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Terms of Service

Last updated: August 18, 2026

Welcome to the Elysium Health, Inc. (“Elysium Health”) websites located at www.elysiumhealth.com and www.elysiumhealthrx.com (collectively, the “Sites”). Please read these Terms of Service (the “Terms”) carefully because they govern your use of our Sites and all products and services provided by Elysium Health via the Sites, including our product purchasing services, access to telehealth services, and any other services we make accessible via our Sites. To make these Terms easier to read, the Sites and all such products and services are collectively called the “Services.”

Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. Your access to and use of the Services is subject to these Terms, our Privacy Policy, and any other policies and procedures posted on the Sites, as well as all applicable laws and regulations.

Product Claims

The supplement and wellness products that you can purchase through the Sites (the “Wellness Products”) and the claims made about specific Wellness Products on or through the Sites have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease. The information provided on the Sites regarding Wellness Products is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should not use the information on the Sites regarding Wellness Products for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional, and carefully read all information provided on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product (including regarding any interactions between any medication you are currently taking and such products), before starting any diet or exercise program or before adopting any treatment for a health problem, or if you have or suspect you might have a health problem. Unless advised by your healthcare professional, biological age should not be used to determine or alter any age-related health or medical treatments based on your chronological age.

Telehealth and Pharmacy Services

Certain of our Services enable you to communicate with a health care provider. The Services do not replace your relationship with any physician. These Services might not be appropriate for all medical conditions or concerns. If you think you may have a medical emergency, call your doctor or 911 immediately. Do not access the Services for emergency or crisis care.

Telehealth Services

The Services include access to telemedicine, which involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location (the “Telehealth Services”). Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to: (a) electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider; (b) interactions between a patient and health care provider via audio, video, and/or data communications; and (c) use of output data from medical devices, sound, and video files.

The electronic systems used in the Telehealth Services will incorporate network and software security protocols to protect the privacy and security of health information and will include measures to safeguard your data against intentional or unintentional corruption or unlawful access. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth, and the Telehealth Services are not a substitute for in-person care in all cases. In order to use the Telehealth Services, you will be required to review and agree to an informed consent from Beluga Health, P.A. regarding the use of telehealth (the “Patient Consent”) that will be provided to you via the Telehealth Services. You agree that Elysium Health is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.

By using the Telehealth Services, you agree and consent to Elysium Health, the affiliated physician practices, the health care providers contracted or employed by the affiliated physician practices, and any other health care organization(s) or provider(s) with whom we partner to provide the Telehealth Services to you sending you disclosures, notices, messages, reports, and other communications either in writing or electronically, including without limitation through your Account or by email. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us, any affiliated physician practice, any health care provider contracted or employed by an affiliated physician practice, or any health care organization(s) or provider(s) with whom we partner to offer the Telehealth Services to you liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or your failure to comply with any treatment recommendations contained in these communications. Moreover, you acknowledge and agree that no means of electronic transmission can be guaranteed to be 100% secure.

Your Relationship with Elysium Health

Elysium Health does not provide any medical, health care, or telehealth services, including via the Services. All health, medical, and telehealth services made available through the Services are provided solely by independent third-party health care providers and their affiliated physician practices, and not by Elysium Health. Rather, Elysium Health provides a technology platform for you to access a third party health care provider who is employed or contracted with Beluga Health, P.A., a third party affiliate physician practice and to obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Services are for informational purposes only, are not a substitute for direct in-person health care services in all cases, and are not an indicator of specific results.

The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and consulting with an affiliated physician practice or its health care providers through the Services, you are not entering into a provider-patient relationship with Elysium Health, which is not a health care provider. Except for specific communications received from an affiliated physician practice or its health care providers, none of the information you receive through the Services should be considered medical advice. By using the Services, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the third-party health care providers associated with the Services. The third-party health care providers, and not Elysium Health, are solely responsible for all health, medical, and telehealth services, advice, diagnoses, treatments, and prescriptions provided to you. Elysium Health does not control, direct, oversee, or interfere with, and has no responsibility or liability for, any professional service, act, or omission of such health care providers, each of which is solely responsible for its provision of professional services rendered via the Services.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ELYSIUM HEALTH EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY HEALTH, MEDICAL, OR TELEHEALTH SERVICES, ADVICE, DIAGNOSES, TREATMENTS, PRESCRIPTIONS, PRODUCTS, OR OTHER ACTS OR OMISSIONS OF ANY THIRD-PARTY HEALTH CARE PROVIDER, AFFILIATED PHYSICIAN PRACTICE, PHARMACY, OR OTHER HEALTH CARE ORGANIZATION OR PROVIDER MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES. ELYSIUM HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALIFICATIONS, CREDENTIALS, EXPERTISE, OR QUALITY OF CARE OF ANY SUCH THIRD-PARTY PROVIDER, AND YOU ACKNOWLEDGE THAT YOUR RELIANCE ON, AND USE OF, ANY SUCH THIRD-PARTY HEALTH OR TELEHEALTH SERVICES IS SOLELY AT YOUR OWN RISK.

No Insurance Accepted; Notice of Your Financial Responsibility

Elysium Health does not accept, bill, or submit claims to any health insurance plan for any Elysium Health Wellness Products or services, and does not interact or coordinate with your health insurance plan, your employer, or any other third party in connection with any health insurance, benefits, or plans you may have. All Elysium Health Wellness Products and services are provided on a direct-pay basis, and you are expected to pay Elysium Health directly for its Wellness Products and services. You are solely responsible for the full costs of any Wellness Products or services provided to you through the Services.

The Services enable you to, among other things, order Wellness Products from Elysium Health. The amounts due and payable by you for any Wellness Product that you purchase through the Services (including applicable taxes, shipping and handling) will be presented to you before you place your order. If you place an order for any Wellness Products via the Services, you agree (a) that Elysium Health may charge your credit card for verification, pre-authorization and payment purposes, and (b) to bear any additional charges that your bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. Your order is not binding on Elysium Health until accepted and confirmed by Elysium Health.

During checkout, you will be asked to pay a “total” subscription price for the products and services that you receive. If your subscription includes Telehealth Services and/or prescription medication, then the total price that you pay will include the amounts charged by the healthcare provider for the Telehealth Services, and the pharmacy fulfilling your prescription for the prescription medication.

Pharmacy Services

If you receive a prescription as a result of your use of the Services, you will be matched with one of our partner pharmacies to fulfill and ship your prescription. If you want to use a pharmacy other than one of our partner pharmacies, you must email us at [email protected]. You give us consent to send and disclose to the partner pharmacy or the pharmacy of your choice all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location, and demographic information) so that you may receive pharmacy services. If you select to use our partner pharmacy to fulfill any prescriptions, you acknowledge that your medication may not be shipped in child-resistant packaging and that you must keep it out of the reach of children.

Prescription medications and treatments ordered through the Telehealth Services may be provided on an automatically renewing subscription basis. Notwithstanding the cancellation timing set forth in the “Product Purchases” section below, Elysium Health will provide you with notice of each upcoming renewal of a prescription subscription as described in the checkout process, and you may modify or cancel your prescription subscription at any time up to three (3) days before the renewal date by contacting us at [email protected] or within your customer portal. Changes or cancellation requests received fewer than three (3) days before a renewal date will take effect as of the following renewal.

HIPAA and Protected Information

In using certain components of the Services, you may provide certain medical information that may be protected under applicable laws. Elysium Health is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations, as amended from time to time (collectively, “HIPAA”). While state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because health information is involved, and HIPAA may not apply to your transactions or communications with Elysium Health or the health care providers associated with the Services. To the extent Elysium Health is deemed a “business associate,” however, and solely in its role as a business associate, Elysium Health may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the health care providers (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”) will be used and disclosed only in accordance with such applicable laws. Any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.

Availability

Certain Telehealth Services are currently only available to individuals located in certain states. You will be provided with notice of such limitations on the availability of certain Services in your location when using those parts of the Services. Elysium Health provides access to the Telehealth Services for use only by persons located in the United States, and we make no claims or representations that the Telehealth Services or any material included in the Telehealth Services are accessible or appropriate for use outside of the United States. You may not access the Telehealth Services from outside one of the states in which Beluga Health providers are licensed. Neither Elysium Health nor the affiliated professional entities make any representations, warranties, or guarantees regarding the continued availability of the Services, and the Services may be discontinued at any time at the sole discretion of Elysium Health and/or the affiliated professional entities. We will endeavor to provide you with reasonable notice of any such discontinuation so that you may find a local provider with whom to continue treatment.

Changes to Terms or Services

We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Sites or through other communications. It’s important that you review the modified Terms whenever we modify them because if you continue to use the Services after we have posted the modified Terms on the Sites, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Who may use this service

Eligibility

You may use the Services only if you are 18 years or older and capable of forming a binding contract with Elysium Health and are not barred from using the Services under applicable law.

Registration and Your Information

If you want to use certain features of the Services you’ll have to create an account (“Account”). You must create an Account to be able to order products or make purchases through the Services.

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.

Products for Personal Use Only

The Wellness Products available on the Sites, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the Wellness Products or samples thereof that you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled by us or Wellness Products to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms.

Product Purchases

This section applies only to products and services purchased directly from Elysium Health, including the purchase of Wellness Products. It does not apply to any products, services, prescriptions, or care provided by partner pharmacies, physicians, or other health care providers that you may access through the Services, which may be subject to separate terms, fees, and cancellation policies.

(a) Subscriptions Automatically Renew Until you Cancel & How to Cancel Your Subscription

All amounts are payable and charged: (i) for one-off purchases, at the time you place your order; and (ii) FOR SUBSCRIPTION-BASED PURCHASES, AT THE BEGINNING OF THE SUBSCRIPTION AND, BECAUSE EACH SUBSCRIPTION RENEWS AUTOMATICALLY UNTIL YOU CANCEL IT, AT THE TIME OF EACH RENEWAL UNTIL YOU CANCEL. You must send your cancellation request by completing and submitting this cancellation form 48 hours before your subscription renews to avoid the billing of the fees for the next subscription period. If you have questions regarding your subscription, you may also contact us by email at [email protected] or by calling our toll-free number, (888) 220-6436. If you cancel in the middle of a prepaid period, you will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive products ordered until the end of your current subscription period. Continued access to prescription medication or treatment through each renewal is subject to your ongoing clinical eligibility, as determined solely by your prescribing health care provider. Provider approval is required for each refill and is not guaranteed. The shipment schedule for your medication or treatment may differ from your billing schedule due to your prescribed dosage, quantity limits, and the product’s beyond-use date.

When ordering, it is your responsibility to ensure that all information submitted to Elysium Health is accurate. You may not be able to submit corrections after you place an order, and, if accepted, any corrections submitted after you place an order may significantly delay shipping of your order.

Unless expressly specified payments made to us are non refundable.

We reserve the right to limit the order quantity on any product, to extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship product to you for any reason. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with Elysium Health.

Elysium Health reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Elysium Health deems appropriate in its sole discretion. Elysium Health also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. Elysium Health will either not charge you or refund the charges for orders that we do not process or cancel.

(b) Risk of Loss, Return Policies, and FAQ

Title to products passes from Elysium Health to you upon shipment from Elysium Health’s facility. For information on order processing and shipping, please see our Shipping FAQ. Please be aware that our shipping times are only estimates and are subject to change.

If you desire to return any product you ordered through the Services, please refer to our Return Policy FAQ for how you may return the product.

Please read our FAQ (https://elysiumhealth.com/help) for more information.

(c) Index Purchases

Wellness Products may include our age index kits (“Index Kits”). Individual Index Kit purchases are 100% refundable prior to kit shipment. If the kit is in the process of being shipped, we may not be able to cancel the shipment but unopened kits can be returned as described below.

  • If your Index Kit has been received but hasn’t been opened, you can receive a refund by contacting us at [email protected] or by calling our toll-free number, (888) 220-6436, registering the Index Kit, and then mailing the Index Kit back to us with the return shipping label provided by our Customer Experience team, all within thirty (30) days after you initially placed your Index Kit order. As long as the request for a refund is received before the kit is received by the lab, we will refund the purchase price less our then-applicable restocking fee, currently $39.
  • Refund requests for Index Kits must be received prior to our lab receiving the sample, and the refund will be processed once we receive your unused Index Kit.
  • Once our lab begins processing your Index Kit, no refunds will be given.

In the event a refund is issued on any of our products, discounts applied to your purchase will not be refunded. Any discounts applied to other products purchased with the product you are returning will be deducted from any refund.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected]. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable license, with the right to grant sublicenses, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

Content and Content Rights

For purposes of these Terms: (i) ”Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) ”User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.

Content Ownership, Responsibility and Removal

Elysium Health does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Elysium Health and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

By making any User Content available through Services you hereby grant to Elysium Health a non-exclusive, transferable, sublicenseable, worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders. Our use of User Content is further subject to our Privacy Policy.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by Elysium Health on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your User Content contained in your Account by specifically deleting it. However, in certain instances some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. We’re not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by Elysium Health

Subject to your compliance with these Terms, Elysium Health grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Elysium Health Expedited Shipping Promotion & Promotional Codes

Elysium Health expedited shipping promotional codes cannot be combined with any other promotions. The discount code must be applied during checkout for promotion to apply. This promotion is valid on first shipments only and is valid only for the time specified in the promotion.

Promotional Credit and Promotional Code Terms and Conditions

The following Terms and Conditions, together with Elysium Health’s Terms of Service, govern the use of Elysium Health Promotional Credit and Promotional Codes (“Promotion”):

  1. No fees are imposed on Promotions. Sales tax and shipping charges are applicable to any items purchased with a Promotion.
  2. Promotions may have an expiration date, as indicated at the time of issuance. Promotions are not Gift Cards.
  3. Unless otherwise specified at the time of issuance, Promotions can only be redeemed at the Elysium Health website toward a new purchase of products available thereon and are subject to any additional restrictions communicated along with the Promotion. For purposes of this provision, renewal of existing subscriptions or upgrading to a longer subscription plan shall count as a new purchase. Unless otherwise specified at the time of issuance, Promotions cannot be applied to any orders previously placed or be used toward the purchase of Gift Cards.
  4. Promotions are non-transferable and may not be returned or redeemed for cash (except as required by law).
  5. If your order total is less than the value of the Promotion, the remaining Promotion balance will continue to be available and can be redeemed against subsequent orders and renewals. If a Promotional Credit is gained and entered during an existing subscription, the Credit will be automatically redeemed with the next renewal. You may check your Promotion balance on the Elysium Health website or by calling customer assistance.
  6. To redeem a Promotion you must enter the Promotion information when prompted during checkout. Additional restrictions may apply, as indicated at the time of issuance.
  7. All remaining balances exceeding the value of your Promotion must be paid by another acceptable form of payment (credit card or debit card).
  8. Delivery of an electronic Promotion to an incorrect or non-existent email address is the sole responsibility of the purchaser. We are not responsible if a Promotion is lost, stolen, destroyed or used without permission. Promotions will not be replaced if lost or stolen. Please treat them like cash.
  9. We reserve the right, in our sole discretion, to refuse, modify, cancel or hold for review any Promotion and orders for suspected fraud, for Promotions mistakenly issued in an incorrect denomination, or for other violations of the Promotion policies, in whole or in part for any reason or no reason to the extent permitted by law. If we suspect misuse of a Promotion, it may be suspended or terminated.

General Prohibitions and Elysium Health’s Enforcement Rights

You agree not to do any of the following:

  • Use the Services in any way, or upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Services, or any individual element within the Services, Elysium Health’s name, any Elysium Health trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Elysium Health’s express written consent;
  • Access, tamper with, or use non-public areas of the Services, Elysium Health’s computer systems, or the technical delivery systems of Elysium Health’s providers;
  • Attempt to probe, scan, or test the vulnerability of any Elysium Health system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Elysium Health or any of Elysium Health’s providers or any other third party (including another user) to protect the Services or Content;
  • Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Elysium Health or other generally available third party web browsers;
  • Use any meta tags or other hidden text or metadata utilizing an Elysium Health trademark, logo, URL or product name without Elysium Health’s express written consent;
  • Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

Third-Party Services

Elysium Health may provide tools through the Services that enable you to export information, including User Content, to third-party services. By using one of these tools, you hereby authorize Elysium Health to transfer that information to the applicable third-party service. Third-party services are not under Elysium Health’s control, and, to the fullest extent permitted by law, Elysium Health is not responsible for any third-party service’s use of your exported information. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Elysium Health will have no control over the information that has been shared.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at [email protected] or by calling our toll-free number, (888) 220-6436. Please note that cancelling your Account will not affect your current subscription from Elysium Health, as subscriptions are pre-paid. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, the provisions entitled “Agreement to Terms,” “Feedback,” “Content and Content Rights,” “General Prohibitions and Client’s Enforcement Rights,” “Links to Third Party Websites or Resources,” “Termination,” “Warranty Disclaimers,” “Indemnity,” “Limitation of Liability,” “Dispute Resolution” and “General Terms.”

Warranty Disclaimers

The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPLICITLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WELLNESS PRODUCTS OFFERED FOR SALE ON THE SITES, EXCEPT SOLELY AS SET FORTH IN OUR RETURN POLICY FAQ. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE A NEW JERSEY RESIDENT, THIS “WARRANTY DISCLAIMERS” SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

Indemnity

You will indemnify and hold harmless Elysium Health and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your User Content; or (iii) your violation of these Terms.

IF YOU ARE A NEW JERSEY RESIDENT, YOUR OBLIGATIONS UNDER THIS “INDEMNITY” SECTION ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

Limitation of Liability

The Services & Content

NEITHER ELYSIUM HEALTH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT, INCLUDING THE WELLNESS PRODUCTS, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELYSIUM HEALTH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL ELYSIUM HEALTH’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO ELYSIUM HEALTH FOR USE OF THE SERVICES OR CONTENT OR PURCHASE OF WELLNESS PRODUCTS, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ELYSIUM HEALTH EXPRESSLY DISCLAIMS ALL LIABILITY FOR CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION AND/OR NON-COMPLIANCE WITH ANY DIRECTIONS.

Third-Party Health and Telehealth Services

ALL HEALTH, MEDICAL, AND TELEHEALTH SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY HEALTH CARE PROVIDERS AND THEIR AFFILIATED PHYSICIAN PRACTICES, AND NOT BY ELYSIUM HEALTH. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ELYSIUM HEALTH BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES, INCLUDING FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR DEATH, ARISING OUT OF OR RELATED TO ANY HEALTH, MEDICAL, OR TELEHEALTH SERVICES, ADVICE, DIAGNOSES, TREATMENTS, OR PRESCRIPTIONS PROVIDED BY, OR ANY OTHER ACT OR OMISSION OF, ANY THIRD-PARTY HEALTH CARE PROVIDER, AFFILIATED PHYSICIAN PRACTICE, PHARMACY, OR OTHER HEALTH CARE ORGANIZATION OR PROVIDER, WHETHER OR NOT MADE AVAILABLE THROUGH THE SERVICES. THIS IS TRUE EVEN IF ELYSIUM HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

General

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ELYSIUM HEALTH AND YOU.

IF YOU ARE A NEW JERSEY RESIDENT, THIS “LIMITATION OF LIABILITY” SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.

Agreement to Arbitrate

You and Elysium Health agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Southern District of New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Elysium Health are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Elysium Health otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arbmed or by calling the AAA at 1-800-778-7879_.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF... and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and Elysium Health otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Elysium Health submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Elysium Health will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Elysium Health will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Elysium Health changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Elysium Health’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Elysium Health in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Communications by Text Message and Email

By opting in to receive text (SMS) messages from Elysium Health (an “SMS Enrollment”), you consent to receiving text messages regarding your Account and use of the Services. These text messages may include order confirmations, shipping notifications, messages from your health care provider, and other transactional messages, as well as promotional and marketing notifications, to the extent you have opted in to receive such messages from Elysium Health. Your opt-in includes your express waiver of any and all restrictions imposed by any federal or state law regarding the character limit, frequency and number of messages, time of day messages are received, and any other restriction imposed by any political subdivision other than the federal or state government. You make an SMS Enrollment by providing your mobile number and affirmatively consenting to receive text messages at that number during checkout at www.elysiumhealthrx.com.

With your SMS Enrollment, you represent and understand that: (a) you are the owner or authorized user of the mobile device you used to initiate the SMS Enrollment; (b) you are authorized to approve any applicable charges in connection with the text messages you send to and receive from Elysium Health; (c) you will be responsible for all messaging and other data charges that may apply for any text messages sent to you from Elysium Health, or from you to Elysium Health; and (d) neither Elysium Health, nor your or Elysium Health’s mobile carriers, will be liable for delayed or undelivered messages.

Note that access to the Services is not conditioned upon your consent to receive marketing or promotional text messages from Elysium Health, and you can opt out of any of Elysium Health’s SMS services at any time by texting “STOP” to the message received, from the mobile device that is subscribed to receive the SMS messages. After you send the text message “STOP” to us, we may send you one final text message to confirm that you have been unsubscribed. If you have opted in to receive more than one type of text message from Elysium Health, you will need to opt out of each Elysium Health SMS service to which you are subscribed. Until you have done so, you may continue to receive the types of text messages from Elysium Health that you have opted in to receive but have not unsubscribed from. Message frequency varies. For help with Elysium Health’s SMS services at any time, you may reply “HELP” to any text message you receive from Elysium Health, or contact us at [email protected] or (888) 220-6436.

Elysium Health will not sell your mobile number, and will not share your mobile number, or the fact or content of your SMS Enrollment and consent, with third parties or affiliates for their own marketing purposes. Your mobile number is used to deliver the messages described in this section, and is disclosed only to the service providers that transmit those messages on Elysium Health’s behalf, which are not permitted to use your mobile number for their own marketing purposes.

You also understand that, while Elysium Health takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from Elysium Health are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk. By initiating an SMS Enrollment, you consent to sending text messages to Elysium Health, and receiving text messages from Elysium Health, that are not encrypted. Likewise, by emailing Elysium Health or giving Elysium Health your email, you consent to receiving unencrypted email messages from Elysium Health. If you are experiencing any issues with Elysium Health’s text messaging or email services, or if you have any concerns about sending or receiving any sensitive information through text or email, please contact us directly at [email protected]. If you have questions specific to your text or data plan, please contact your wireless provider.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Elysium Health and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Elysium Health and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Elysium Health’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Elysium Health may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Elysium Health under these Terms, including those regarding modifications to these Terms, will be given by Elysium Health: (i) via email to the email address you provide us via the Services; or (ii) by posting to the Sites. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Elysium Health’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Elysium Health. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services, please contact Elysium Health at [email protected], (888) 220-6436, 434 Broadway, Floor 2, New York, NY 10013.