Terms & Conditions

Last Edited: August 31st, 2023

Thanks for visiting TelyRx. Before you use our pharmacy services you are need to carefully read and agree to these Terms of Service (the “Terms”) as they have important information about your use of TelyRx’s pharmacy services, website, mobile application, products, and other technology platforms (collectively, the “Services”). Your use of and access to the Services are also subject to our privacy policy (the “Privacy Policy”) which contain important information about how TelyRx protects your personal information. If you’ve any questions, please reach out to us at [email protected] before you use or otherwise access any of the Services.

Note that when we say “us“, “we”, “our”, or “TelyRx” in these Terms, we mean TelyRx, LLC and its subsidiaries and when we say “you” or “your” in these Terms, we mean a customer of any of the Services, including a customer who has been added as a dependent to another customer’s account.

PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. Accepting these Terms

By using or accessing the Services, you agree to be legally bound by these Terms. If you don’t agree to these Terms, you shouldn’t and aren’t permitted to use or access any of the Services.

If you are a new customer, these Terms are effective on the date of your first use of the Services. If you are an existing customer, these Terms are effective on the Effective Date.

2. Modifications to the Terms and the Services

These Terms May Change. We may change these Terms at any time. However, we’ll give you prior notice of any material changes by placing a notice on the Services, sending you an email, or some other manner, and we’ll let you know when the modified Terms will become effective. Your use of or access to the Services after the new Effective Date will be considered assent to the new Terms.

The Services May Change. You understand that the Services may change over time. We may add new features to existing Services or new types of Services, and these Terms will be applicable to these new features or Services.

3. Your Use of the Services

You will not use the Services if you’re less than 18 years of age

You will not use the Services for any unlawful purpose;

You will not submit inaccurate, incomplete, or out-of-date information or commit fraud or falsify information in connection with your use of the Services;

You will not attempt to obtain the password, account, or other security information of any other customer;

You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of any part of any of the Services;

You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Services for purposes of creating or compiling that data or content for any purpose;

You will not interrupt or attempt to interrupt the Services’ operation or any other person’s use of the Services in any way (including by hacking or defacing any portion of the Services or by providing any material that contains any viruses or other harmful computer code);

You will not sign up for an account or otherwise use the Services if you’re located outside of the United States;

You will not use or interact with the Services in any manner that adversely affects our interests or the interests of a third party, including any use or interaction that infringes or violates the intellectual property rights of us or any third party;

You will not use or interact with the Services in any manner (including through the materials that you submit to the Services) that is unlawful, harmful, or otherwise objectionable as we determine in our discretion; and

You will not threaten, harass, discriminate against, or otherwise act inappropriately towards any of our employees or service providers.

You understand that we may suspend or terminate your ability to use any of the Services if we believe that you’re breaking any of these rules.

4. Your Account and Account Information

You are required to create an account in connection with your use of the ServicesTo maintain the security and integrity of your account and account information, you agree that:

• You will provide us with accurate, current, and complete information about yourself;
• You will promptly update all account information to keep it accurate, current, and complete;
• You will take any and all actions to protect the confidentiality of your account information, including your password;
• You will be responsible for any and all activities that occur in connection with your account;
• You will immediately notify us of any unauthorized use of either your password or account or any other breach of security; and
• You will not permit other parties to access the Services using your account.

5. Privacy

Your account information, health information, and all other information that you provide to us is subject to our Privacy Policy and by using the Services, you agree that you’ve read the Privacy Policy. You agree to grant us a royalty-free, perpetual, sublicensable, irrevocable, and worldwide license to use the information you provide to us in accordance with our Privacy Policy in order to provide the Services.

6. Your Rights in the Services

You understand and agree that the Services and all information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”) contained on the Services are owned by TelyRx and are protected by intellectual property rights and laws.

7. Your Communications with TelyRx

You consent to receive communications (including emails, texts, phone calls, and notices and messages sent through the Services) from or on behalf of us to any email address, phone number, or mobile device associated with your account or otherwise directly or indirectly provided to us. This consent applies to marketing and non-marketing communications from or on behalf of TelyRx to you. Consent to receive marketing communications is not a condition to use the Services. Consent to receiving electronic communications from us may be revoked at any time by reaching out to us at [email protected].

By using the Services, you understand that electronic communications are never completely private or secure and certain communications have inherent privacy risks. You acknowledge that any communications you send to TelyRx may be read or intercepted by others, even if a particular communication is encrypted or purports to be encrypted. Such communications, which may contain your health-related information, could be accessed by an unauthorized party, intercepted, or altered without your knowledge or authorization.

8. Your Payment Obligations; No Refunds

TelyRx may use a third-party payment processor to bill you through a payment account linked to your TelyRx account. The processing of payments will be subject to the terms, conditions, and privacy policies of our payment processor in addition to these Terms. In that case, our payment processor - and not us - stores your payment method information.

understand and agree that you’re responsible for any payment for purchases for prescriptions and other products, and any other fees associated with any of our Services. You agree to pay us all charges associated with the requested Services at the prices then in effect and you authorize us, through our payment processor, to charge your selected payment method. If there is an issue charging your selected payment method, we’re permitted to charge any other valid payment method associated with your account. If there is no other valid payment method, we’ll attempt to contact you. However, in the interim, we may refrain from providing certain Services to you until the payment issue is resolved.

No Refunds on Delivered Medication. Due to pharmacy rules, we are unable to accept returns of delivered medication. All medication purchases are final sale and no refunds will be issued.

9. Health-Related Content; Digital Medication Guides; Prescription Renewals

Any health-related Content provided on the Services is not intended to be a substitute for professional medical advice, diagnoses, or recommendations about medical treatment. You expressly acknowledge and agree that TelyRx is not responsible or liable for the results of any decisions made based on your use of health-related Content or the Services.

Contact Health Care Professionals for Important Questions. If you have any questions about a medical condition, medicine, or prescription, contact your physician, or another health care provider. Never disregard medical advice or delay in seeking it because of something you’ve read on the Services. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

You Consent to Receive Digital Medication Guides. If you live in a state where digital medication guides are permitted by law, you may receive - and by accepting these Terms, you consent to receive - a digital medication guide with any prescription order. However, if you would prefer a physical copy of medication guide, please feel free to ask us for one at any time.

You Consent to Provider Contact for Prescription Renewals. You agree that we may contact your provider in order to obtain a renewal of any of your prescriptions. If you don’t want us to contact your provider for prescription renewals, please let us know at any time.

10. Disclaimers and Indemnification

No Responsibility for Third Parties. The Services may contain links to third-party websites or services that are not owned or controlled by TelyRx. You understand and agree that you’re responsible for reviewing and complying with the applicable terms that govern your use of third-party websites or services. TelyRx will not have any responsibility for your use of or interactions with these websites or services.

The Services are Provided Without Warranties. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, TELYRX DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING ANY SERVICE AND ANY CONTENT AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TELYRX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOUR SOLE REMEDY AGAINST TELYRX FOR DISSATISFACTION WITH ANY SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICES.

Our Liability to You May Be Limited. NEITHER TELYRX NOR ANY OF OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS OR CONTENT PROVIDERS WILL BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR (I) ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF, OR INABILITY TO USE THE SERVICES OR THE CONTENT, OR (II) ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US BY YOU FOR THE SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $1000.00. THE FOREGOING LIMITATIONS APPLY EVEN IF TELYRX HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CERTAIN DAMAGES, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW.

You Agree to Indemnify Us. You understand that you’ll be responsible to us if a third party makes a claim against us due to your use of the Services or your violation of these Terms. You agree to defend, indemnify and hold TelyRx, its affiliates, and each of our and their respective officers, directors, affiliates, employees, contractors, suppliers, agents, and representatives (the “TelyRx Parties”) harmless from any third-party demands, loss, liability, claims, or expenses (including reasonable attorneys’ fees) (a “Third-Party Claim”) arising out of or in connection with your use of the Services or Content or the violation of these Terms by you or anyone using your account. We reserve the right to assume the exclusive defense and control of any Third-Party Claim, in which event and upon our request, you’ll assist and cooperate with us in asserting any available defenses. In the event of a Third-Party Claim, we’ll attempt to provide notice of the Third-Party Claim to the contact information associated with your account.

11. Termination

We May Terminate. We reserve the right to suspend or terminate your account and access to and use of the Services, without notice or liability to you or any third party, if we believe, in our sole determination, that you are violating these Terms or for any other lawful reason or no reason - though generally we’ll terminate your account only if you’re misusing or abusing the Services in some way.

You May Terminate. If you want to terminate these Terms and stop using the Services, you may let us know at any time and for any reason.

Effect of Termination. Upon termination of your use of and access to the Services, these Terms will automatically terminate with respect to you, although this will not relieve you of any of your obligations that arose or accrued prior to termination. Please note that certain provisions of these Terms that are intended to survive termination of our relationship (including provisions regarding indemnification, limitation of liability, and dispute resolution) will survive termination. If you decide to use the Services again after terminating your account, you will at that point once again be subject to these Terms.

12. Resolving Disputes

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Florida Law Governs. Except as specifically set forth in these Terms, these Terms are governed by and will be construed under the laws of the State of Florida. Any dispute arising from or relating to the subject matter of these Terms shall be finally decided either through arbitration as described below or, if such dispute is not subject to arbitration, by the state or federal courts located in Clearwater, Florida.

No Class Actions. You understand and agree that you may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.

13. General Terms

Complete Agreement. You and TelyRx agree that these Terms, together with the Privacy Policy, are the complete and exclusive statement of the mutual understanding between you and TelyRx with respect to the Services, and supersede all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.

Headings. The headings of the sections and paragraphs of these Terms are for convenience only and don’t form a part of these Terms. The headings in no way limit, describe, modify, interpret, or construe the meaning, scope, or intent of these Terms.

Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

No Waiver; No Modification. TelyRx’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Any course of conduct between you and TelyRx shall not act to modify any provision of these Terms.

Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without TelyRx’s prior written consent. TelyRx may assign its rights and duties hereunder to any third party at any time without notice to you.

No Third-Party Beneficiaries. Except as specifically set forth in these Terms, no third party shall have any right to enforce any right or enjoy any benefit that is created or established under these Terms.

Notices. We may deliver notice to you concerning these Terms by placing a notice on the Services, by sending you an email, or by some other manner. You agree that all agreements, notices, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any notice to TelyRx that is required or permitted by these Terms must be in writing and must be sent by email to [email protected] for such notice to be deemed effective.