Terms of Service
Contents
- Who we are
- Eligibility
- The Services
- No medical advice
- Providers & pharmacies
- Compounded medications
- Your account
- Subscriptions & auto-renewal
- Payments & pre-authorization
- Shipping & delivery
- Returns & refunds
- Acceptable use
- Intellectual property
- Third-party services
- Disclaimer of warranties
- Limitation of liability
- Indemnification
- Dispute resolution & arbitration
- Governing law
- Changes to these Terms
- Contact us
1. Who we are
EmberRx LLC ("EmberRx," "we," "us," or "our") operates this website and the EmberRx platform (the "Services"). These Terms of Service ("Terms") form a binding agreement between you and EmberRx.
EmberRx is a technology platform. EmberRx is not a medical practice, a pharmacy, or an insurer, and EmberRx does not practice medicine or provide medical services. We provide technology that connects you with independent, licensed healthcare providers and with state-licensed pharmacies that dispense and fulfill prescriptions. Clinical decisions are made solely by the licensed provider who evaluates you, in their independent professional judgment.
By accessing or using the Services, you agree to these Terms and to our Privacy Policy and Telehealth Consent. If you do not agree, do not use the Services.
2. Eligibility
To use the Services you must:
- Be at least 18 years of age;
- Be physically located in the United States, in a state where our affiliated providers are licensed and where the Services are offered;
- Have the legal capacity to enter into a binding contract; and
- Provide accurate, current, and complete information about yourself and your medical history.
The Services are intended for U.S. residents only and are not directed to individuals outside the United States. Availability varies by state and may change at any time.
3. The Services
The Services allow you to submit health information for review, be evaluated by a licensed provider through telehealth, and — if that provider determines treatment is clinically appropriate — receive a prescription that may be filled and shipped by a licensed pharmacy.
Submitting information, completing an intake, or providing a payment method does not create a doctor-patient relationship, does not guarantee that you will be prescribed any medication, and does not guarantee any particular outcome. A provider may decline to prescribe, may request additional information or laboratory testing, or may recommend that you seek in-person care.
4. No medical advice
Content on this website — including descriptions of protocols, ingredients, research summaries, and educational material — is provided for general informational purposes only and does not constitute medical advice, diagnosis, or treatment. It is not a substitute for consultation with a qualified healthcare professional.
5. Providers & pharmacies
Healthcare providers accessible through the Services are independent professionals or professional entities. They are not employed by EmberRx, and EmberRx does not control, direct, or interfere with their clinical judgment. Likewise, pharmacies that prepare and dispense medications are independently licensed and separately responsible for compounding, dispensing, labeling, and shipping.
Your relationship for clinical care is with the treating provider. Your relationship for dispensing is with the pharmacy. EmberRx is responsible only for the technology platform and related non-clinical support services.
6. Compounded medications
Certain products available through the Services are compounded medications prepared by state-licensed compounding pharmacies to meet the needs of an individual patient.
Product packaging, appearance, and presentation may vary between pharmacies and between fills. Individual results vary and are not guaranteed.
7. Your account
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly at support@emberrx.co if you suspect unauthorized use. You agree not to share your account, and you acknowledge that sharing prescription medication with another person is unsafe and unlawful.
8. Subscriptions & auto-renewal
Certain Services are offered on a recurring subscription basis. By enrolling, you authorize EmberRx and its payment processors to charge your payment method on a recurring basis according to the subscription term you selected at checkout, until you cancel.
- Your subscription renews automatically at the end of each term.
- To avoid being charged for the next term, you must cancel at least 48 hours before your renewal date.
- You may cancel through your patient portal or by contacting support@emberrx.co.
- Cancellation stops future renewals. It does not retroactively refund charges already processed or medications already dispensed or shipped.
We may change subscription pricing on a prospective basis. We will provide notice before a price change takes effect, and you may cancel before renewal if you do not accept the new price.
9. Payments & pre-authorization
When you check out, your payment method is securely pre-authorized for the amount shown. You are charged only if a licensed provider reviews your medical information and determines that treatment is appropriate and issues a prescription. If no prescription is issued, the pre-authorization is released and you are not charged. Depending on your bank, a released authorization may take several business days to clear from your statement.
You represent that you are authorized to use the payment method you provide. Applicable taxes and shipping charges, if any, are shown at checkout.
10. Shipping & delivery
Prescriptions are shipped by the dispensing pharmacy to the address you provide. Delivery timeframes are estimates, not guarantees, and may be affected by clinical review, pharmacy processing, carrier delays, weather, or temperature-control requirements. You are responsible for providing an accurate, secure shipping address and for promptly retrieving temperature-sensitive shipments.
Risk of loss passes on delivery to the carrier. If a shipment arrives damaged, or does not arrive, contact support@emberrx.co promptly so we can help coordinate with the pharmacy and carrier.
11. Returns & refunds
Prescription medications cannot be returned, resold, or reused once dispensed. Federal and state law prohibits pharmacies from accepting returned prescription drugs for redispensing. Accordingly, dispensed prescriptions are non-refundable except where required by law or where the pharmacy made a dispensing error.
If you believe you received an incorrect, damaged, or defective product, contact support@emberrx.co as soon as possible and we will work with the pharmacy to resolve it. Consultation and membership fees, where charged, are non-refundable once clinical review has occurred.
12. Acceptable use
You agree not to:
- Provide false, misleading, or incomplete medical or identity information;
- Use the Services on behalf of another person, or seek medication for anyone other than yourself;
- Resell, divert, or redistribute any medication obtained through the Services;
- Attempt to obtain medication from multiple sources in a manner intended to evade clinical oversight;
- Interfere with, disrupt, probe, or reverse engineer the Services, or attempt to gain unauthorized access to any system or account;
- Use the Services for any unlawful purpose or in violation of any applicable law.
We may suspend or terminate access to the Services at any time for violation of these Terms, for suspected fraud, or where continued access presents a safety or legal risk.
13. Intellectual property
The Services, including all text, graphics, logos, trademarks, layouts, and software, are owned by EmberRx or its licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your own personal, non-commercial use. All rights not expressly granted are reserved.
14. Third-party services
The Services rely on third parties, including telehealth infrastructure, pharmacies, laboratories, payment processors, and shipping carriers. Third-party sites and services are governed by their own terms and privacy practices. We are not responsible for the content, products, or practices of third parties.
15. Disclaimer of warranties
To the fullest extent permitted by law, the Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.
We do not warrant that the Services will be uninterrupted, secure, or error-free, that any particular provider will be available, that you will be prescribed any medication, or that any treatment will produce any particular result.
16. Limitation of liability
To the fullest extent permitted by law, EmberRx and its officers, members, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or loss of goodwill, arising out of or relating to your use of the Services, regardless of the theory of liability and even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Services will not exceed the greater of (a) the total amount you paid to EmberRx in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
Nothing in these Terms limits liability for the independent professional acts or omissions of a treating provider or a dispensing pharmacy, which are the responsibility of those independent parties, nor does anything here limit any liability that cannot be limited under applicable law. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
17. Indemnification
You agree to indemnify and hold harmless EmberRx and its officers, members, employees, and agents from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of your misuse of the Services, your violation of these Terms, your provision of inaccurate or incomplete health information, or your violation of any law or third-party right.
18. Dispute resolution & arbitration
Except for claims that qualify for small claims court and claims seeking injunctive relief for intellectual property infringement, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will take place in the State of Florida or, at your election, remotely.
Class action waiver. You and EmberRx agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims.
This section does not apply to claims of medical malpractice or professional negligence against a treating provider, which are governed by applicable state law and any agreement between you and that provider.
19. Governing law
These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws principles. Subject to the arbitration provision above, you and EmberRx consent to the exclusive jurisdiction of the state and federal courts located in Florida.
If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of it.
20. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Material changes will be communicated by posting on this page and, where appropriate, by email or in-portal notice. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
21. Contact us
Questions about these Terms:
- Email: support@emberrx.co
- EmberRx LLC
7901 4th St N, Ste 300
St. Petersburg, FL 33702