Terms & Conditions

Benhuri Wellness Clinic Notice

Benhuri Wellness Clinic IS INTENDED SOLELY FOR SPECIFIC NON-EMERGENCY MEDICAL CONDITIONS AND CONCERNS. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE DIAL 911 OR CONTACT YOUR LOCAL MEDICAL PROVIDER IMMEDIATELY.

User Agreement

This User Agreement (along with Benhuri Wellness Clinic Privacy Policy) governs your use of all websites (collectively referred to as the “Sites”) linked to this User Agreement, as well as the services, features, content, or applications (together with the Sites, the “Services”) provided by Benhuri Wellness Clinic and our associated brands and products, including Benhuri Wellness Clinic. The terms “we,” “us,” “our,” and “Benhuri Wellness Clinic” refer to Benhuri Wellness Clinic, a Pennsylvania corporation located at: Benhuri Wellness Clinic 9400 Brighton Way, Suite 210 Beverly Hills, CA 90210 Email: [email protected] Phone: (310) 362-1255 Please read this User Agreement carefully, as it outlines the legally binding terms and conditions for your use of our Services. THIS USER AGREEMENT INCLUDES A MANDATORY ARBITRATION CLAUSE IN SECTION XXI, WHICH CONTAINS A CLASS ACTION WAIVER, CLASS ARBITRATION WAIVER, AND A JURY TRIAL WAIVER. THESE PROVISIONS REQUIRE DISPUTES TO BE RESOLVED THROUGH ARBITRATION INSTEAD OF JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT, INCLUDING THE MANDATORY ARBITRATION CLAUSE AND THE CLASS ACTION WAIVER.

I. Introduction

These Terms of Use (the “Terms”) outline your rights and responsibilities regarding the website (the “website” or the “Platform”) owned and operated by Benhuri Wellness Clinic. For further inquiries or assistance, please contact us at: Benhuri Wellness Clinic 9400 Brighton Way, Suite 210 Beverly Hills, CA 90210 Email: [email protected] Phone: (310) 362-1255 In these Terms, “we,” “our,” “us,” and “Benhuri Wellness Clinic” collectively refer to Benhuri Wellness Clinic and any associated products, subsidiaries, and affiliations. The terms “you” and “yours” refer to the individual utilizing the Platform. Your use of the Platform is governed by these Terms and our Privacy Policy. By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be legally bound by and comply with these Terms and our Privacy Policy. Even if you accessed the Platform through a website operated or controlled by a third party, you understand and agree that these Terms are established between you and Libra Rx. You also acknowledge that the Platform and any services provided under these Terms, except for the Healthcare Services described herein, are offered by Benhuri Wellness Clinic. By using or entering the Platform, you affirmatively consent to engage in electronic business transactions with Benhuri Wellness Clinic and participate in health-related activities with health professionals and entities affiliated with Benhuri Wellness Clinic. These electronic interactions shall have the same legal effect as your written signature. You consent to Benhuri Wellness Clinic and its affiliates sending you disclosures, messages, notices, and other communications to your designated mobile phone and email account. If you do not agree with any of these Terms or our Privacy Policy, you may not use the Platform.

II. Modification of Terms

This Agreement is subject to modifications as outlined below. We reserve the right, at our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should periodically review the Terms when using the Platform to check for any changes. You can identify the last revision date of the Terms by referring to the “Last Modified” notation above. If you continue to use the Platform after the amended Terms have been posted, you will be deemed to have accepted the amended Terms. If any of the provisions of these Terms are unacceptable to you, your sole and exclusive remedy is to discontinue your use of the Platform.

III. Description of the Platform

You understand and agree that the Platform is designed to facilitate the following services (the “Services”):

• Development and collection of healthcare records and information, retaining the same for use in encounters and communications with medical providers.
• Administrative support related to scheduling and payment for Healthcare Services.
• Administrative support in coordinating optional fulfillment and payment for prescription medications ordered or prescribed by medical providers delivering Healthcare Services.
• Telecommunications and technology support for utilizing the Platform as a means of direct access to medical providers through affiliated professional entities for communication, consultations, assessments, and treatment by such providers.

You acknowledge that the Platform collects specific information from you to enable an affiliated medical provider, through the Healthcare Services, to determine the appropriateness of a prescription or diagnostic test for you. This includes applicable health information, diagnostic tests (if applicable), and personal information (collectively, “Your Information”). You consent to the sending and disclosure of Your Information to affiliated professional entities and their medical providers for assessment and potential provision of Healthcare Services. Additionally, you consent to our sharing of Your Information with both affiliated and unaffiliated pharmacies, laboratories, and other diagnostic testing companies to coordinate the fulfillment and payment for diagnostic testing, prescription medications, and medical devices recommended as part of the Healthcare Services. All medical providers delivering Healthcare Services through the Platform are independent professionals contracted or employed with affiliated professional entities that coordinate with Benhuri Wellness Clinic and are solely responsible for the Healthcare Services provided to you. Benhuri Wellness Clinic does not provide any Healthcare Services through the Platform and is not licensed to practice medicine. Benhuri Wellness Clinic does not control or interfere with the provision of Healthcare Services by medical providers and affiliated professional entities, each of whom is independent and solely responsible for the Healthcare Services provided to you. Therefore, you understand and agree that Benhuri Wellness Clinic is not responsible for Healthcare Services or your use of any Healthcare Services provided by a medical provider or affiliated professional entity, including any personal injury or property damage. By accepting this Agreement, you also understand and agree that Benhuri Wellness Clinic is not acting as a pharmacy, nor do we control or interfere with any such services. You understand and agree that you may be entering into a relationship with a pharmacy, pharmacist, and/or pharmacy group, or other relationships with one or more such third-party entities.

IV. Eligibility

To use the Services available through the Platform, you must meet the following criteria:

• You must be at least 18 years old.
• You must reside in the United States in a state or territory where the Services are offered.
• You must agree to adhere to and be legally bound by these Terms of Use.
• You need compatible computing and/or mobile devices, Internet access, and any necessary software to use the Platform. Be aware that fees may apply for mobile services and Internet usage.

Meeting these requirements does not guarantee that you will receive the Services through the Platform. The organization reserves the right to change or add new eligibility criteria at its discretion without prior notice. Additionally, medical providers and affiliated entities may evaluate whether specific criteria apply to your use of the Platform for Healthcare Services on a case-by-case basis and may determine that the Services are not appropriate for certain users.

V. Availability

The Services are currently available to individuals in selected states. To find out which states are included, please contact customer service.

VI. Registration, User Accounts, and User Data

While some parts of the Platform can be accessed by anyone, registration is required to access the Services. The Services are only available to users who have registered and to those affiliated with the organization who have been granted usernames and passwords. Please note that the Platform may not always be accessible, and the organization will not be responsible if the Platform is unavailable for any reason. When you register an account, you may be required to enter or submit user information or data (“User Data”) through forms on the Platform. By providing User Data, you acknowledge and agree that it may be used, copied, or displayed. The organization may create derivative works based on your data and share this information with service providers, successors, assigns, and medical providers as part of delivering the Services. You grant the organization and its service providers, successors, assigns, and medical providers the right and license to use, reproduce, modify, analyze, perform, display, distribute, and disclose to third parties any User Data you submit through the Platform. This usage may include purposes related to providing the Services, conducting research or analyses, and designing, developing, implementing, modifying, or improving features, products, and services based on such data.

VII. Your Responsibilities and Acknowledgment

To use the Services available through the Platform, you agree to the following:

• All information you provide on the Platform is accurate, complete, and up to date. You are responsible for maintaining and updating your information as necessary.
• Your access to the Platform is personal, meaning it is intended for your use only. Your identification information must be truthful, and you must keep your username and password confidential. You are responsible for all activities that occur under your account. Always log out of your account after each session, and change your password immediately if you suspect it has been compromised. Sharing your password or creating multiple accounts is prohibited. Additionally, you may not use another person’s account.

If you become aware of any unauthorized use of your account or any other security breaches related to the Services, you must notify us immediately at the provided support email. You may be asked to provide additional information to facilitate Healthcare Services or fulfill a prescription. While you may choose to withhold certain information, doing so may prevent you from using the Platform and related services. You acknowledge that the provision of Healthcare Services depends on the accuracy and completeness of your information. If your information is found to be inaccurate or incomplete, or if there are reasonable grounds to suspect this, we reserve the right to suspend or terminate your account and access to the Services. We may take necessary actions to ensure the security of the Platform and your account.

VIII. Restrictions on Use

You agree not to use the Platform, or allow others to use it, except as expressly permitted by these Terms. You will not:

• Use or attempt to use the Platform for anyone other than yourself.
• Access or use the Platform in any way that infringes on third-party rights or violates applicable laws and regulations, or these Terms.
• Modify your mobile operating system in any way. The Platform is designed for use only on devices with unaltered, manufacturer-approved operating systems. Using a modified device could compromise the security of your protected health information (PHI).
• License, sublicense, sell, resell, transfer, assign, or distribute the Platform or its materials for commercial purposes.
• Use the Platform to create or develop competing products or services or for any purpose that may disadvantage us commercially.
• Take any action that could damage, disrupt, or impair the Platform or its content.
• Attempt to gain unauthorized access to our Platform or any associated computer network.
• Bypass or circumvent any security measures in place to protect the Platform.
• Upload or propagate any harmful computer code that could damage or alter any system or the Platform.
• Remove or obscure any trademarks, copyright notices, or other proprietary rights from the Platform or its content.
• Use manual or automated processes to monitor or copy any content from the Platform for unauthorized purposes.
• Duplicate, store, publish, transmit, or otherwise reproduce any data or content from the Platform without permission.
• Encourage or enable others to engage in any of the above actions.

IX. Licensing

Provided you comply with these Terms, we grant you a personal, limited, revocable, non-exclusive, and non-transferable license to view, download, access, and use the Platform and its content solely for your personal, non-commercial use. No other rights are granted to you, and all rights not expressly stated are reserved.

X. Disclaimer of Limited Healthcare Services

The Platform is designed for specific healthcare services and should not be considered a substitute for comprehensive medical advice, care, diagnosis, or treatment. Always consult with your physician or a qualified healthcare provider regarding any questions you may have about your health, medical conditions, or medications. This includes before starting or stopping any treatment or medication.

XI. Telehealth Consent

Telehealth involves the use of electronic communications, information technology, and various means to connect patients at one location with licensed, certified, or registered healthcare professionals at another location for clinical matters. While Telehealth offers several advantages, it also comes with certain risks, similar to other medical procedures. We encourage you to carefully review the full Telehealth Informed Consent, which details the treatment methods, risks, and limitations associated with using Telehealth services for your health and wellness needs. To receive Healthcare Services, you must agree to the Telehealth Informed Consent. By utilizing the Services, you acknowledge and agree that Benhuri Wellness Clinic LLC is a beneficiary of the Medical Consent and holds the right to enforce it. For further inquiries or assistance, please contact us at: [email protected]

XII. Payment

By providing your information for Health Care Services, you agree to pay all applicable fees. By entering your payment details and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. Please note that if you receive a medical consultation, the associated fees are non-refundable. We cannot accept returns on prescription products for reuse or resale, and all sales are final. If you believe there has been an error, please contact us through your Libra Rx portal. For further inquiries or assistance, please contact us at: Benhuri Wellness Clinic 9400 Brighton Way, Suite 210 Beverly Hills, CA 90210 Email: [email protected] Phone: (310) 362-1255 You understand that you are responsible for all fees associated with receiving the Services, including charges from medical providers and affiliated medical entities. Be aware that the final charge to your credit card may vary based on the prescribed medication and the pharmacy selected for order fulfillment. Should any discrepancies arise, a member of our support team will promptly inform you. We collect essential payment information, such as credit card numbers and security codes, solely for the purpose of processing payments. All payment information is securely protected within the infrastructure provided by Stripe. For further details on data privacy practices, please review the privacy notice available at: https://stripe.com/privacy. You also acknowledge that Benhuri Wellness Clinic-affiliated medical providers are not contracted with any health insurance plans (including commercial or government plans, i.e., “out-of-network” providers). Consequently, you understand that you are solely responsible for all fees incurred while receiving Healthcare Services, including any charges by medical providers and affiliated medical entities. Payments collected by Benhuri Wellness Clinic will encompass fees from medical providers for Healthcare Services. If your credit card expires or if Benhuri Wellness Clinic, our affiliates, or our third-party payment processors are unable to process your payment, you will be notified to provide an alternative payment method. Benhuri Wellness Clinic and/or the medical provider(s) are not obligated to provide Healthcare Services until full payment has been received and/or verified. Furthermore, since Benhuri Wellness Clinic medical providers are not contracted with any health insurance plans to deliver Healthcare Services, including federal or state government health care programs like Medicaid and Medicare, any prescription medications or laboratory services ordered by Benhuri Wellness Clinic medical providers may not be covered.

XIII. Privacy

Benhuri Wellness Clinic recognizes the significance of confidentiality and privacy regarding your information. Please refer to our Privacy Policy for an overview of how we may collect, use, and disclose your information in connection with the Platform.

XIV. Intellectual Property

Benhuri Wellness Clinic retains exclusive ownership of all rights, titles, and interests in the Platform and its content, features, and functionality. This includes, but is not limited to, all information, software, text, displays, images, video, audio, selection, arrangement, and overall appearance, along with any intellectual property rights associated with them. Any modifications, enhancements, adaptations, translations, or derivative works created from the Platform will be solely owned by Benhuri Wellness Clinic or its licensors. You are permitted to use the Platform solely for personal, non-commercial purposes, provided you comply with these Terms. No other rights in the Platform are transferred to you, and all rights not expressly granted are reserved by Benhuri Wellness Clinic or its affiliates. Certain names, logos, and other materials displayed throughout the Platform may constitute trademarks or service marks of Benhuri Wellness Clinic or its affiliates. You are not authorized to use any of these trademarks without the express written permission of Benhuri Wellness Clinic or its affiliates. Ownership of these trademarks, along with the goodwill associated with them, remains with Benhuri Wellness Clinic or its affiliates. Benhuri Wellness Clinic 9400 Brighton Way, Suite 210 Beverly Hills, CA 90210 Email: [email protected] Phone: (310) 362-1255

XV. Third-Party Links and Websites

The Platform may contain hyperlinks or references to third-party websites (“Linked Sites”). These Linked Sites are not under our control, and we are not responsible for the information, products, or services described therein or for the content of any Linked Site, including any links contained within it, or any changes or updates made to those Linked Sites. We provide these Linked Sites solely for your convenience; the inclusion of any link does not imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we will not be liable to you for any content, errors, damages, or losses arising from or in connection with your use of or reliance on information provided by these Linked Sites.

XVI. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM AND SERVICES PROVIDED BY BENHURI WELLNESS CLINIC LLC ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. BENHURI WELLNESS CLINIC LLC, ALONG WITH ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY REFERRED TO AS “RELATED PERSONS”), MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM AND SERVICES. THIS DISCLAMATION INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, AS WELL AS WARRANTIES CONCERNING THE TIMELINESS, FUNCTIONALITY, RELIABILITY, AND SPEED OF DELIVERY.

XVII. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, BENHURI WELLNESS CLINIC LLC AND ITS RELATED PERSONS OR LICENSORS WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES ARISING UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING TORT (SUCH AS NEGLIGENCE), CONTRACT, OR STRICT LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SUCH AS LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, OR SYSTEM FAILURE. SUBJECT TO APPLICABLE LAW, BENHURI WELLNESS CLINIC LLC’S TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS (USD $100.00).

XVIII. Indemnification

You agree to indemnify, defend, and hold harmless Benhuri Wellness Clinic and its Related Persons, licensors, and suppliers from any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising from or related to:

• Any breach of these Terms by you.
• Your unauthorized use of materials or features available on the Platform.
• Any violation by you of applicable laws, rules, or regulations.

XIX. Modifications to the Platform

Benhuri Wellness Clinic reserves the right to modify, temporarily suspend, or permanently discontinue the Platform or any part thereof, at any time and for any reason, with or without notice. You agree that Benhuri Wellness Clinic shall not be liable to you or any third party for any modifications, suspensions, or discontinuances of the Platform.

XX. Suspension and Termination of Rights

These Terms will remain in full force and effect as long as you continue to access or use the Platform. You may terminate these Terms at any time by ceasing all use of the Platform. Your right to use the Platform will automatically terminate if you violate these Terms. Benhuri Wellness Clinic may terminate or suspend any rights granted to you under these Terms and your access to the Platform at any time, with or without prior notice, for any reason.

XXI. Governing Law; Dispute Resolution; Arbitration

Both you and Benhuri Wellness Clinic agree that any disputes arising between us, whether involving a third party or not, concerning your relationship with Benhuri Wellness Clinic (including those related to this User Agreement, your use of our services, and your privacy or publicity rights) will be settled exclusively through binding arbitration. You and Benhuri Wellness Clinic mutually agree that class or representative arbitrations, as well as class or representative actions, are prohibited under any circumstances. Both parties waive the right to participate in any class action or class arbitration. You and Benhuri Wellness Clinic expressly waive the right to a jury trial.

XXII. Copyright Infringement

Benhuri Wellness Clinic complies with the Digital Millennium Copyright Act (“DMCA”). If you believe copyrighted content is available on or through our Platform that infringes your rights, you may submit a notification to our Designated Agent at: Email: [email protected]

XXIII. Miscellaneous

These Terms constitute the complete understanding and agreement between you and Benhuri Wellness Clinic regarding the subject matter herein. If any provision is found to be invalid by a court of competent jurisdiction, the remaining provisions will continue in effect. You may not assign your rights or obligations under these Terms without prior written consent from us.

XXIV. Contact Information

If you have any questions or concerns, please contact us: Benhuri Wellness Clinic 9400 Brighton Way, Suite 210 Beverly Hills, CA 90210 Email: [email protected] Phone: (310) 362-1255