TELEHEALTH CONSENT & TERMS OF CARE

DO NOT USE THE SERVICES IF YOU HAVE A MEDICAL EMERGENCY. IF YOU ARE HAVING A MEDICAL EMERGENCY, PLEASE DIAL 911 OR GO IMMEDIATELY TO THE EMERGENCY ROOM.

Thank you for visiting hairdefense.com (the “Site”, along with any new websites introduced or official Hair Defense LLC social media accounts). This website is owned and operated by Hair Defense LLC, its affiliates and licensors (collectively, “we”, “us”, “our”, the “Company”, or “Hair Defense LLC”). Each person who uses the Services to sell, promote, or purchase items must accept the terms and conditions of this Participant Agreement (the “Agreement”) without change. By registering with Hair Defense LLC and using the Services, you agree to be bound by all terms and conditions of this Agreement, and all policies and guidelines of the Site are incorporated by reference. Please read these Terms carefully. By clicking “I accept”, “I agree,” or similar when the option is presented to you, or by accessing or using the Services, you acknowledge that you have read, understand, and agree to these Terms and consent to receive Services from Hair Defense LLC. If you do not agree to these Terms, you are not allowed to use the Services.

CONSENT TO CARE AND TELEHEALTH CONSENT: YOU CONSENT TO TREATMENT AND TELEHEALTH SERVICES IN SECTION 2.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: THE DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY ARE EXPLAINED IN SECTION 5.

MANDATORY ARBITRATION NOTICE: SECTION 6 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND HAIR DEFENSE LLC ARE EACH GIVING UP RIGHTS TO BRING CLAIMS OF ANY KIND AGAINST EACH OTHER IN COURT.

1. General Provisions

Relationships among Hair Defense LLC and Affiliated Providers: You acknowledge and agree that your access to and use of the Platform is subject to Hair Defense LLC’s Terms of Use. Hair Defense LLC is not a healthcare provider and does not provide medical services or medical advice. When you use the Hair Defense LLC website, if you decide to proceed with advice or treatment for your health care needs, you will be connected with independent dermatologists or other physicians (“Doctors”) who will provide you with medical advice and treatment. Those Doctors may prescribe medication and other treatments; we do not control and are not otherwise involved in the treatment decisions reached between you and your Doctor.

Age, Location, and Eligibility for Services. Our Service is currently only available to individuals who are located in states in which we offer the Service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if older than eighteen (18), and have accepted this Agreement.

In addition, you will be asked for your current state of residence when registering to use the Platform. You agree to notify us and update your state of residence in the Platform if you move. You agree that you will only use the Services while located in your state of residence. We may ask you to verify your state of residence and/or physical location to ensure compliance with applicable law relating to the licensure of our Providers. You acknowledge that you may not be able to access the Services without providing us with your physical location. We reserve the right to refuse to provide Services to you if you are in a jurisdiction that we do not serve.

2. Consent to Care, Telehealth and Compounded Medications

Consent to Care. You (or for Minors, your parent or legal guardian) consent to diagnosis, medical care and treatment that you have agreed to receive and that is considered necessary or recommended by your Providers, including treatment and services through the use of telehealth technologies. You and your parent or guardian acknowledge and agree that no guarantees have been made to you about the result of your examination, care, or treatment.

Consent to Telehealth Services. “Telehealth Services” means the delivery of Services using technology when you and your Provider are not in the same physical location, and/or the virtual delivery of healthcare services, including by a Provider or via digital or automated tools, including without limitation tools for medical or health-related diagnosis and treatment.

The Telehealth Services may be used for diagnosis, treatment, care, follow-up and/or patient education, and include the following: electronic transmission of patient medical records, medical images, and/or other patient data or information; synchronous (i.e., “real time”) and asynchronous (i.e., non-“real time”) interactions via audio, video, text, and/or data or other electronic communications; automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output, transmission or exchange of data from medical devices, sound and video files.

You acknowledge and agree that:

Hair Defense LLC and its Affiliates provide Telehealth Services that are not intended as a substitute for routine or ongoing medical care or advice for acute or chronic conditions or illnesses.
You will be assigned to a Provider licensed to provide Services in your state prior to the consult, including a review of the Provider’s credentials.
You are prohibited from recording or taking pictures of your interactions with a Provider or other care team member without your Provider’s and Hair Defense LLC and its relevant Affiliates’ prior written consent.
There are various benefits associated with Telehealth Services, including improved access to care by enabling you to remain in your home while the Provider consults with you, more efficient care evaluation and management, and obtaining expertise of a specialist located some distance away.
Possible risks to Telehealth Services include delays in evaluation and treatment due to deficiencies or failures of the equipment and technologies.
You are responsible for providing accurate medical information to your Provider. It is up to your Provider to determine whether your specific needs are appropriate for Telehealth Services.
Telehealth Services using video conferencing technology and messaging-based communications will not be the same as a direct client/doctor visit because you will not be in the same room as your doctor. Alternatives to Telehealth Services, such as in-person services, are available to you.
Information transmitted through the Telehealth Services may not be sufficient quality to allow for appropriate medical decision making, thus necessitating a rescheduled telehealth encounter or a meeting with your local healthcare provider.
You or your Provider may discontinue any Telehealth Services encounter if you or the Provider determine that the telehealth technology used for the encounter is not adequate for the situation.
You will not be prescribed any controlled substances and we do not guarantee that you will receive a prescription at all.
You may withhold or withdraw your consent to the use of Telehealth Services in the course of your care at any time. However, if you withdraw your consent, we will not be able to provide Services to you.
The state in which you reside or are located at the time you use the Services may require us to provide additional notices to you or obtain additional consents from you regarding the Telehealth Services. You can review the additional disclosures and consents applicable to you, if any, here. These disclosures and consents are incorporated into these Terms.

Compounded Medications. Many of the Products described on hairdefense.com are “compounded” medications. “Compounded Medications” are custom-made drugs that are prepared to meet a patient’s specific needs. Pharmacists or physicians create or instruct a pharmacist to prepare compounded medications when commercially available drugs don’t meet a patient’s needs. You should ask your prescriber if you do not understand why you have been prescribed a compounded drug.

Facts about Compounded Medications:

The FDA does not evaluate the safety, effectiveness, or quality of compounded drugs before they are marketed.
States are the primary regulators for most prescription-based drug compounding practices.
A licensed pharmacist, physician, or someone under the supervision of a licensed pharmacist compounds the medications.
The compounding process involves mixing, combining, or altering the ingredients of a drug to create a medication for an individual patient.
You should discuss with your physician whether a particular Compounded Medication is right for you. Hair Defense LLC does not participate in those discussions regarding whether you should use a particular Compounded Medication. Hair Defense LLC, to the greatest extent permitted by law, disclaims responsibility or liability for the physician’s decision to prescribe, and the patient’s decision to use, a Compounded Medication.

3. Payment for Services

Subscriptions and One-Time Orders. The Services are offered on a subscription and one-time order basis through the Platform, and you agree to pay all fees for the Services. For more information about your subscription and cancellation options, please review Hair Defense LLC’s Terms of Use.

Excluded Services. Your subscription does not cover (i) any ancillary services; (ii) unless otherwise specified by us in writing, any services provided by third parties; (iii) hospital services, emergency room visits, or urgent care facility visits; (iv) appointments with other providers or specialists you are referred to (whether by Hair Defense LLC and its Affiliates or otherwise); or (v) any services not expressly listed as included in your applicable Subscription (collectively, the “Excluded Services”). Hair Defense LLC and its Affiliates are not responsible for any medical bills incurred for any Excluded Services, even if Hair Defense LLC and its Affiliates has referred you for such services.

No Insurance Accepted. At this time, the Providers do not accept commercial health insurance plans, are not in-network with any commercial health insurance plans and are not enrolled with federal or state healthcare programs, such as Medicare and Medicaid. By choosing to use the Services, you are specifically choosing to obtain products and services offered by the Providers on a cash-pay basis outside of any commercial health insurance plan or federal or state healthcare program. You agree that you are solely responsible for the costs of any services or products provided to you. The Services may be eligible for reimbursement from a flexible spending account (FSA) or health savings account (HSA), subject to the terms of the FSA or HSA, and you are responsible for meeting any requirements that may be required to obtain such reimbursement. You may check with your FSA plan administrator or HSA trustee or custodian for details. If you are covered by a government health plan, please consult with a provider who participates in such plans. You agree that you will not submit a claim for reimbursement to any government healthcare program or commercial health insurance plan for the costs of the services and products provided to you through the Services.

4. Health Information and Communications Consent

Protected Health Information

When you set up an account with Hair Defense LLC, you are creating a direct customer relationship with Hair Defense LLC that enables you to access and/or utilize the various functions of the Service as a user. As part of that relationship, you provide information to Hair Defense LLC, including but not limited to your name, email address, shipping address and phone number, that we may collect, use and disclose in accordance with our Privacy Policy, and that we do not consider to be “health” or “medical” information.

However, in using certain components of the Service, you may also provide certain medical information that may be protected under applicable laws. Hair Defense LLC is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). One or more of the labs, pharmacies or physicians may or may not be a “covered entity” or “business associate” under HIPAA, and Hair Defense LLC may in some cases be a “business associate” of a lab, pharmacy or physician. It is important to remember that, while state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with Hair Defense LLC, the physicians or other providers, the labs, or the pharmacies. To the extent Hair Defense LLC is deemed a “business associate” however, and solely in its role as a business associate, Hair Defense LLC may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the lab, pharmacy or physicians (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.

The physicians and other providers have adopted in some cases a Notice of Privacy Practices that describes how they use and disclose Protected Information. By accessing or using any part of the Service, you are acknowledging receipt of the Notice of Privacy Practices from your physician or other provider(s).

By using the Service, you are agreeing that even if HIPAA does apply to Hair Defense LLC, the physicians, other providers, the labs, or the pharmacies, any information that you submit to Hair Defense LLC that is not intended and used solely for the provision of diagnosis and treatment by the physicians or other providers or prescription fulfillment by the pharmacies or laboratory services by the labs, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.

Consent to Use and Disclose Health Information
You agree and consent to Hair Defense LLC and its Affiliates using, disclosing, and/or releasing your information, including your “sensitive health information,” as permitted by law for purposes of treatment, payment, or health care operations of Hair Defense LLC and its Affiliates, such as with your other health care providers in connection with your treatment, with Hair Defense LLC or other contractors and/or affiliates of Hair Defense LLC and its Affiliates for scheduling, billing and other administrative purposes, with any person or entity liable for payment on your behalf in order to verify coverage or payment questions, or for any other purpose related to benefit coverage and payment. “Sensitive health information” includes information about psychiatric treatment, mental health or illness, or developmental or intellectual disability, substance use disorder treatment, and any other type of information that is given special privacy protection under state or federal laws.

Consent to Confidential Telephone and Electronic Communications
You authorize Hair Defense LLC and its Affiliates to send confidential communications, including calls, text messages, and emails, to the phone numbers and email addresses we have on file for you and to leave voice messages regarding your health information at such numbers. You further authorize Hair Defense LLC and its Affiliates to communicate with you through chat features available on the Platform. You acknowledge that the content of these communications may include, but is not limited to, health information, preventative care, treatment recommendations, outstanding balances, and requests from Hair Defense LLC and its Affiliates for user feedback as part of your relationship with us. You acknowledge that text messages and emails may be unencrypted and carry some risk that the information in the messages could be read by an unauthorized person, and that we cannot guarantee the security and confidentiality of the text, email, or other electronic messages that we send to you, and we are not responsible for any unauthorized access that occurs during or after the transmission of any text messages or emails to you.

5. Disclaimer and Limitation of Liability

The Services are intended for use only within certain states in the United States and its territories. We make no representation that the Services are appropriate or are available for use in states where we do not currently operate or outside the United States.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HAIR DEFENSE LLC, OUR AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, PROVIDERS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RELATING TO LOST PROFITS OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow certain exclusions or limitations of liability, so the above exclusions and limitations may not apply to you.

6. Dispute Resolution and Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND HAIR DEFENSE LLC TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HAIR DEFENSE LLC AND ITS AFFILIATES. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HAIR DEFENSE LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

We want to address your concerns without needing a formal legal case, so we have included a tiered dispute resolution process. This Dispute Resolution section may be modified by written agreement between you and Hair Defense LLC and its Affiliates.

Informal Dispute Resolution
Before filing a claim against Hair Defense LLC and its Affiliates, you agree to try to resolve the dispute informally by contacting us at operations@hairdefense.com. If a dispute is not resolved within thirty (30) days after submission, you may bring a formal proceeding, as outlined below.

AGREEMENT TO ARBITRATE
You agree that any disputes that you and we are unable to resolve informally will be settled by binding arbitration, except that you and we each retain the right to bring an individual action in small claims court. You will also have the right to litigate any other dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at operations@hairdefense.com within thirty (30) days following the date you first accept these Terms, or if you have not registered for an account, then within thirty (30) days following the date you first use the Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth above. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in the State of California. All other claims will be arbitrated.

Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its rules governing the arbitration of disputes (the “AAA Rules”) then in effect, except as modified by this “Governing Law; Dispute Resolution; Arbitration” section. For individuals who seek telehealth services or services from one of Hair Defense LLC’s pharmacy or physician affiliates, the applicable AAA Rules are the consumer arbitration rules. For businesses, organizations or other entities, the applicable AAA Rules are the Commercial Arbitration Rules. (The AAA Rules are available at https://www.adr.org/Rules.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

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

Arbitration Location and Procedure
The Arbitration shall be held either:
(i) at a location determined by AAA pursuant to the AAA Rules (provided that such location is reasonably convenient for you and does not require travel more than 100 miles from your home or place of business);
(ii) at such other location as may be mutually agreed upon by you and us; or
(iii) via videoconference.

If your claim does not exceed $10,000, then the arbitration will be conducted solely based on the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Disclaimers and Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

Fees
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

Changes
Notwithstanding anything to the contrary in these Terms, if we change this “Dispute Resolution” section after the date you accepted these Terms or access our Services, you may reject any such change by sending us written notice (including by email to operations@hairdefense.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date listed at the beginning of these Terms or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you accepted these Terms or accessed our Services.

No Class Actions
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

7. Miscellaneous Terms

Entire Agreement
These Terms are the entire and exclusive understanding and agreement between Hair Defense LLC and its Affiliates and you regarding the Services and other subject matter herein, and supersede and replace all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with Hair Defense LLC and its Affiliates.

Governing Law
These Terms shall be governed by the laws of the State of California without reference to its conflict of laws provisions.

Severability
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.

Survival
Any provision of these Terms that by its nature should survive termination will survive such termination.

Contact Us
If you have any questions about these Terms and/or any other documents referenced in these Terms, please feel free to contact us at: operations@hairdefense.com

STATE DISCLOSURES

Each U.S. state may have specific disclosures related to telehealth. These include (but are not limited to):

Alaska: Your primary care provider may obtain a copy of your records.
Arizona: All records from telemedicine consultations are part of your medical record.
Colorado: File complaints at https://dpo.colorado.gov/FileComplaint
Connecticut: You may revoke your consent at any time.
D.C.: Alternate forms of communication for urgent care have been disclosed.
Georgia: You received accurate instructions for emergent care follow-up.
Iowa: File complaints at https://dial.iowa.gov/about-dial/boards-0/medicine
Idaho: File complaints at https://dopl.idaho.gov/filing-a-complaint/
Illinois: File complaints at https://idfpr.illinois.gov/admin/dpr/complaint.html
Indiana: File complaints at https://inoag.my.salesforce-sites.com/ConsumerComplaintForm
Kansas: Your physician must send a treatment summary to your PCP within 3 business days.
Kentucky: File complaints at https://kbml.ky.gov/grievances/Pages/default.aspx
Louisiana: The roles of all participants during your consult have been disclosed.
Maine: File complaints at https://www.maine.gov/md/complaint/file-complaint
Maryland: Services may not be based solely on an online questionnaire.
Nebraska: You may request in-person follow-up, and confidentiality applies.
New Hampshire: Providers may forward records to your PCP.
New Jersey: You can request and receive copies of your medical information.
Ohio: Telehealth providers may send your records to your PCP.
Oklahoma: File complaints at http://www.okmedicalboard.org/complaint
Rhode Island: Transmission types, risks, and privacy concerns have been disclosed.
South Carolina: Records may be distributed to other treating practitioners.
South Dakota: Treatment limitations and risks have been explained.
Texas: Complaints may be filed at www.tmb.state.tx.us (Phone: 1-800-201-9353)
Utah: Disclosures include telehealth risks, rights, and provider selection info.
Virginia: You agree to hold providers harmless for technical issues and consent to data sharing.
Vermont: You may request consults immediately or within a reasonable time.