BLACK TIE VITALITY — TERMS OF SERVICE
These Terms of Service (“Terms”) govern your access to and use of the Black Tie Vitality website, products, services, and related offerings (collectively, the “Services”). The Services are operated by Black Tie Vitality (“Black Tie Vitality,” “we,” “us,” or “our”).IMPORTANT: THE SERVICES ARE NOT FOR EMERGENCIES. IF YOU THINK YOU MAY HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1) DEFINITIONS
“Clinical Services” means telehealth consultations and related clinical evaluation performed by licensed healthcare providers.
“Provider” means an independent licensed clinician (or clinical group) who provides Clinical Services.
“Prescription Products” means prescription medications, including compounded medications, that may be prescribed by a Provider and dispensed by a licensed pharmacy.
“Non-Prescription Products” means non-prescription products such as wellness products, supplies, or merchandise sold through the site or linked stores.
2) SCOPE OF OUR SERVICES (PLATFORM + CARE COORDINATION)
Black Tie Vitality provides a platform that may:
• Facilitate access to Clinical Services via telehealth;
• Provide educational content and product information;
• Collect intake information and assist with scheduling;
• Facilitate payment for Services and/or products;
• Coordinate fulfillment and shipping through licensed third parties (e.g., pharmacies, labs, shipping carriers);
• Provide access to a patient portal (including third-party portal tools) for intake, communication, and documents.PROVIDER RELATIONSHIP: Clinical decisions (including whether to prescribe, what to prescribe, dosage, formulation, and refills) are made solely by the treating Provider based on medical judgment, your history, and safety considerations. No prescription is guaranteed.
3) ELIGIBILITY
You must be at least 18 years old to use the Services. By using the Services, you represent that you are at least 18 and can form a binding contract.
4) GEOGRAPHIC LIMITATIONS / STATE AVAILABILITY
Clinical Services are available only where Providers are licensed and permitted to provide telehealth services. Availability varies by state and may change. You are responsible for providing accurate location information and using the Services only where legally permitted.
5) NO EMERGENCY CARE
The Services do not provide emergency medical services. Do not use the Services for emergency or urgent conditions.
6) MEDICAL INFORMATION; EDUCATIONAL CONTENT
Any content on the site (including articles, product descriptions, and educational materials) is for general informational purposes and is not medical advice. Do not delay or disregard medical care based on site content.
7) TELEHEALTH CONSENT; TECHNOLOGY REQUIREMENTS
By using Clinical Services, you consent to receive healthcare via telehealth, which may include asynchronous messaging, video, and/or phone, depending on Provider practices and state rules.You are responsible for:
• Having a compatible device, internet access, and required software;
• Using a private location when appropriate;
• Providing accurate and complete information;
• Following the Provider’s instructions, monitoring parameters, and recommended follow-ups/labs.
8) ACCOUNT REGISTRATION AND SECURITY
You may need to create an account and/or use a patient portal to access features. You agree to:
• Provide accurate, current information;
• Keep login credentials confidential;
• Notify us of unauthorized use;
• Accept responsibility for activity under your account.We may suspend or terminate access if we believe your account is compromised or used improperly.
9) INTAKE, CONSULTATION, AND PRESCRIPTION PROCESS
Your purchase may include access to a workflow such as:
• Checkout on the website;
• A welcome email and access to your private patient portal;
• Completing an intake and scheduling a consultation;
• Provider evaluation and clinical decision-making;
• If approved, prescription processing and fulfillment.Timing depends on Provider availability, required labs, and pharmacy processing. Where stated on the site, prescriptions may be prepared within one business day after Provider approval and delivered in approximately 7–10 days; however, timelines are estimates and not guarantees.
10) PRESCRIPTION DECISIONS, DOSE CHANGES, AND PRODUCT DISPLAY DISCLAIMER
Medication strength, dosage, and formulation displayed or selected at checkout are not guaranteed. Providers may prescribe a different medication, strength, or dosage (or no medication) based on medical necessity and safety. Not all patients qualify for all therapies, dosages, or strengths.
11) LABS, TESTING, AND THIRD-PARTY SERVICES
Providers may require lab testing or other information before prescribing or continuing therapy. Lab services (if any) may be performed by third parties. You agree to comply with lab orders and understand that failure to complete required testing may delay or prevent treatment.
12) PAYMENTS, AUTHORIZATION, AND BILLING
You agree to pay all charges shown at checkout (including any applicable taxes and shipping). You authorize us and/or our payment processors to charge your chosen payment method.If you purchase a plan that renews (e.g., monthly), you authorize recurring charges until you cancel in accordance with the cancellation instructions provided at purchase or in your portal. You are responsible for keeping payment information current.
13) REFUND POLICY; FINAL SALE ON PRESCRIPTION PRODUCTS
PRESCRIPTION PRODUCTS (INCLUDING COMPOUNDED MEDICATIONS) ARE FINAL SALE.We do not offer refunds for any order that has been processed, shipped, or dispensed, including Prescription Products. Due to pharmaceutical regulations and patient safety requirements, prescription and compounded products cannot be returned or restocked.Non-Prescription Products (if offered) may have separate return/refund rules listed on the product page or store policy. If there is a conflict, the product-specific policy controls.
14) CANCELLATIONS, RESCHEDULING, AND NO-SHOWS (CLINICAL SERVICES)
Appointment policies (including cancellation windows, rescheduling rules, and no-show fees) may be set by the Provider and/or displayed during scheduling. You agree to those terms when you schedule. Missed appointments or late cancellations may be non-refundable.
15) SHIPPING AND DELIVERY
We may offer shipping within the United States (“country-wide shipping”). Delivery estimates are not guarantees and may be affected by pharmacy processing, verification, weather, carrier delays, holidays, or regulations.RISK OF LOSS: For Non-Prescription Products, risk of loss typically transfers upon carrier acceptance unless otherwise required by law. For Prescription Products, shipping and delivery are subject to pharmacy requirements and applicable law.
16) SUBSTITUTIONS; OUT-OF-STOCK; DISCONTINUED
If a product becomes unavailable, a Provider may choose a clinically appropriate alternative or discontinue therapy. For Non-Prescription Products, we may cancel or modify orders if inventory is unavailable.
17) USER COMMUNICATIONS; SMS/EMAIL
You consent to receive communications related to your account, purchases, care coordination, and Services (including email, phone, and text). Message/data rates may apply. You can opt out of marketing messages per the instructions provided, but you may still receive transactional/administrative messages.18) PROHIBITED USES
You agree not to:
• Use the Services for unlawful purposes;
• Misrepresent your identity, age, location, or medical history;
• Seek controlled substances unlawfully or attempt to divert medications;
• Interfere with site security or operation (including scraping, reverse engineering, or malware);
• Harass, threaten, or abuse staff or Providers.19) INTELLECTUAL PROPERTY
All site content, branding, logos, text, graphics, and software are owned by or licensed to Black Tie Vitality and are protected by intellectual property laws. You may not use our marks without written permission.20) USER CONTENT (REVIEWS, COMMENTS, SUBMISSIONS)
If you submit content (e.g., reviews or testimonials), you represent you have the right to submit it and grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute it in connection with the Services, subject to applicable law and our Privacy Policy.21) THIRD-PARTY SITES AND SERVICES
The Services may link to third-party sites (e.g., patient portal providers, payment processors, pharmacy sites, or a separate merchandise store). We do not control and are not responsible for third-party content, policies, or practices. Your use of third-party services is governed by their terms.22) DISCLAIMERS
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.We do not guarantee outcomes or results from any therapy or product. Individual results vary and depend on medical history, adherence, and other factors.23) LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLACK TIE VITALITY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SPECIFIC SERVICE OR PRODUCT GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT.Some states do not allow certain limitations; in that case, limitations apply to the fullest extent permitted.24) INDEMNIFICATION
You agree to indemnify and hold harmless Black Tie Vitality and its owners, officers, employees, contractors, and agents from claims arising out of: (a) your misuse of the Services; (b) your breach of these Terms; (c) your violation of law; or (d) your content submissions.25) DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER (OPTIONAL BUT RECOMMENDED TO REVIEW WITH COUNSEL)
A) Informal Resolution: Before filing a claim, you agree to contact us and attempt to resolve the dispute informally.
B) Arbitration: Except where prohibited, any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis, not in court. The Federal Arbitration Act governs this clause.
C) Class Waiver: You agree not to bring or participate in a class action, private attorney general action, or representative proceeding against us.
D) Exceptions: Either party may bring an individual claim in small claims court if eligible. A party may seek injunctive relief for intellectual property misuse.If you do not want arbitration, you may opt out by sending written notice within 30 days of first accepting these Terms to: [INSERT OPT-OUT EMAIL/ADDRESS].26) GOVERNING LAW; VENUE
These Terms are governed by the laws of the state where Black Tie Vitality is headquartered/organized, without regard to conflict-of-law rules, except that arbitration is governed by the Federal Arbitration Act where applicable.27) TERMINATION
We may suspend or terminate your access at any time for violations of these Terms, suspected fraud, safety concerns, or as required by law. You may stop using the Services at any time. Sections that by their nature should survive termination will survive.28) CHANGES TO THESE TERMS
We may update these Terms from time to time. The “Last Updated” date controls. Continued use after changes means you accept the updated Terms.29) CONTACT
For support, questions, or complaints:
Email: support@blacktievitality.com