Terms of Use
Welcome to Livelyhood. The website located at findlivelyhood.com, along with related subdomains, mobile sites, and applications (collectively, the “Site”), are owned and operated by Livelyhood Health, Inc., a Delaware corporation (“Livelyhood,” “we,” “us,” or “our”). Livelyhood offers the Site’s features, content, applications, and services (together with the Site, the “Services”) to you subject to these Terms of Use (“Terms”).
Any products or services provided to you through the Site are governed by these Terms. By accessing or using the Services, you agree to be bound by these Terms, our Notice of Privacy Practices, and our Telehealth Informed Consent. If you do not agree, your sole and exclusive remedy is to discontinue your use of the Site or Services.
Eligibility. The Services are available only to individuals 18 years or older who are located in the United States at the time of service. You must provide accurate, current, and complete information and keep it up to date.
1. What Livelyhood is and is not
Livelyhood is a healthcare technology company. Livelyhood is not a medical practice, a pharmacy, or an insurer. The Services may include access to one or more professional medical organizations, such as OpenLoop Healthcare Partners, PC and its affiliated groups (“Medical Groups” or “Groups”), who provide healthcare services (the “Healthcare Services”) through the Site. These Groups employ or contract with licensed medical providers and other clinicians (“Providers”) who furnish Healthcare Services via the Site.
All Providers who deliver Healthcare Services through the Site are (i) independent practitioners contracted or employed by affiliated Medical Groups that coordinate with Livelyhood, and (ii) solely responsible for the Healthcare Services you receive. Livelyhood does not control or interfere with the provision of Healthcare Services by any Provider or Medical Group, each of which is independent from Livelyhood and solely responsible for the Healthcare Service you receive.
2. Device requirements
In order to use certain Services, you must have compatible devices, internet access, and necessary software. Fees and data charges from your internet or mobile provider may apply. You are responsible for obtaining and maintaining the equipment, connectivity, and software required to use the Services.
3. State availability
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.
Availability depends on Provider licensure, pharmacy licensure, and applicable state laws. If a service is not available in your state at the time of your intake, you will be notified during signup and will not be charged.
4. Partner pharmacies
Prescriptions ordered through the Services, if clinically appropriate, are dispensed by one of the following licensed U.S. pharmacies. The pharmacy assigned to your order depends on the medication prescribed, your state of residence, and clinical considerations.
5. Your account
- You are responsible for maintaining the confidentiality of your login credentials and for all activity on your account.
- You agree to provide truthful, accurate, and complete information to your Provider. Withholding information can result in unsafe care.
- We may suspend or terminate your account for misuse, fraud, violation of these Terms, or for clinical reasons identified by your Provider.
6. Use of the Services; acceptable use
You agree to use the Services in compliance with these Terms and with all applicable laws. You agree not to: (a) use the Services for any unlawful purpose; (b) impersonate another person or entity; (c) interfere with or disrupt the Services; (d) attempt to access data, accounts, or systems that are not yours; (e) obtain medications through fraud or misrepresentation; or (f) resell, transfer, or distribute any medication obtained through the Services.
7. Payments and subscriptions
Subscription Services fees are charged in advance on a recurring basis. Cancellations and refunds are governed by our Cancellation and Refund Policy. All payments are processed by a third-party payment processor; Livelyhood does not bill insurance.
8. Medications and patient safety
- Do not share any medication prescribed to you.
- Follow your Provider’s instructions and the medication label exactly.
- Report adverse effects to your Provider and, for serious events, to the FDA MedWatch program.
- Seek emergency care immediately for signs of allergic reaction, chest pain, severe abdominal pain, suicidal thoughts, or other urgent symptoms. Do not use the Services for emergencies.
9. Intellectual property
Livelyhood owns and retains all proprietary rights in the Site and the Services, including all content, trademarks, trade names, service marks, and other intellectual property rights related thereto. You agree not to copy, modify, transmit, create derivative works from, make use of, or reproduce any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Site without first obtaining the prior written consent of Livelyhood or the owner of such intellectual property.
10. Third-party services
The Services integrate with third-party services, which may include clinical operations providers, payment processors, and pharmacies. Your use of those services may be subject to their own terms and policies, and Livelyhood is not responsible for such third-party services.
11. Disclaimers
The services are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free. Information on the Site is for general educational purposes and is not a substitute for the medical advice of your Provider.
12. Limitation of liability
To the maximum extent permitted by law, in no event shall Livelyhood, its subsidiaries, affiliates, directors, officers, employees, agents, and assigns be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising out of or in connection with these Terms or the Services. Livelyhood’s total cumulative liability for any claim arising out of these Terms or the Services will not exceed the amount you paid to Livelyhood in the twelve (12) months preceding the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.
13. Indemnification
You agree to indemnify, defend, and hold harmless Livelyhood, its subsidiaries, affiliates, directors, officers, employees, agents, and assigns from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Services, your breach of these Terms, or your violation of any law or the rights of a third party. Livelyhood reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with Livelyhood’s defense of that claim.
14. Binding arbitration; class action waiver
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding, individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be conducted in the English language and, unless you and Livelyhood agree otherwise, seated in New Castle County, Delaware. Judgment on the award may be entered in any court of competent jurisdiction.
You and Livelyhood each waive any right to a jury trial and any right to participate in a class action, collective action, or representative proceeding. You may opt out of this arbitration agreement by sending written notice within thirty (30) days of first accepting these Terms to legal@livelyhood.co with the subject line “Arbitration Opt-Out.”
15. Governing law and venue
These Terms, and any dispute between you and Livelyhood, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles. Subject to the arbitration agreement in Section 14, any action not subject to arbitration shall be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you consent to the personal jurisdiction of those courts.
16. Changes to these Terms
We may revise these Terms from time to time. The “Last updated” date at the top indicates when the Terms were most recently revised. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site or Services after the date such revised Terms are posted. Material changes will be communicated through the Site or by email.
17. Termination
We may suspend or terminate your access to the Services at any time for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Services will cease, but Sections 9 through 15 will survive.
18. Miscellaneous
These Terms are the entire agreement between you and Livelyhood regarding the Services and supersede all prior agreements. If any provision is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not be deemed a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
19. Contact
Livelyhood Health, Inc.
A Delaware corporation
support@livelyhood.co