Terms of Use

IMPORTANT — READ BEFORE USING THE SERVICES

DO NOT USE THE SERVICES IF YOU BELIEVE YOU ARE HAVING A MEDICAL EMERGENCY. IN AN EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. MEDGM AND ITS AFFILIATED PROVIDERS DO NOT PROVIDE EMERGENCY MEDICAL SERVICES.

THESE TERMS OF USE CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A CLASS ACTION AND CLASS ARBITRATION WAIVER, A JURY TRIAL WAIVER, AND A ONE-YEAR CONTRACTUAL LIMITATIONS PERIOD, ALL OF WHICH AFFECT HOW CLAIMS BETWEEN YOU AND MEDGM ARE RESOLVED. SEE SECTION 13. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND MEDGM WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.

These Terms of Use ("Terms") are a legally binding agreement between you and MEDGm, LLC, a Delaware limited liability company, on behalf of itself and its parents, subsidiaries, and affiliates (the "Company," "MEDGm," "we," "us," or "our"), and govern your access to and use of our website, content, and any web-based or mobile application that requires you to create an account in order to use the Services (as defined below) (collectively, the "Site"), together with any products for which the Company provides you access to purchase (collectively, the "Products"). The Site and Products may be referred to collectively as the "Services."

Please read these Terms carefully before accessing or using the Site or Products.

1. General

a. Acceptance of Terms. By accessing or using the Site or Products, or by clicking any button to indicate your consent, you accept and agree to be bound by these Terms as if you had signed them in writing. If you do not agree to these Terms, do not use the Site or any Products.

b. Amendment of Terms. The Company may amend these Terms from time to time in its sole discretion. Unless a delayed effective date is specified, amendments are effective upon posting on medgm.org/terms. Your continued access to or use of the Services after posting constitutes your consent to be bound by the amended Terms. The Company may also modify, suspend, or terminate the Services in whole or in part. The Company is not liable for any such modification, suspension, or termination.

c. Additional Terms. Certain Products or Services may be subject to additional terms, conditions, policies, guidelines, or consents that we post, communicate, or modify from time to time (including the Privacy Policy, Notice of Privacy Practices, Telehealth Consent (including the Consent to Compounded Medication), Cancellation and Refund Policy, and the terms of any promotion or bundle you elect). Your use of any such Product or Service is subject to those additional terms, which are incorporated by reference into these Terms. Any additional, different, or conflicting terms proposed by you in any communication are hereby rejected.

d. Privacy. Our collection, use, and disclosure of personal information is governed by our Privacy Policy and, as applicable, the Notice of Privacy Practices of the Affiliated P.C.s (as defined below), each incorporated by reference.

e. Availability. The Services are available in the fifty (50) U.S. states and the District of Columbia. The Company is based in the United States. The Services are provided for use only by persons located in the United States and are not intended for use outside the United States. Certain Services or medications may not be available in every state. Availability is subject to change at any time without notice. You are responsible for verifying availability in your state before initiating a consultation or purchase.

f. Eligibility. You may only use the Services and purchase Products if you are (i) at least eighteen (18) years of age, (ii) of full legal capacity to enter into a binding contract, (iii) not a person barred from receiving the Services under any applicable law, and (iv) not listed on any U.S. government list of prohibited or restricted parties. By using or submitting information through the Services, you represent that all of the foregoing is true.

2. Your Relationship with the Company

a. The Company operates a technology, administrative, and marketing platform that facilitates access to independent, U.S.-licensed health care providers ("Providers") who are employed by or contracted with one or more independent professional corporations, professional limited liability companies, or professional associations affiliated with the Company (collectively, "MEDGm Affiliated P.C.s"). The Company's role is limited to (i) providing the software, website, and applications through which you interact with Providers, (ii) providing administrative support for scheduling, intake, and payment, (iii) coordinating fulfillment of Provider-issued prescriptions with independent Pharmacy Partners, and (iv) providing non-clinical customer support.

b. The Company itself does not, and does not purport to, engage in the practice of medicine, nursing, pharmacy, mental health, or any other clinical profession, does not employ or control the clinical judgment of any Provider, and does not offer any diagnosis or treatment. ALL INFORMATION PROVIDED ON THIS SITE OR IN CONNECTION WITH ANY COMMUNICATION SUPPORTED BY THE COMPANY IS FOR GENERAL INFORMATION PURPOSES ONLY AND IS IN NO WAY INTENDED TO CREATE A PROVIDER-PATIENT RELATIONSHIP OR TO SUPPLANT OR REPLACE YOUR EXISTING PROVIDER-PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. USE OF THE SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT AND RELIANCE ON ANY INFORMATION PROVIDED BY THE COMPANY IS SOLELY AT YOUR OWN RISK.

c. For the avoidance of doubt, the Company provides administrative, operational, and technology services only. Clinical services (including medical evaluation, diagnosis, treatment decisions, refill decisions, and prescribing) are provided solely by licensed Providers through the MEDGm Affiliated P.C.s. The Company does not practice medicine or pharmacy and does not direct or control clinicians' clinical judgment. Any "care team," "concierge," "patient success," or customer-service personnel made available by the Company are non-clinical support and cannot and do not provide medical advice, diagnosis, dosing guidance, or treatment recommendations. For medical questions, you should contact a licensed Provider through the platform's secure messaging or seek in-person care.

d. The Company is independent from the MEDGm Affiliated P.C.s and from the Providers who deliver telehealth services through them. The Company is not responsible for the acts or omissions of any Provider or MEDGm Affiliated P.C., or for the content of any communication made by them to you.

e. Individual results vary. Neither the Company nor any MEDGm Affiliated P.C. guarantees any particular clinical outcome, any specific amount or rate of weight loss, any specific symptom improvement, or that any prescription will be issued.

f. Consent to Communications by the P.C.s. By using the Services, you consent to communications from the MEDGm Affiliated P.C.s and their Providers regarding your care, including via email, in-Service messaging, telephone, SMS, and voice, at the contact information you provide.

3. Consent to Telehealth Services

a. Telehealth allows Providers to assess, diagnose, treat, and follow up with patients remotely using live video, live audio, and asynchronous store-and-forward technologies (such as intake questionnaires reviewed by a Provider without a live visit), where permitted by law. Telehealth offers potential benefits but also potential risks, including but not limited to technical failures, delays, unauthorized access, incomplete assessment (no in-person physical examination), and missed or delayed diagnoses. Providers will not, and cannot, address medical emergencies via the Services.

b. To use the Services you must consent to receive care via telehealth. Please see the Telehealth Consent, which is incorporated into these Terms by reference and constitutes a part of these Terms.

c. You acknowledge that your Provider may be a physician (MD or DO), a nurse practitioner, a physician assistant, or another licensed clinician, and that the assigned Provider may change over the course of your care. You consent to care from any such licensed Provider.

d. Providers will not prescribe controlled substances scheduled under the federal Controlled Substances Act through the Services except as permitted by federal and applicable state law and only when a Provider determines that prescribing is clinically appropriate and legally compliant.

e. You may withdraw consent to telehealth at any time by notifying us at info@medgm.org. Withdrawal is prospective only and does not affect any care already rendered or any payment obligation already incurred.

4. Consent to Compounded Medication (Where Applicable)

Where a Provider prescribes a compounded medication (including compounded semaglutide, compounded tirzepatide, or other compounded GLP-1 agonists or combinations thereof), you specifically acknowledge and agree to the following, in addition to the Telehealth Consent:

a. Compounded medications are prepared by state-licensed 503A or FDA-registered 503B compounding pharmacies. Compounded medications are not approved by the U.S. Food and Drug Administration ("FDA"). The FDA does not review compounded medications for safety, efficacy, or quality before dispensing.

b. Compounded medications may differ in appearance, color, viscosity, packaging, concentration, excipients, and administration instructions from FDA-approved brand-name products (including Ozempic®, Wegovy®, Mounjaro®, and Zepbound®). Compounded medications are not therapeutically equivalent to, and are not substitutes for, FDA-approved products. Brand names are referenced solely for identification; MEDGm is not affiliated with, endorsed by, sponsored by, or associated with any brand-name manufacturer.

c. You acknowledge that adverse effects — including but not limited to nausea, vomiting, diarrhea, constipation, dehydration, hypoglycemia, gallbladder disease, pancreatitis, kidney injury, allergic reactions, injection-site reactions, thyroid tumors (including the FDA boxed-warning risk of medullary thyroid carcinoma for the drug class), and other serious effects — may occur. You agree to promptly report any adverse effect to your Provider and to seek emergency care where appropriate.

d. You are responsible for reading all labeling and patient information provided with the medication; for storing the medication as directed (including refrigeration where indicated); for using the medication only as prescribed and only for yourself; and for not sharing the medication with any other person. Do not use expired medication. Keep out of reach of children and pets.

e. Under certain federal and state regulations, some medications may be dispensed in packaging that is not child-resistant. You expressly consent to such packaging where legally permitted and assume full responsibility for safe storage.

f. You acknowledge that off-label use is a legally permitted and common medical practice — for example, Ozempic® is FDA-approved for type 2 diabetes and may be prescribed off-label for weight management. Off-label prescribing is not experimental and is made in the Provider's professional judgment.

g. Federal and state law generally prohibit the return of prescription medications once dispensed. Dispensed prescriptions are non-returnable and non-refundable.

h. You authorize the Company, the MEDGm Affiliated P.C.s, and your Provider to transmit your prescription and clinical information to one or more Pharmacy Partners and, where necessary for availability, safety, pricing, or operational reasons and consistent with law, to transfer your prescription among Pharmacy Partners.

5. Membership and Cancellation

a. Enrollment; Program Contents. Your membership with the Company's weight-management program ("Program Membership") begins when you complete the Company's intake form and are charged the initial Program Membership Fee (as defined below). We will subsequently collect additional personal and medical details so that a Provider affiliated with a MEDGm Affiliated P.C. can conduct your consultation and make a treatment decision. The Program may include, subject to Provider approval and medical eligibility:

• access to the MEDGm platform and secure messaging with your Provider;
• consultations with a licensed Provider (after the initial synchronous review, subsequent refill reviews may occur asynchronously unless you request, or the Provider requires based on your reported information, a synchronous visit);
• a prescription for a compounded GLP-1 medication, if the Provider determines you are clinically eligible; and
• shipment of the prescribed medication in the quantities and cadence determined by your Provider.

By enrolling in the Program, you acknowledge and agree that your Program Membership Fee covers both medication shipments and ongoing access to Providers and the MEDGm platform, and that your subscription and charges will continue even if, in a given period, you do not complete a required refill form or do not receive a medication shipment.

The Company is cash-pay only and does not accept, bill, or coordinate benefits with health insurance, Medicare, or Medicaid. The Company does not guarantee that any amounts paid are eligible for reimbursement by insurance, HSA, FSA, or any other benefit account.

If, upon reviewing your intake, your Provider requires additional steps (for example, supplemental medical history, labs, or a synchronous visit) to finalize your enrollment, you agree to complete those steps or your enrollment will not be finalized and you may be disqualified in accordance with the Cancellation and Refund Policy.

In some cases, a Provider may determine that a different formulation, dosage, or product (including a different molecule such as tirzepatide vs. semaglutide) is clinically appropriate for you. Unless you cancel your subscription in accordance with this Section 5, your continued enrollment constitutes your consent to receive the Provider-recommended product, and your subscription and Program Membership Fee charges will continue regardless of the change.

b. Subscription Terms; Program Membership Fee. The Program is offered on a subscription basis. You may enroll in a monthly subscription or in a multi-month bundle (currently: three (3)-month, six (6)-month, or twelve (12)-month bundles). The subscription term you select ("Subscription Term") and the corresponding Program Membership Fee will be as described at checkout. The Program Membership Fee for the entire Subscription Term is billed upfront on the day you enroll in the Program.

Your Payment Method (as defined in Section 5(e)) will be automatically charged for the next Subscription Term's Program Membership Fee on a recurring basis on the renewal date (the day immediately following the end of your current Subscription Term) (the "Renewal Date"), until you cancel. Subsequent billing and/or medication shipments may occur up to ten (10) days before the Renewal Date to prevent gaps in treatment; you expressly consent to such advance billing and shipment.

c. Automatic Renewal — Consumer Notice. IF YOU ENROLL IN A SUBSCRIPTION, YOU EXPRESSLY AUTHORIZE MEDGM (AND ITS PAYMENT PROCESSOR) TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD AT THE END OF EACH SUBSCRIPTION TERM FOR THE THEN-CURRENT SUBSCRIPTION FEE, TOGETHER WITH APPLICABLE TAXES AND CHARGES, UNTIL YOU CANCEL. THE INITIAL AND RECURRING SUBSCRIPTION TERM, THE PROGRAM MEMBERSHIP FEE, AND THE CANCELLATION CUTOFF WILL BE DISCLOSED AT CHECKOUT AND CONFIRMED BY EMAIL. TO AVOID BEING CHARGED FOR A RENEWAL TERM, YOU MUST CANCEL AT LEAST SEVENTY-TWO (72) HOURS BEFORE YOUR RENEWAL DATE BY EMAILING support@medgm.org OR USING THE CANCELLATION FUNCTION IN YOUR MEMBER PORTAL. YOU MAY CANCEL ONLINE AT ANY TIME AND YOUR CANCELLATION WILL BE EFFECTIVE AT THE END OF THE THEN-CURRENT PAID TERM.

d. Price Changes. The Program Membership Fee may change from time to time. You will receive at least thirty (30) days' advance notice of any change, by email to the address on file or by in-Service notification. You may accept the revised Program Membership Fee by continuing your Program Membership into a new Subscription Term, or reject it by cancelling as set out in Section 5(f).

e. Payment for Program Membership Fees. You will need to provide a credit card, debit card, ACH authorization, or other payment method accepted by the Company ("Payment Method"). You expressly authorize the Company to charge to the Payment Method all Program Membership Fees, together with any applicable taxes and charges. You represent and warrant that you are the authorized holder or user of the Payment Method and that you will not dispute lawful charges made by the Company. You agree to notify the Company of any change to your Payment Method. All payments are processed by third-party processors (for example, Stripe); the payment processor's terms and privacy notice govern all financial transactions. The Company does not store full payment card numbers.

If a charge is declined, returned, or reversed (including for insufficient funds or expired card), the Company may (i) suspend the Services, (ii) retry the charge (including via ACH re-presentment consistent with NACHA rules) at any time within thirty (30) days, (iii) charge another Payment Method on file, and (iv) pursue collection of any amount owed.

We may offer third-party installment or "buy now, pay later" financing (for example, Klarna or Afterpay). Financing is a separate contract between you and the financing provider, governed by their terms and privacy practices. The Company does not underwrite, approve, or service the financing, and any dispute regarding approval or repayment is between you and the financing provider.

f. Cancellation. Your Program Membership is for the Subscription Term you elected and paid for upfront and periodically thereafter. You may cancel your Program Membership at any time before the Renewal Date, in which case your membership and access to the Services will continue until the end of the then-current Subscription Term and you will not be charged for the next Subscription Term. To prevent automatic renewal for the next Subscription Term, you must notify the Company of your intent to cancel (non-renew) at least seventy-two (72) hours before the end of the current Subscription Term by (i) using the cancellation function in your member portal, or (ii) emailing support@medgm.org with your full name and the email address associated with your account.

Because the Program Membership Fee is non-refundable (as stated in Section 5(b) above and further governed by the Cancellation and Refund Policy), no refunds, partial or otherwise, will be issued if you cancel before the end of your current Subscription Term. You will continue to receive Services until the end of that paid Subscription Term. You may elect to reinstate your Program Membership by logging into the member portal and electing to reinstate; by doing so you accept and agree to the Terms then in effect.

g. Effect of Cancellation. When you cancel at least seventy-two (72) hours before your Renewal Date, you will not be charged any additional Program Membership Fee for the following Subscription Term. You will receive the Services through the last day of the Subscription Term for which you paid. Thereafter, you will not be eligible to receive Services, including new prescriptions from a Provider affiliated with a MEDGm Affiliated P.C.

h. Chargebacks. You agree to contact us at support@medgm.org before initiating any chargeback so that we may attempt to resolve the dispute. If you initiate a chargeback that the Company reasonably determines is improper (for example, disputes for services rendered, medications dispensed, or subscription fees for a period during which the Services were available), the Company may suspend or terminate your account, pursue collection of the disputed amount and reasonable collection costs, refuse further service, and report the matter to appropriate credit or fraud reporting agencies, in each case to the extent permitted by law.

i. Product Orders. The Company cannot guarantee the availability of any specific Product displayed on the Site. The Company reserves the right to discontinue the sale of any Product listed on the Site at any time without notice. Prices displayed on the Site are quoted in U.S. dollars and are valid only within the United States. Prices do not include sales taxes, which will be added to your total invoice price where applicable. You are responsible for the payment of any state and local sales or use taxes that may apply.

j. Termination for Non-Payment. Your Program Membership will be terminated by the Company if we are unable to bill your Payment Method and you fail to provide an alternative Payment Method within a reasonable time.

k. No Warranty of Continued Availability of the Program. NEITHER THE COMPANY NOR THE MEDGM AFFILIATED P.C.S MAKES ANY REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE CONTINUED AVAILABILITY OF THE PROGRAM. THE PROGRAM MAY BE DISCONTINUED AT ANY TIME AT THE SOLE DISCRETION OF THE COMPANY OR THE APPLICABLE MEDGM AFFILIATED P.C. IF FEASIBLE, YOU WILL BE GIVEN ADVANCE NOTICE OF ANY SUCH DISCONTINUATION SO THAT YOU MAY FIND A LOCAL PROVIDER WITH WHOM TO CONTINUE TREATMENT.

l. Cancellation and Refund Policy. The Company's full Subscription Services Cancellation and Refund Policy is available at medgm.org/refund and is incorporated by reference into these Terms. The Program Membership Fee is billed upfront for the entire Subscription Term and is non-refundable. In summary: (i) if a healthcare provider disqualifies you on medical grounds (a "Medical Disqualification"), you will receive a refund for the portion of your Subscription Term that can no longer be delivered as a result of the disqualification; (ii) for monthly subscriptions, no refund will be issued for the month in which cancellation occurs or for any prior months, and you will continue to receive the Services through the end of the paid month; (iii) for subscriptions charged two or more months at a time (including 3-month, 6-month, and 12-month bundles), no refund, partial or otherwise, will be issued upon voluntary cancellation before the end of the Subscription Term, and you will continue to receive the Services — including remaining monthly medication shipments, subject to your timely completion of the required monthly refill form — through the end of the paid term; (iv) other than as outlined above, in no event will you be issued a refund upon cancellation of the Subscription Services; (v) dispensed prescription medications are non-returnable and non-refundable to the fullest extent permitted by law (federal law generally prohibits pharmacies from accepting returned dispensed medications); and (vi) damaged or incorrect items may be replaced by the applicable Pharmacy Partner upon evidence of damage or receipt of the incorrect item, and such replacement does not constitute a cancellation or entitle you to a monetary refund.

6. Accuracy and Security Obligations

a. Security. You are responsible for your access to and use of the Services, including all financial transactions and communications from your account. You agree to immediately notify the Company of any breach of security that may occur through your access to or use of the Services and to prevent its further occurrence. If you become aware that someone may be impersonating or attempting to impersonate you in using the Services, you should contact us immediately.

b. Accuracy of Personal and Medical Information. You represent and warrant that all personal and medical information you provide to the Company or to any MEDGm Affiliated P.C. through the Site is current, accurate, complete, and truthful, including initial or updated registration information such as legal name, mailing address, email, phone number, date of birth, height, weight, medical history, current medications, allergies, biometrics, and payment method information. You further represent and warrant that you are an authorized account holder of any financial account you provide to the Company. You acknowledge that Providers rely on the accuracy of this information to prescribe safely. Providing false, incomplete, or misleading information may result in denial of service, termination of your account, void of applicable refund entitlements, referral to pharmacy or health authorities where required by law, and civil liability.

c. One Account per Person; No Sharing. You may not create or maintain more than one account. You may not share your account credentials, allow another person to use your account, or use any account belonging to another person. Prescriptions are personal to the User for whom they are issued and may not be shared, transferred, sold, or used by any other individual.

7. Use of the Services

a. Our Content. The Services are owned and operated by the Company and its licensors. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software, and any music, images, video, text, services, and all other material or elements of or available through the Site ("Content") are protected by the copyright, trade dress, patent, and trademark laws of the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Content is the copyrighted property of the Company or its third-party licensors. Any trademarks, service marks, and trade names, whether registered or unregistered, are proprietary to the Company or its third-party licensors and may not be used in connection with any product or service or in any manner likely to cause confusion. Except as expressly authorized, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content, and you may only access the Content for your personal, non-commercial use. If Content is downloaded to your device, you do not obtain any ownership interest in such Content. All rights not expressly granted are reserved by the Company.

b. AI-Generated Content Disclosure. Certain content on the Services (including some images, videos, illustrations, product mockups, background copy, and lifestyle imagery) may be created, enhanced, or assisted using artificial intelligence tools. Such content is intended for illustrative or aesthetic purposes and does not represent any specific individual, patient, or specific clinical outcome unless expressly labeled otherwise.

c. Testimonials and Endorsements Disclosure. In compliance with the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255), testimonials on the Services reflect the experiences of the specific individuals depicted; results are not typical; and individual experiences vary. Where a testimonial provider received any compensation, discount, free product, or other consideration, that fact is disclosed adjacent to the testimonial.

d. User Submissions; Feedback License. If you submit or transmit to the Company any suggestion, idea, testimonial, review, photograph, video, or other content ("User Submission") — other than Protected Health Information and confidential information, which are handled per the Privacy Policy and applicable HIPAA obligations — you grant the Company and its affiliates a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sublicensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display such User Submission in any media now known or later developed, without further notice, consent, credit, or compensation. You represent and warrant that you own or have all necessary rights to grant this license and that the User Submission does not infringe or violate any third-party right. The Company may edit User Submissions for length or clarity and may display them in whole or in part.

e. Electronic Communications. You expressly consent to receipt of electronic communications from the Company and the MEDGm Affiliated P.C.s through posts on the Services and via the phone number and email you provided. All agreements, notices, disclosures, authorizations, verifications, confirmations, or other electronic communications the Company provides according to this paragraph satisfy any legal requirement for written communication under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN, 15 U.S.C. §7001 et seq.), the Uniform Electronic Transactions Act (UETA), and any equivalent state law. Your click, tap, or other affirmative acceptance electronically constitutes your legal signature. No third-party verification or certificate authority is required.

You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. To access and retain electronic communications, you must have a device with internet access, a current web browser, a working email address, and the ability to view PDF files. You may withdraw consent to electronic communications by notifying info@medgm.org; withdrawal may terminate or limit your ability to use the Services.

f. Text Messaging Program. By providing your mobile telephone number to MEDGm and opting in to the Company's text messaging program, you consent to receive recurring automated promotional, transactional, and account-related text (SMS/MMS) messages from the Company and the MEDGm Affiliated P.C.s, including messages relating to your Program Membership, refills, shipments, billing, appointment reminders, clinical follow-up, patient satisfaction, and customer support, sent to the mobile number you provided. Consent to receive automated text messages is not a condition of purchasing any goods or services. Message frequency may vary. Message and data rates may apply. To stop receiving text messages from the Company at any time, reply STOP to any message you receive from us, or text STOP to unsubscribe. After you send STOP, we may send you a single confirmation message acknowledging your opt-out request. For help or more information, reply HELP to any message, text HELP, or contact our customer support team at info@medgm.org. Carriers (including wireless carriers) are not liable for delayed or undelivered messages. For information about how the Company collects, uses, and discloses your information, please review our Privacy Policy.

g. Call Recording. You acknowledge and agree that the Company may record, monitor, or transcribe telephone or video calls with our customer support or care team for training, quality assurance, compliance, and dispute-resolution purposes to the extent permitted by law.

h. Voicemail; Confidentiality. If you provide a telephone number, you consent to the Company and Providers leaving voicemails or messages at that number, including messages that may reference your name and general purpose of the call. You are responsible for ensuring that the number is one at which you can privately receive such messages.

8. Prohibited Conduct

Without limiting the prohibitions and restrictions elsewhere in these Terms, you agree not to:

a. harass, threaten, stalk, disrupt, or defraud users, members, or staff of the Company or the MEDGm Affiliated P.C.s or any other person, or otherwise create or contribute to an unsafe, harassing, threatening, or disruptive environment;

b. act in a deceptive or fraudulent manner, including by impersonating another person or misrepresenting your identity, affiliation, or intake information;

c. obtain, or attempt to obtain, a prescription for anyone other than yourself, or share, sell, resell, transfer, or divert any medication obtained through the Services;

d. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes, or otherwise exploit any portion of the Services;

e. misrepresent the source, identity, or content of information transmitted via the Site, including by deleting copyright or other proprietary rights or notices;

f. upload material (i.e., viruses, worms, ransomware) that is damaging to computer systems or data of the Company or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment;

g. upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, or otherwise make available to others;

h. upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;

i. decompile, reverse engineer, or disassemble the Site, in whole or in part, except as may be permitted by applicable law;

j. link to, mirror, or frame any portion of the Site;

k. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data-mining any portion of the Site, or unduly burden or hinder the operation of the Site;

l. attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks or interfere with the proper working of the Site;

m. make unsolicited offers, advertisements, proposals, or send junk mail or "spam" to users;

n. remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Site or any features that prevent or restrict use or copying of any content or that enforce limitations on the use of the Site;

o. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;

p. modify or use modified versions of the Site, including for the purpose of obtaining unauthorized access;

q. use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers;

r. use a jailbroken, rooted, or otherwise modified device to access the Services, which may undermine security features intended to protect Protected Health Information ("PHI") and shall constitute a material breach of these Terms; or

s. use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms.

The Company reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion.

9. Third-Party Sites and Services

The Site may include links to or integrations with other websites, applications, or services ("Linked Sites"), including without limitation those of Pharmacy Partners, laboratories, payment processors, and financing providers, solely as a convenience to users. The Company does not endorse any Linked Sites or the information, material, products, or services contained on or accessible through them, and the Company makes no express or implied warranties regarding Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, CONTENT, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK. We strongly encourage you to review the separate terms of use and privacy notices governing any Linked Sites.

10. Data Retention; PHI

a. Retention. The Company may retain your information for (i) as long as it believes necessary; (ii) as long as necessary to comply with legal, regulatory, tax, accounting, or reporting obligations (including state-law medical-record retention requirements applicable to the MEDGm Affiliated P.C.s), resolve disputes, and enforce agreements; or (iii) as long as needed to provide the Services. The Company may dispose of or delete such information at any time, except as required by law or by another agreement. The Company may de-identify, aggregate, or anonymize your information and retain such de-identified data indefinitely for research, product improvement, and business purposes to the extent permitted by law.

b. PHI. The Company is not itself a HIPAA "Covered Entity." However, to the extent the Company receives or maintains PHI (as defined at 45 C.F.R. §160.103) on behalf of the MEDGm Affiliated P.C.s, the Company acts as a HIPAA "Business Associate" and will comply with applicable HIPAA obligations. The MEDGm Affiliated P.C.s and Providers are Covered Entities and their Notice of Privacy Practices governs the use and disclosure of your PHI. By using the Services, you acknowledge receipt of the applicable Notice of Privacy Practices.

c. Consent to Disclosure. You expressly consent to the Company's transmission of your information (including PHI) to the MEDGm Affiliated P.C.s, Providers, Pharmacy Partners, laboratories, diagnostic companies, payment processors, shipping carriers, and other service providers as necessary to provide the Services.

d. Communication Risk. You acknowledge that any communication of PHI via unencrypted email, SMS, or voice presents a risk of unauthorized access or disclosure and that you accept that risk when you choose to receive communications through those channels.

11. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS, AND SERVICE PROVIDERS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES, JUDGMENTS, AWARDS, PENALTIES, FINES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES AND EXPERT-WITNESS FEES), RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM (A) YOUR ACCESS TO OR USE OF THE SERVICES; (B) YOUR VIOLATION OF THESE TERMS OR ANY INCORPORATED POLICY OR CONSENT; (C) YOUR VIOLATION OF ANY LAW OR ANY THIRD-PARTY RIGHT (INCLUDING INTELLECTUAL PROPERTY, PUBLICITY, OR PRIVACY RIGHTS); (D) ANY USER SUBMISSION YOU PROVIDE; (E) YOUR PROVISION OF INACCURATE, INCOMPLETE, OR FALSE INFORMATION (INCLUDING INTAKE INFORMATION); (F) ANY MEDICAL, PRODUCT-LIABILITY, OR PERSONAL-INJURY CLAIM ARISING FROM A PROVIDER'S DIAGNOSIS, TREATMENT, PRESCRIPTION, OR MEDICATION DISPENSED TO YOU; AND (G) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT. THE COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH CASE YOU AGREE TO COOPERATE WITH THE COMPANY'S DEFENSE. YOU SHALL NOT SETTLE ANY INDEMNIFIED CLAIM WITHOUT THE COMPANY'S PRIOR WRITTEN CONSENT.

12. Disclaimer of Warranties; Limitation of Liability

a. THE COMPANY IS NOT A PROVIDER OF MEDICAL TREATMENT, AND THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT: (i) THE SERVICES DO NOT CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE, DIAGNOSES, OR OPINIONS; AND (ii) THE SERVICES ARE NOT INTENDED TO REPLACE OR BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING YOUR MEDICAL OR OTHER HEALTH CONDITION.

b. YOU ARE ACCESSING THE SERVICES ON AN "AS IS," "WHERE IS," AND "AS AVAILABLE" BASIS. THE COMPANY IS NOT RESPONSIBLE FOR PROBLEMS ARISING FROM, OR INADEQUACIES IN THE CONTENT OF, THE SERVICES OR ANY PARTICULAR FEATURES OR SERVICES OFFERED. THE COMPANY DOES NOT REPRESENT OR WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION, MATERIALS, AND SERVICES ON THE SERVICES OR THE ERROR-FREE USE OF THE SERVICES. THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM ACCESS TO OR USE OF THE SERVICES. THE COMPANY IS PROVIDING THE SERVICES WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM A COMPUTER VIRUS. NEITHER THE COMPANY NOR ANY MEDGM AFFILIATED P.C. WARRANTS THAT ANY DIAGNOSIS, TREATMENT, PRESCRIPTION, MEDICATION, PROTOCOL, OR CLINICAL OUTCOME WILL ACHIEVE ANY PARTICULAR RESULT, WILL BE EFFECTIVE, OR WILL AVOID ADVERSE EFFECTS. YOUR CONDITION MAY NOT IMPROVE AND MAY WORSEN. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THOSE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

c. For California Residents. IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 AND HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO ANY RELEASE.

d. Limitation of Liability — Damages Excluded. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY DAMAGES FOR LOST PROFITS, LOST DATA, LOST GOODWILL, LOSS OF USE, OR PERSONAL INJURY OR EMOTIONAL DISTRESS ARISING FROM A PROVIDER'S DIAGNOSIS, TREATMENT, PRESCRIPTION, OR MEDICATION (WHICH ARE THE RESPONSIBILITY OF THE PROVIDER AND MEDGM AFFILIATED P.C., NOT THE COMPANY), OR ARISING FROM ANY ACT OR OMISSION OF A PHARMACY PARTNER, LABORATORY, CARRIER, OR PAYMENT PROCESSOR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

e. Aggregate Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF (i) ONE HUNDRED U.S. DOLLARS (US$100), OR (ii) THE TOTAL AMOUNTS YOU ACTUALLY PAID TO THE COMPANY UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

f. Basis of the Bargain. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION 12 ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY WOULD NOT PROVIDE THE SERVICES ABSENT THESE DISCLAIMERS AND LIMITATIONS.

13. Dispute Resolution — Informal Notice, Binding Individual Arbitration, Class Action and Jury Trial Waivers, Mass Arbitration Procedures

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO RESOLVE DISPUTES WITH MEDGM THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

We endeavor to resolve customer concerns as quickly as possible. Please contact the Company at support@medgm.org to try to resolve any dispute informally before invoking these procedures.

a. Scope. Any dispute, claim, or controversy between you and the Company (including any MEDGm Affiliated P.C., MEDGm Party, Pharmacy Partner, or other person subject to third-party beneficiary rights under Section 15(c)) that arises from or relates in any way to these Terms (including any alleged breach), the Services, any marketing communication, any Product, any prescription, any medication, any refund, any subscription, any Payment Method dispute, or the Company's relationship with you (collectively, a "Dispute") shall be exclusively resolved as set forth in this Section 13. "Dispute" shall be given the broadest possible meaning and includes federal, state, common-law, statutory, tort, and contract claims, and claims that arose before you accepted these Terms (or any prior version).

b. Exceptions. The following are not subject to arbitration: (i) either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations; (ii) either party may bring an individual action in small-claims court that has jurisdiction over the claim, provided the action remains in that court; and (iii) nothing precludes you from filing a complaint with a federal, state, or local agency.

c. Mandatory Informal Dispute Resolution (Notice of Dispute). Before initiating arbitration or a small-claims action, the party asserting a Dispute must send a written Notice of Dispute ("Notice") to the other party. A Notice from you to the Company must be sent to legal@medgm.org (subject line: "Notice of Dispute") and must include (i) your full name, current mailing address, email, and telephone number; (ii) the email and phone number associated with your MEDGm account; (iii) sufficient information to identify the transaction(s) at issue; (iv) a description of the nature and basis of the Dispute; and (v) the specific relief sought, including a good-faith calculation of any claimed damages. The Notice must be individualized and concern only your own Dispute. If the Company believes a Notice is missing required information, the Company will identify the missing information within fourteen (14) days of receipt; if you supply the missing information within thirty (30) days of that identification, the Notice will be deemed complete as of the Company's initial receipt.

After receipt of a complete Notice, the parties will engage in good-faith settlement discussions for at least thirty (30) days. Either party may request a telephone or video settlement conference within that period, and both parties agree to participate personally (with counsel, if represented). Compliance with this Section 13(c) is a condition precedent to initiating arbitration. Neither party may commence arbitration unless and until the 30-day period has expired without resolution. Applicable statutes of limitations and filing deadlines are tolled during the informal-resolution period. A court of competent jurisdiction shall have authority to enforce this Section 13(c), including by staying or enjoining any arbitration filed without compliance and enjoining the assessment or collection of arbitration fees associated with non-compliant filings.

d. Binding Individual Arbitration. If a Dispute is not resolved through the process in Section 13(c), the Dispute shall be resolved exclusively by binding individual arbitration administered by JAMS pursuant to the JAMS Streamlined Arbitration Rules & Procedures for claims under US$250,000 and pursuant to the JAMS Comprehensive Arbitration Rules & Procedures for larger claims (collectively, the "JAMS Rules"), as modified by this Section 13. The JAMS Rules are available at www.jamsadr.com or by calling JAMS at 800-352-5267. You may obtain a form to initiate arbitration at https://www.jamsadr.com/submit. If JAMS is unavailable, the parties will select an alternative neutral arbitration provider. The arbitration shall be conducted in English before a single arbitrator. The seat of arbitration is Kent County, Delaware. Hearings will be conducted by teleconference or videoconference unless the arbitrator determines, upon your or our request, that an in-person hearing is appropriate; any in-person hearing will be held in Kent County, Delaware. Any judgment on the award may be entered in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court determines that applicable law precludes enforcement of any limitation in this Section 13 on a claim for non-individualized public injunctive relief, then such claim (and only that claim) shall be severed from the arbitration and brought in a court of competent jurisdiction in Kent County, Delaware after all other arbitrable claims are arbitrated.

For the avoidance of doubt, this arbitration agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act (9 U.S.C. §§ 1–16) governs its interpretation and enforcement. This Section 13 shall survive termination of these Terms and of your account.

e. Arbitration Fees. Where the JAMS Consumer Arbitration Minimum Standards of Procedural Fairness ("Consumer Minimum Standards") apply and you initiate arbitration, you will pay no more than the consumer filing fee specified in the Consumer Minimum Standards, and the Company will pay all other JAMS filing, case-management, and arbitrator fees required by those standards (subject to any fee-shifting permitted by law or an arbitrator's award for frivolous or improper claims). If the Company initiates arbitration against you, the Company will pay the costs of arbitration consistent with the Consumer Minimum Standards. Each party will bear its own attorneys' fees unless a fee-shifting statute or arbitrator award provides otherwise. If, after any available fee-waiver process, the arbitrator determines that arbitration fees would be cost-prohibitive for you as compared to litigation in court, the Company will pay the arbitration fees to the extent necessary to prevent the arbitration from being cost-prohibitive.

f. Delegation. The parties agree that the arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, scope, or formation of this Section 13, including any claim that all or any part of this Section 13 is void or voidable. This is intended to be a clear and unmistakable delegation of arbitrability to the arbitrator. Notwithstanding the foregoing, a court of competent jurisdiction may decide (i) whether the pre-arbitration procedures in Section 13(c) have been satisfied, (ii) whether the class-action waiver in Section 13(g) is enforceable, and (iii) whether the Mass Arbitration procedures in Section 13(i) apply, and may enforce those provisions, including by staying arbitrations or enjoining the assessment of arbitration fees inconsistent with them.

g. Class Action and Representative Action Waiver. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. If a decision is issued stating that applicable law precludes enforcement of any of this subsection's limitations as to a given claim for relief, then that claim (and only that claim) shall be severed from the arbitration and brought in a state or federal court located in Kent County, Delaware. All other claims shall be arbitrated.

h. Jury Trial Waiver. YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND TO HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and the Company are instead electing that all claims and disputes shall be resolved by arbitration under these Terms, except as expressly provided otherwise. An arbitrator can award, on an individual basis, the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

i. Additional Procedures for Mass Arbitration. If, at any time, twenty-five (25) or more claimants (including you) submit Notices or seek to file demands for arbitration ("Demands") asserting substantially similar claims against the Company or its related entities, where such Demands are filed by the same or coordinated counsel and arise out of substantially similar facts and legal theories (a "Mass Arbitration"), you and the Company agree that the additional procedures set forth in this Section 13(i) shall apply, and that the JAMS Mass Arbitration Procedures and Guidelines and the JAMS Mass Arbitration Procedures Fee Schedule shall apply, with twenty-five (25) as the number of similar Demands required to constitute a "Mass Arbitration." Throughout the process, counsel for both sides shall meet and confer to discuss modifications based on the particular needs of the Mass Arbitration. Any applicable limitations period and any filing-fee deadlines shall be tolled from the date of a compliant Notice under Section 13(c) until the claim is selected in a staged process, resolved, withdrawn, or opted out of arbitration.

Stage One. Counsel for the claimants and counsel for the Company shall each select twenty-five (25) claims per side (fifty (50) claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed on them, unless and until they are selected to be filed in individual arbitration proceedings. After Stage One, the parties shall promptly engage in a global mediation of all remaining claims with a retired federal or state court judge; the Company shall pay the mediator's fee.

Stage Two. If remaining claims are not resolved, counsel for the claimants and counsel for the Company shall each select fifty (50) claims per side (one hundred (100) claims total) to proceed in individual arbitrations. After Stage Two, the parties shall promptly engage in a second global mediation; the Company shall pay the mediator's fee.

Stage Three. If remaining claims are not resolved, counsel for the claimants and counsel for the Company shall each select one hundred (100) claims per side (two hundred (200) claims total) to proceed in individual arbitrations. Following Stage Three, counsel for claimants may elect a final global mediation.

Option to Opt into Court. If a claim remains unresolved after Stage Three, that individual claimant may opt out of arbitration by delivering a personally signed notice to legal@medgm.org within thirty (30) days after conclusion of Stage Three or the elective mediation associated with Stage Three; the Company may similarly opt any such individual claim into court by sending a personally signed notice to your counsel within fourteen (14) days after the expiration of your 30-day opt-out period. Any claim so opted into court shall be brought in Kent County, Delaware in accordance with Section 15(b). Counsel for the parties may agree in writing to adjust these deadlines.

Continuing Arbitration. If neither you nor the Company elects to have your claim heard in court under the option above, then your claim will be resolved as part of continuing, staged individual arbitration proceedings. Assuming the number of remaining claims exceeds two hundred (200), then two hundred (200) claims shall be randomly selected (or selected through a process agreed to by counsel) to be filed and proceed in individual arbitrations. If the number of remaining claims is fewer than 200, all shall be filed and proceed. Any remaining claims shall not be filed or deemed filed, and no arbitration fees shall be assessed on them, unless and until selected. After each set is adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat.

A court of competent jurisdiction shall have authority to enforce this Section 13(i) and, if necessary, to enjoin the Mass Arbitration, prosecution, or administration of arbitrations and the assessment of arbitration fees. If any portion of this Section 13(i) is held unenforceable, the parties agree that the remainder shall be enforced to the fullest extent permitted by law, and the Demands shall proceed as individual arbitrations under the JAMS Rules. Each Demand in a Mass Arbitration is an individual dispute between the claimant and the Company; no arbitration ruling, award, or decision will have precedential, preclusive, or binding effect in any other arbitration.

j. Certification of Compliance. The party initiating any arbitration must submit a certification, personally signed by that party (and by counsel, if represented), that (i) the party has complied with Section 13(c), (ii) the party is a party to this arbitration agreement, and (iii) the claim, defense, or relief sought complies with Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions under the JAMS Rules, FRCP 11, or applicable law.

k. One-Year Contractual Limitations Period. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. This provision does not apply where prohibited by applicable law, including claims for personal injury based on a Provider's medical care brought against the applicable Provider or MEDGm Affiliated P.C., which are governed by applicable state statutes of limitations for medical malpractice.

l. Your Right to Opt Out of Arbitration. You may opt out of this Section 13 within thirty (30) days of the date you first affirmatively accept these Terms (for example, by creating an account or completing a purchase where you are presented with and agree to these Terms). To opt out, send a personally signed, individualized written notice to legal@medgm.org (subject line: "Arbitration Opt-Out") including your full name, mailing address, the email and phone number associated with your account, and a clear statement that you want to opt out of this arbitration agreement. Opt-out notices sent by an agent, attorney, or other representative purporting to act on your behalf are ineffective. Opting out will not adversely affect your relationship with the Company or your use of the Services. If you timely opt out, disputes will be resolved in the courts described in Section 15(b).

m. Company Parties as Beneficiaries. For purposes of this Section 13, "Company Parties" means the Company's parents, subsidiaries, affiliates, predecessors, successors, assigns, and each of their respective officers, directors, employees, agents, representatives, contractors, and service providers, together with the MEDGm Affiliated P.C.s, their Providers, and the Pharmacy Partners. You and the Company agree that this Section 13, including the class and jury waivers, is intended to benefit and be enforceable by the Company Parties, who are express third-party beneficiaries.

14. Force Majeure

Neither party is liable for any failure or delay in performance (except for payment obligations) caused by acts or events beyond its reasonable control, including without limitation acts of God, fire, flood, earthquake, hurricane, epidemic or pandemic, war, terrorism, civil unrest, labor disturbance, cyberattack, internet or telecommunications failure, power outage, embargo, sanctions, government or court order, change in law, or shortages of supplies, materials, or medications (including compounded medications).

15. Miscellaneous

a. Waiver and Severability. To the extent a court of competent jurisdiction determines any part of these Terms to be invalid or unenforceable, that part will be modified by the court solely to the extent necessary to make it enforceable, and the remainder of these Terms will remain in full force and effect. The Company's failure to exercise or enforce any legal right or remedy in these Terms or any applicable law does not constitute a waiver of its right to do so later.

b. Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of Delaware, without regard to conflict-of-laws provisions, consistent with the Federal Arbitration Act (to the extent permitted by applicable law). If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States), the dispute shall be exclusively brought in the state or federal courts located in Kent County, Delaware, and each party consents to the exclusive personal jurisdiction and venue of those courts and waives any objection based on forum non conveniens.

c. No Third-Party Beneficiaries (Except as Stated). These Terms are for the benefit of you and the Company only. The Company Parties (as defined in Section 13(m)), the MEDGm Affiliated P.C.s and Providers, and the Pharmacy Partners are express third-party beneficiaries of, and are entitled to enforce, Sections 2, 3, 4, 10, 11, 12, and 13.

d. Assignment. The Company may assign its rights and obligations under these Terms. These Terms will inure to the benefit of the Company's successors, assigns, and licensees. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under these Terms, nor delegate your duties, to any other person without the Company's prior written consent. Any purported assignment without consent is void and constitutes a breach of these Terms.

e. Notices. Notices to you may be sent to the email address on file or posted on the Services. Notices to the Company must be sent to info@medgm.org for general matters and to legal@medgm.org for legal notices (including any Notice of Dispute or Arbitration Opt-Out under Section 13). Legal notices may also be sent to the Company at its registered office: MEDGm, LLC, 8 The Green, Suite R, Dover, DE 19901.

f. Independent Contractors; No Agency. The Company, the MEDGm Affiliated P.C.s, the Providers, and the Pharmacy Partners are independent entities. Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company, or among the Company, any MEDGm Affiliated P.C., any Provider, or any Pharmacy Partner.

g. Order of Precedence. In the event of a conflict between these Terms and any Additional Terms (as described in Section 1(c)), the Additional Terms control with respect to the specific Product or Service they govern. In the event of a conflict between these Terms and any oral or written communication from a customer-support representative, these Terms control.

h. Headings; Interpretation. Headings are for convenience only and do not affect interpretation. These Terms shall be construed as if drafted jointly by the parties; no rule of construction against the drafter shall apply. "Including" and "such as" are illustrative, not limiting.

i. Survival. Sections 1(b), 2, 3, 4, 5(e), 5(h), 5(k), 5(l), 6, 7(a), 7(b), 7(c), 7(d), 7(e), 8, 9, 10, 11, 12, 13, 14, and 15, and any other provision that by its nature should survive, shall survive termination of these Terms and your account.

j. Entire Agreement. These Terms, together with the Privacy Policy, Notice of Privacy Practices, Telehealth Consent (including the Consent to Compounded Medication, where applicable), Cancellation and Refund Policy, and any Additional Terms, constitute the entire agreement between you and the Company regarding the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the subject matter.

16. State-Specific Notices

a. California Consumer Rights Notice (Cal. Civ. Code §1789.3). Under California Civil Code §1789.3, California users are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

b. California Automatic Renewal Law (Bus. & Prof. Code §17600 et seq.). If you enrolled in an automatically renewing subscription while a California resident, the disclosures in Section 5(c) are provided in accordance with California's Automatic Renewal Law. You may cancel at any time as described in Section 5(f), and cancel online via your member portal.

c. New Jersey Residents. Nothing in these Terms shall limit the Company's liability for damages arising from the Company's own willful, wanton, or grossly negligent acts, or from the Company's violation of any duty imposed by New Jersey law that may not be waived by contract.

d. Other States. Nothing in these Terms is intended to disclaim any liability, warranty, or right that cannot be lawfully disclaimed under the law of your state of residence.

State Coverage

Currently offering services in all 50 states plus Washington, D.C. Some services may not be available in all 50 states or Washington, D.C. Subject to change.

Additional Disclaimers

• The initial online assessment does not create a provider-patient relationship between you and MEDGm.
• Compounded GLP-1 medications are not FDA-approved and have not been evaluated by the FDA for safety, efficacy, or quality. See Section 4 for the full risk disclosures.
• Compounded medications are produced in state-licensed 503A or FDA-registered 503B compounding facilities. Product appearance, packaging, and administration instructions may differ from those of brand-name products.
• Wegovy® and Zepbound® are FDA-approved for weight management. Ozempic® is FDA-approved for the treatment of type 2 diabetes and may be prescribed off-label for weight loss in the Provider's professional judgment. Brand names are used for identification only and are the property of their respective owners; MEDGm is not affiliated with, endorsed by, or sponsored by any brand-name manufacturer.
• All claims and benefits described on the Services refer to self-reported data from MEDGm clients on a treatment plan that includes compounded GLP-1 medications and consultations with clinical professionals on a treatment plan. Individual results vary and are not guaranteed.
• Certain materials on the Services, including text, images, and other media, may be generated or enhanced using artificial-intelligence technologies.
• Testimonials on the Services reflect the experiences of the specific individuals depicted and are not representative of typical results.
• Providers affiliated with MEDGm Affiliated P.C.s follow clinical protocols designed for patient safety and apply eligibility criteria to determine whether an individual qualifies for GLP-1 treatment. A clinical professional will evaluate you after payment to determine whether you qualify for a prescription. If you are determined ineligible for medical reasons, the Cancellation and Refund Policy governs any applicable refund.

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