Lovely Meds, Inc. Terms of Use
Last revised: October 02, 2024
These terms and conditions of use ("Terms of Use") govern your use of our website https://www.lovelymeds.com (the "Site"), as well as the services ("Services") and products ("Products") available to users through the Site. Lovely Meds, Inc. ("Lovely Meds", "we," "us," and "our") contracts with Beluga Health, P.A., and affiliated medical groups (collectively, Beluga Health Provider Group) regarding online telehealth medical consultations and secure messaging between Beluga Health Provider Group physicians and other healthcare professionals (individually the "Provider" and collectively the "Providers") and their patients. (See Section 20 for supplemental terms applicable to Providers.) The professional medical services (which are provided by Beluga Health Provider Group) and the non-clinical Site services (which are provided by Lovely Meds) are collectively referred to in these Terms of Use as the "Services". The terms "you" and "your" mean you, your dependent(s) if any, and any other person accessing your Lovely Meds Account.
Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services and purchase of Products. By clicking "accept", you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use, the Notice of Privacy Practices provided to you by the Beluga Health Provider Group, and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; please promptly exit this Site.
Binding Arbitration
These Terms of Use provide that all disputes between you and Lovely Meds that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. Accordingly, you agree to give up your right to go to court (including in a class action proceeding) to assert or defend your rights under these Terms of Use. Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action. Please review the section below titled Dispute Resolution; Arbitration Agreement for details regarding your agreement to arbitrate any disputes with Lovely Meds.
1. Privacy Practices
You agree that information provided by you in connection with the Services and Site shall be governed by the Lovely Meds Privacy Policy, which is hereby incorporated and made a part of this Agreement. You agree that information provided by you in connection with the Services shall also be governed by the Beluga Health Provider Group Notice of Privacy Practices, and is hereby incorporated and made a part of this Agreement.
2. Services Provided - No Medical Care or Advice by Lovely Meds
We offer an online communication platform for Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers.
Lovely Meds does not provide medical advice or care. Lovely Meds contracts with Beluga Health Provider Group, an independent, physician-owned medical group with a network of U.S.-based Providers who provide clinical telehealth services. Beluga Health Providers deliver clinical services via the Lovely Meds platform to their patients. Providers are independently contracted or employed by the Beluga Health Provider Group and are not contracted or employed by Lovely Meds. Providers are responsible for the quality and appropriateness of the care they render to you.
Any information or advice received from a Provider comes from them alone, and not from Lovely Meds. Your interactions with Providers via the Site are not intended to replace your relationship with your regular healthcare practitioners or primary care physician. Neither Lovely Meds, nor any of its subsidiaries, affiliates, or third parties who may promote the Site or Service, shall be liable for any professional advice obtained from a Provider via the Site or Service. Lovely Meds does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. Your reliance on any Providers or information delivered by the Providers via the Site or Service is at your own risk.
Lovely Meds does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service. You will be provided with available Providers based solely on the information you submit to the Site. You are ultimately responsible for choosing your particular Provider.
The content of the Site and the Services, including but not limited to text, audio, video, photographs, and illustrations, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Lovely Meds. You should always seek the advice of your qualified healthcare professionals with any questions regarding your medical conditions.
Not for Emergencies
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" IMMEDIATELY.
Lovely Meds’ Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears on the Site. If you believe you have an emergency, call 9-1-1 immediately.
3. Prescription Policy
Neither Lovely Meds nor Beluga Health Provider Group endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, they will limit supply based on state regulations and their professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA-controlled substances or certain other drugs with a high potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Services.
You agree that any prescriptions you acquire from a Provider will be solely for your personal use. You must fully and carefully read all provided product information and labels, and contact a physician or pharmacist with any questions regarding the prescription. Lovely Meds fully honors patient freedom of choice, and if you receive a prescription, you may instruct the Beluga Health Provider Group to transmit the prescription to the pharmacy of your choice.
4. Availability of Services
Lovely Meds and Beluga Health Provider Group operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited exclusively to users located in states within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
5. Ordering and Purchasing of Services or Products
Order Acceptance and Shipment
Your placement of an order does not necessarily ensure that we will accept your order. We may require additional information regarding your order if you have not provided all the information required by us. Once a properly completed order and authorization of your form of payment is received, we will process your order and Product for shipment. If, for some reason, we determine that we cannot ship your Product(s) within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action. We do not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on our Site.
Typographical Errors and Incorrect Pricing
In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Products and/or Services listed at the incorrect price. We shall have the right to refuse or cancel such orders even if the order has been confirmed and your credit or debit card charged. If your card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your account in the amount of the charge.
Risk of Loss
All Products purchased from our Site are delivered to shipment carriers. The risk of loss and title for such Products pass to you when they are delivered to the carrier.
Right to Cancel
You have the right to cancel your order until the point where the order is Prescribed. "Prescribed" refers to the point at which a prescription has been approved. To cancel your order, contact our customer support team. Orders can only be canceled prior to being Prescribed. Once an order has been Prescribed, it is no longer eligible for cancellation. If you cancel before it is Prescribed, you will receive an account credit, which can be used for future purchases.
Return Policy
You may return Products in accordance with our Returns Policy posted on our Site.
Online Payments
You can purchase services on the Site. We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, Lovely Meds may obtain pre-approval for an amount up to the amount of the payment. You represent and warrant that any credit card information you supply is true and that charges incurred by you will be honored by your credit card company or bank. You are responsible for any and all fees related to payments you make through the Site.
Offers and Promotions
We reserve the right to change the terms of special offers, or withdraw them altogether, at any time and without prior notice.
6. Eligibility; Site Access, Security and Restrictions; Passwords
To access the Site and the Services, you represent and warrant that you are older than 18 years old. You agree to fully, accurately, and truthfully create your Lovely Meds Account, including all required details such as your name, mailing address, phone number, email address, and password, which become your Lovely Meds ID and credentials. These credentials are personal to you, and you are solely responsible for maintaining their confidentiality and for all activities that occur under your Lovely Meds ID. You agree to immediately notify Lovely Meds of any unauthorized use of your credentials or any other security concerns.
You are prohibited from violating the security of the Site, including accessing unauthorized data or systems. Any violations may result in civil or criminal liability, and Lovely Meds will cooperate with law enforcement to prosecute users involved in such violations.
7. Electronic Communications
When you use the Site or Services, you agree to receive communications from us electronically. All agreements and notices provided electronically fulfill any legal requirement that such communications be in writing. Lovely Meds may contact you by telephone, mail, or email to verify your account information and request further details if necessary.
8. Ownership of the Site and Related Materials; Additional Restrictions
All pages within the Site and any material available for download are the property of Lovely Meds or its licensors and are protected by copyright and trademark laws. Lovely Meds grants you a non-transferable license to use the Site under these Terms of Use. You agree not to reproduce, distribute, or exploit any part of the Site or its contents without prior written consent from Lovely Meds.
9. No Users Under 18 Years Old
The Site and Services are intended only for users over the age of 18. If you are under 18, do not register on the Site or provide any personal information. If we learn that we have collected information from someone under 18, we will promptly delete it.
10. Accuracy of Information; Functionality
Lovely Meds does not guarantee the accuracy or reliability of any content on the Site. If any inaccuracies or unauthorized changes are found, please notify us, and we will address the issue. We reserve the right to modify or remove any content without notice and are not responsible for errors, transmission issues, or third-party content.
11. Links to Other Sites
The Site may contain links to other websites. Lovely Meds is not responsible for the content of any linked site or any damages that arise from their use.
12. User Information
You are responsible for any information you upload to the Site, including ensuring it is accurate and lawful. You agree not to provide harmful, unlawful, or defamatory content. Lovely Meds reserves the right to de-identify your information and use it for research or analytics.
13. Claims of Copyright Infringement
Lovely Meds respects intellectual property rights and complies with the Digital Millennium Copyright Act. If you believe your copyrighted material is being used improperly, please submit a Copyright Notice to Lovely Meds as outlined.
14. Intellectual Property
Lovely Meds retains all intellectual property rights to the content, trademarks, and logos on the Site. You may not copy, reproduce, or use this content without prior written consent.
15. CAN-SPAM Act and TCPA Compliance
Lovely Meds complies with the CAN-SPAM Act and Telephone Consumer Protection Act (TCPA). If you receive any unauthorized messages from us, please contact us immediately. You agree not to engage in spamming or illegal marketing using our services.
16. Disclaimer of Warranties
Lovely Meds provides the Site and Services "as is" without any warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Site will be error-free or uninterrupted, and you are responsible for any damages that result from using the Site.
17. Limitation of Liability
Lovely Meds is not liable for any indirect, incidental, or consequential damages arising from your use of the Site or Services. In no event will our total liability exceed $500. Your sole remedy for dissatisfaction with the Site is to stop using it.
18. No Third Party Rights
These Terms of Use do not confer any rights or remedies to third parties.
19. Assignment
You may not assign or transfer these Terms of Use without Lovely Meds' written consent. We may freely transfer our rights and obligations under these Terms.
20. Supplemental Terms Applicable to Providers
These supplemental terms apply to healthcare Providers using the Site. Providers are solely responsible for their compliance with applicable laws and regulations. Lovely Meds does not provide medical advice and is not responsible for any medical services rendered by Providers. Providers must indemnify Lovely Meds for any claims arising from their use of the Site or Services.
21. Dispute Resolution; Arbitration Agreement
Any disputes between you and Lovely Meds will be resolved through binding arbitration. By agreeing to these Terms, you waive your right to a court trial and agree to resolve disputes with a neutral arbitrator. Arbitration will be governed by the rules of the American Arbitration Association (AAA), and hearings will take place in Newark, Delaware unless otherwise agreed.
22. Force Majeure
Lovely Meds will not be held liable for any failure to perform due to circumstances beyond our control, including acts of God, war, terrorism, natural disasters, or technical failures.
23. Indemnification
You agree to indemnify and hold Lovely Meds, Beluga Health Provider Group, and their affiliates harmless from any claims, damages, or expenses arising from your use of the Site, Services, or breach of these Terms.
24. Revisions; General
Lovely Meds reserves the right to modify these Terms of Use at any time by updating this page. Your continued use of the Site after changes are posted constitutes your acceptance of the new Terms. If any provision of these Terms is deemed unenforceable, the remaining provisions will remain in full effect.
25. Return Policy
We understand there may be times when you're not completely satisfied with your purchase, and your experience is our top priority. Unfortunately, due to the nature of our products, we are unable to accept returns. However, if you are unhappy with the product or feel it didn’t meet your expectations, we encourage you to reach out to us. Your feedback is invaluable, and we are committed to helping resolve any concerns you may have.
26. Medication Disposal
We know it can be frustrating when you have unused, unopened, or damaged prescription medication that you need to dispose of. While we are unable to accept returns of medication, we are here to guide you through proper disposal methods.
If you no longer need your medication, the best way to dispose of most unused or expired medicines (both prescription and over-the-counter) is to drop them off at a designated drug take-back site or program. You can use the DEA Diversion Control Division Lookup tool to find the nearest disposal site.
If there are no take-back locations available, or if your medication does not come with specific disposal instructions, follow these steps for safe disposal at home:
Mix the medicines (without crushing tablets or capsules) with an unappealing substance like dirt, cat litter, or used coffee grounds.
Place the mixture in a sealed container, such as a plastic bag.
Dispose of the container in your household trash.
Remove or black out any personal information on prescription labels from empty medicine bottles or packaging before trashing or recycling them.
For more information, you can visit the FDA’s Disposal of Unused Medicines page.
Copyright/Trademark Information
Copyright ©2024 Lovely Meds, Inc. All rights reserved. All trademarks, logos, and service marks displayed on the Site are the property of Lovely Meds or third-party licensors. You are not permitted to use these without written consent from Lovely Meds.