Terms

Acceptance of Terms

These Terms of Service govern your access to and use of the Hair and Beyond Rx website and services operated in the United States by Kellen Gardner, 700 Ikea Ct, West Sacramento, CA 95605. By accessing or using the site, you agree to be legally bound by these Terms and all applicable laws. If you do not agree, you must not use the site.

These Terms form a binding agreement between you and the site owner. Supplemental terms may apply to certain features; if there is a conflict, the supplemental terms control for those features.

Definitions

Services refers to the site, content, tools, and features offered by Hair and Beyond Rx. Content includes text, guides, graphics, data, pricing information, and any other materials provided. You and user refer to any person who accesses or uses the Services.

Eligibility and Geographic Restrictions

The Services are intended for individuals located in the United States who are at least 18 years old and capable of entering into a binding contract. By using the Services, you represent that you meet these requirements. We do not represent that the Services are appropriate or available for use in other jurisdictions, and access from territories where the Services are illegal is prohibited.

No Medical or Pharmacy Advice

The Services are for educational and informational purposes only. Content is not medical advice, diagnosis, treatment, or a substitute for the professional judgment of a licensed healthcare professional. Always consult your healthcare provider before starting, changing, or stopping any medication or therapy. In case of a medical emergency, call 911 or your local emergency number immediately.

Not a Pharmacy, Provider, or Insurer

Hair and Beyond Rx does not practice medicine or pharmacy, does not dispense or ship medications, does not provide telehealth services, and is not an insurance provider or discount plan organization. References to third-party pharmacies, telehealth providers, manufacturers, or other services are provided for informational purposes only. Any purchase, prescription, consultation, or transaction you make with a third party is solely between you and that third party and is governed by their terms and policies.

Health and Safety Notice

Medication information, including dosing, interactions, contraindications, and side effects, may not be comprehensive or reflect the most current research. Drug approvals, warnings, and availability can change. You are responsible for verifying all information with your healthcare provider and for reading the full patient and prescribing information provided by the manufacturer and dispensing pharmacy.

Accounts, Security, and Communications

You may need an account to access certain features. You must provide accurate, current, and complete information and keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. Notify us immediately of any suspected unauthorized use or security breach.

By contacting us or creating an account, you consent to receive communications from us electronically, including notices related to your use of the Services. You may opt out of certain non-transactional communications as described in those messages.

Permitted and Prohibited Uses

We grant you a limited, revocable, non-transferable license to access and use the Services for personal, non-commercial purposes in accordance with these Terms.

Prohibited Conduct

Using the Services for any unlawful, misleading, or harmful purpose, including to obtain prescription drugs without a valid prescription.
Scraping, crawling, or using automated means to access or copy the Services without our prior written consent.
Reverse engineering or attempting to discover the source code of any part of the Services.
Interfering with or disrupting the operation of the Services or the servers or networks used to make them available.
Uploading or transmitting viruses, malware, or other harmful code.
Infringing or violating the rights of others, including privacy and intellectual property rights.

Price, Availability, and Third-Party Services

We may display prices, coupons, availability, shipping estimates, pharmacy or provider credentials, and other data about third-party offerings. We strive for accuracy but do not guarantee that information is complete, current, or error-free. Prices, availability, and terms may change without notice, may vary by location, and may be subject to taxes, fees, prescriptions, insurance coverage, pharmacy policies, and applicable laws. You are responsible for verifying licensure and compliance of any pharmacy or provider and for reviewing their terms and privacy policies.

Affiliate Disclosure and Advertising

We may receive compensation if you click links to third-party sites or complete a purchase or other action. Compensation does not influence our editorial content or recommendations, which are intended to be evidence-based and independent. Sponsored content or advertisements, if any, will be identified as such where required.

Intellectual Property Rights

The Services, including all Content, features, and functionality, are owned by the site owner or licensors and are protected by copyright, trademark, and other laws. Except as expressly permitted, you may not copy, reproduce, distribute, modify, create derivative works, publicly display, or otherwise exploit the Services without our prior written permission.

User Content and Feedback

If you submit ideas, comments, reviews, questions, or other materials (collectively, Submissions), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, translate, publish, distribute, and display your Submissions in any media for any lawful purpose, without compensation to you. You represent that you own or have the necessary rights to your Submissions and that they do not violate any law or rights of any person. We may remove Submissions at our discretion.

Privacy

Your use of the Services may involve the submission of personal information. We will handle personal information as described in our privacy practices. We are not a covered entity or business associate under HIPAA unless expressly stated, and the Services are not intended to store or transmit protected health information on your behalf. Do not submit sensitive health information unless requested by and transmitted directly to a licensed provider or pharmacy through their systems.

Electronic Signatures and Records

By using the Services, you consent to the use of electronic signatures and records and agree that electronic agreements and disclosures have the same force and effect as paper versions.

Disclaimers 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, statutory, or otherwise, including any warranties of accuracy, completeness, non-infringement, merchantability, fitness for a particular purpose, or quiet enjoyment. We do not warrant that the Services will be uninterrupted, secure, error-free, or free of harmful components, or that defects will be corrected.

Limitation of Liability

To the maximum extent permitted by law, in no event will we or our owners, directors, officers, employees, contractors, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of or inability to use the Services, whether based in contract, tort, strict liability, or otherwise, even if advised of the possibility of such damages.

Our total liability for any claim arising out of or relating to the Services will not exceed the greater of 100 USD or the amount you paid to us, if any, for access to the Services in the 12 months preceding the event giving rise to the claim. Some jurisdictions do not allow certain disclaimers or limitations; to that extent, the foregoing may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless the site owner and our affiliates and respective directors, officers, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys fees) arising out of or related to your use of the Services, your Submissions, or your violation of these Terms or applicable law.

Dispute Resolution, Arbitration, and Class Action Waiver

Please read this section carefully. It affects your legal rights.

Binding arbitration: Except for small claims actions and injunctive relief for intellectual property, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by a recognized arbitration provider under the Federal Arbitration Act. The seat and venue of arbitration will be Sacramento County, California.
Class action waiver: You and we agree to bring claims only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.
Opt-out: You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending a written notice with your name, address, email, and a statement that you opt out of arbitration to the contact address below or by email to [email protected]. Opting out does not affect other parts of these Terms.
Small claims and equitable relief: Either party may bring individual claims in small claims court with appropriate jurisdiction and may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information.

Governing Law and Venue

These Terms and any dispute arising out of or relating to them are governed by the laws of the State of California and the United States, without regard to conflict of laws rules. Subject to the arbitration agreement, the exclusive jurisdiction and venue for any permitted court action will be the state and federal courts located in Sacramento County, California.

Digital Millennium Copyright Act Notice

If you believe that content on the Services infringes your copyright, you may submit a takedown notice pursuant to the DMCA by providing our designated agent with a written notice that includes: (1) a physical or electronic signature of the copyright owner or authorized agent; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (4) your contact information; (5) a statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

DMCA Agent: Kellen Gardner, 700 Ikea Ct, West Sacramento, CA 95605; Email: [email protected].

Notice to California Residents

If you are a California resident, you may reach out to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or by telephone at 800-952-5210.

Children

The Services are not directed to or intended for children under the age of 13, and we do not knowingly collect personal information from children under 13. If you believe we may have collected information from a child, please contact us and we will take appropriate action.

Changes to the Services and to These Terms

We may modify, suspend, or discontinue any part of the Services at any time without notice. We may update these Terms from time to time. Changes are effective when posted to the site or otherwise communicated to you. Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

Termination

We may suspend or terminate your access to the Services at any time, with or without cause or notice. Upon termination, all licenses and rights granted to you will immediately cease. Sections that by their nature should survive termination will survive, including intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.

International Use and Export Control

You may not use or export the Services in violation of U.S. export laws and regulations. Accessing the Services from territories where their content is unlawful is prohibited.

Severability, Waiver, Assignment, Entire Agreement, and Force Majeure

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. No waiver of any term is a further or continuing waiver of that term or any other. You may not assign or transfer your rights or obligations under these Terms without our prior written consent; any attempted assignment is void. We may assign these Terms without restriction. These Terms constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous agreements. We are not liable for any failure to perform due to causes beyond our reasonable control.