used to analyze laboratory results and other health data associated with your care. AI-generated analysis of laboratory or health data is provided to support your provider’s clinical review and does not constitute a standalone medical interpretation. Your licensed Ivimprovider retains responsibility for the clinical interpretation of your laboratory results and any resulting treatment decisions. 

No Emergency Use 

AI Services are not designed for and must not be used in connection with medical emergencies. If you believe you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately. 

Monitoring, Retention, and Use of AI Interactions 

Interactions with AI Services, including member-facing chat, documentation inputs, and health data submitted for analysis, may be monitored, retained, and reviewed by authorized Ivim personnel and Business Associates for purposes of quality assurance, safety monitoring, clinical accuracy, compliance, and platform improvement, as further described in our Privacy Policy and HIPAA Notice of Privacy Practices. 

No Guarantee of Availability or Accuracy 

AI Services are provided to enhance the care experience and are subject to the inherent limitations of automated and machine learning technologies. Ivim does not guarantee the availability, accuracy, or completeness of any AI-generated output. AI Services may be modified, suspended, or discontinued at any time without notice. 

The membership fee covers access to clinical services, provider consultations, and ongoing care coordination, including support for obtaining prior authorizations and other insurance-related approvals. If a prior authorization is denied or delayed, or if any service, test, treatment, medication, or order is not covered by insurance or another third party for reasons beyond Ivim’s control, the membership fee will not be refunded. These outcomes are accounted for in the membership pricing, and membership services remain available regardless of the outcome of any specific prior authorization or coverage request. 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Ivim Services LLC

4200 Regent Street

Suite 200

Columbus, OH 43219

support@ivimhealth.com