Terms & Conditions

Welcome to Seven Cells web site (this “Site”) that is offered for your use subject to your acceptance, without modification, of the following terms and conditions (these “Terms and Conditions”). Please read them carefully. Your use of this site constitutes your agreement to these Terms and Conditions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT CREATE AN ACCOUNT OR USE OUR SERVICE OR SITE. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY SEEK IN-PERSON EMERGENCY HELP OR DIAL 911. This Site, the online technological platform, and related Applications are for non-emergency use only. THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN. Eligibility This Site and related technologies are offered only to users eighteen (18) years of age or older, or otherwise the age of majority in their respective jurisdictions located in states in which we offer our service, and who have accepted these Terms and Conditions; provided, however, that individuals who are located in states in which we offer our service and are between the ages of 13 and 18 may use our service for the sole purpose of obtaining a medical consultation for any service offered to that age group to the extend available in our Site if a parent or legal guardian provides the appropriate consent to such use. CERTAIN PRODUCTS ARE SUBJECT TO AGE RESTRICTIONS AND NOT ALL PRODUCTS ARE AVAILABLE TO ALL AGES. By visiting, accessing, registering with or using this Site, or by purchasing or using any products or services through this Site, you represent and warrant to Seven Cells that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with and using this Site and for purchasing any products or services through this Site, and you may only use them for lawful purposes. Ownership and our Services Seven Cells Telehealth LLC (“Seven Cells”) owns this Site. We also own or license the services and products available on this Site, the images, text, information, and other content presented on this Site, and all of the related software and technology (collectively, the “Content”). You may not use this Site or copy, modify, adapt, upload, download, transmit, distribute, display, perform, publish, license, create derivative works from, transfer, sell, decompile, or reverse engineer any of the Content except as expressly permitted by these Terms and Conditions. Seven Cells makes available to individuals who create an account and use our Site certain products and services sold or offered via our Site. Our Site provides access to prescription fulfillment services offered by our affiliated pharmacy, Purformance Wellness Pharmacy LLC. Please note that Seven Cells does not interfere with the independent professional judgment of any medical providers you may encounter or consult with using our platform. Copyright and Trademark Notices “Seven Cells” and other names Seven Cell’s designations for any of its products or services referenced on this Site are each service marks or trademarks (or registered service marks or trademarks) of Seven Cells. Other company names and other product or service names or designations referenced on this Site may be the service marks or trademarks (or registered service marks or trademarks) of their respective owners. Use of Site (General) You may use this Site only for your own personal, lawful, non-commercial purposes. As a condition to your use of this Site, you represent and warrant that you will not use this Site or any of the Content in violation of any applicable law, in connection with any commercial or “for profit” enterprise, or in any other manner that would conflict with these Terms and Conditions. Access to certain services on this Site is limited to our members (i.e., persons who have provided us with the user information requested in our registration form). You represent and warrant that you will take all reasonable precautions to preserve the confidentiality of your personal login information and to prevent its unauthorized use. You acknowledge and agree that you will be responsible for all fees, charges, duties, taxes, and other amounts that may be imposed with respect to the use of this Site by you or by any other person using your personal login information. You are responsible for all activity that occurs under your Seven Cells user account and are prohibited from authorizing or allowing any third party to access or use your user account. Accordingly, you should take all steps necessary to safeguard your user account access or log-in information. You should also ensure that all the information in your user account is updated in a timely fashion and is current and correct. If you suspect that your user account has been compromised, you shall immediately notify Seven Cells for security purposes. At any time, we may, in our exclusive discretion and without notice, terminate, suspend, or restrict your access to this Site or any of its components. In particular, and without limitation, your use of this Site in violation of any of these Terms and Conditions may result in the termination of your membership and/or access to this Site, as well as the taking of legal action against you. Links To Other Sites Portions of this Site may provide hyperlinks, framing or other “click-thru” access to sites owned and operated by persons other than Seven Cells (“Third-Party Sites”). The availability of click-thru access to Third Party Sites is not intended to create or imply any affiliation between us and the owners or operators of any Third Party Site, or any sponsorship by us of any Third Party Site or its owners or operators. You acknowledge that these Terms and Conditions contain no representation, warranty, or endorsement by us of any Third Party Site or any of the products, services, information, or other content available on that site. Your use of any Third Party Site will be governed by the terms and conditions posted on that site. Your rights and obligations with respect to any of the products, services, information, or other content of that site will be determined by those terms and conditions. User Submissions With respect to any design, idea, concept, suggestion, or other information you communicate to us, electronically, telephonically, in writing or otherwise (“Submissions”), you automatically, and without further action, grant to Seven Cells a royalty-free, perpetual, irrevocable, non-exclusive, world-wide license to use, reproduce, publish, display, distribute, transmit, transfer, modify, adapt, perform, license, sell, create derivative works from, decompile, disassemble, and reverse engineer that Submission, or any part of that Submission, in whole or in part, for any purpose, and in any form, medium, or technology. Privacy Policy Seven Cells understands the importance of confidentiality and privacy regarding your personal information. Please see our Notice of Privacy Practices for a description of how we may collect, use and disclose your personal information. You have read the Notice of Privacy Practices (“Privacy Policy”) posted on our Site, the terms of which are expressly incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal login information by Seven Cells and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy. You understand that Seven Cells shall have the unencumbered right to access and use, and to allow its respective agents, employees, representatives, contractors, and vendors to access and use, the information in your Seven Cells user account in order to facilitate the exercise and performance of Seven Cell’s rights and obligations under these Terms and Conditions, or the operation of this Site (including, without limitation, payments, and communications). Electronic Communications When you access or use our platform or send emails or SMS (including text) messages to us, you are communicating with us electronically. You consent to receive communications from our affiliate providers and us electronically, including communications about your order, and promotional/marketing communications. Seven Cells complies with HIPAA and by agreeing to exchange SMS/text messages with us, you acknowledge that type of messaging may not be entirely secure. We will communicate with you via email, SMS messaging (including text messages) or through the platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described here. Data Retention Seven Cells may retain your information for as long as it believes necessary; as long as necessary to comply with its legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services facilitated by Seven Cells. Seven Cells may dispose of or delete any such information at any time, except as required by law. California Residents If you are a California resident, you have the right to know what personal information we collect, use, disclose or sell about you under the CCPA. Additionally, you have the right to access and delete your personal information. Please note that we will verify your identity prior to responding to your privacy-related request. To exercise these privacy rights and choices, please follow the instructions below: How to request access to your personal information: You may request access to your personal information twice in a 12-month period. To do so, please email us at info@sevencells.com with the subject heading “California Privacy Rights”. In response, we will produce an electronic report detailing the personal information we have collected, disclosed, and/or sold about you. How to request deletion of your personal information: You may request that we delete the personal information collected and/or maintained about you. To do so, please email us at info@sevencells.com with the subject heading “California Privacy Rights”. Note, we may need to retain certain personal information as permitted by law for lawful internal uses, such as to complete the transaction for which the personal information was collected, maintain an electronic medical record, to comply with legal obligations. We reserve the right to charge a fee where permitted by law in which case we will provide a cost estimate before completing your request. Please note that we do not sell your personal information for money, but we do use cookies and similar technologies. Also, some of our vendors may use your data in a way that could be construed as a sale of data under the CCPA, for example by using machine learning on identity documents to improve an identity verification platform as a whole. Disclaimer of Representations and Warranties THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS.” SEVEN CELLS DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THIS SITE, ANY OTHER SITE TO WHICH THIS SITE PROVIDES CLICK-THRU ACCESS, INCLUDING THIRD PARTY SITES, OR THEIR RESPECTIVE CONTENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SEVEN CELLS DISCLAIMS ANY IMPLIED REPRESENTATION OR WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THIS SITE, ANY SITE TO WHICH THIS SITE PROVIDES CLICK-THRU ACCESS, INCLUDING THIRD PARTY SITES, OR ANY OF THEIR RESPECTIVE CONTENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. Disclaimer of Liability IN NO EVENT WILL SEVEN CELLS BE LIABLE UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND ARISING IN CONNECTION WITH THE USE OF THIS SITE OR ANY SITE TO WHICH WE PROVIDE CLICK-THRU ACCESS, EVEN IF SEVEN CELLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SEVEN CELLS WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH: (1) THE DENIAL OR INTERRUPTION OF ACCESS TO THIS SITE, ANY SITE TO WHICH WE PROVIDE CLICK-THRU ACCESS, OR ANY OF THEIR RESPECTIVE COMPONENTS, (2) ANY INACCURACIES IN ANY OF THE INFORMATION DISPLAYED ON THIS SITE OR ANY SITE TO WHICH WE PROVIDE CLICK-THRU ACCESS, (3) THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE PURCHASED ON THIS SITE OR ANY SITE TO WHICH WE PROVIDE CLICK-THRU ACCESS, INCLUDING ANY DEFECT IN ANY SUCH PRODUCT OR SERVICE, OR (4) ANY OTHER USE OF THIS SITE, ANY SITE TO WHICH WE PROVIDE CLICK-THRU ACCESS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. If, notwithstanding the foregoing, Seven Cells or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of this site or its content, as described herein, the liability of Seven Cells and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this site or (b) $100.00 (US), whichever is lower. Indemnification You shall defend and indemnify Seven Cells and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Site. Governing Law, Jurisdiction, Venue These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to the principles of conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction and venue of any state or federal court located in Martin County in the State of Florida, United States of America, with respect to all disputes arising out of or relating to the use of this Site or these Terms and Conditions. Your use of this Site is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms and Conditions, including, but not limited to, the provisions of this paragraph. Additional Rights and Restrictions (1) You may not assign, transfer, subcontract, or delegate any of your rights, duties, or obligations under these Terms and Conditions. (2) We reserve all rights relating to this Site or the Content not expressly granted to Seven Cells by these Terms and Conditions. (3) If any provision of these Terms and Conditions is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity or enforceability of any of the remaining provisions of these Terms and Conditions. (4) No waiver by Seven Cells of any provision hereof, and no failure by Seven Cells to exercise any of its rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by the CEO of Seven Cells. (5) Seven Cells may at any time, in its exclusive discretion and without notice, make additions, deletions, or other modifications to, or suspend or terminate access to, this Site or any other Content. (6) The headings used in these Terms and Conditions are for convenience only and will in no way affect the scope or construction of any provision hereof. Modification and Acceptance of Terms and Conditions You acknowledge that your use of this Site constitutes your acceptance of and agreement to abide by these Terms and Conditions. These Terms and Conditions may be modified by Seven Cells at any time, without prior notice, upon posting of the entire amended and restated Terms and Conditions on this Site. Your continued use of this Site following any such modification will constitute your acceptance of such modifications. Notice Regarding Your Financial Responsibility for Services Seven Cells and any affiliated pharmacy are not enrolled with, and are not participating providers with, any federal or state healthcare programs (i.e., Medicare, Medicaid, Tricare) for the provision of any services or products and, as such, neither you nor Seven Cells or its affiliates may receive payment from such programs for the services or products provided to you. By choosing to use our service, you are specifically choosing to obtain products and services on a cash basis and you acknowledge and agree that you are solely responsible for the costs of any service or product provided to you. Subscription Products and Services Certain products and services may be available for purchase on an automatically renewing subscription basis. For subscription-based products and services, your payment on record will be automatically charged at regular intervals as described for that product or service during the checkout process until you cancel your subscription. You may cancel a subscription at any time up to forty-eight (48) hours before the applicable renewal processing date of your subscription by emailing info@sevencells.com with subject heading “Cancellation”. Prescription Products Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the health care providers and the provider determined that the prescription product is appropriate for you and issued a patient-specific prescription that will be forwarded to an affiliated pharmacy (or you may request to have the prescription filled at any pharmacy of your choice by informing us at 888-818-1779 or by emailing care@sevencells.com. Prescriptions fulfilled at an affiliated pharmacy will be shipped to you. If you fill a prescription with a pharmacy of your choosing, Seven Cells will send the prescription to your selected pharmacy and you will be responsible for paying for your prescription and obtaining your prescription from your selected pharmacy. Please note that prescriptions fulfilled by any of our affiliated pharmacies will not use child-resistant packaging and will not be dispensed in child-resistant containers. If a prescription product or prescription subscription product you purchased and filled through our affiliated pharmacy required a consultation with a telehealth provider, then the total price you pay may include the amounts charged for the telehealth consultation, as well as amounts charged by the affiliated pharmacy for the prescription drug. Limited Use and Availability 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 higher than eighteen (18), and who have accepted this Agreement; provided, however, that individuals who are located in the states in which we offer the Service and are between the ages of 13 and 18 may use the Service for the sole purpose of obtaining a medical consultation for the treatment of any products specifically noted as available to that age group to the extent available through our Site if a parent or legal guardian provides consent to such use in accordance with the requirements set forth in this Agreement and the Site. Consent to Use of Telehealth Services Telehealth involves the delivery of health services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health and mental health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The telehealth services are not a substitute for in-person care in all cases. In order to use the Service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Telehealth Informed Consent”) that will be provided to you via our Site. Duty to Provide Information and Connectivity You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities to enable your use of the Site, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing our Site. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through our Site.