Celara Med LLC – Terms of Use

Terms of Use Acceptance

By clicking “I Agree” (or otherwise using the Website), you confirm that you have read, understand, and agree to be bound by these Terms of Use (“Agreement”). If you do not agree, do not create a Customer or Brand Partner account and do not access or use the Website.

If you accept these Terms on behalf of another person or entity, you represent that you have authority to bind them to this Agreement.

Emergency Notice / Medical Disclaimer

If you are experiencing a medical emergency, seek in-person emergency care immediately or dial 911. The Website is not appropriate for every medical condition or concern. This Agreement may be updated as described below. Always consult your primary care provider before beginning any new treatment.

Introduction

This website, [www.celaramed.com], and any mobile application, platform, portal, or system connected with it, including all information stored within it and any products or services made available through it (collectively, the “Website”), are owned and operated by Celara Med LLC (the “Company,” “we,” “us,” or “our”).

The Website provides information, education, and access to certain services and products to users (“you” or “Customer”). Certain features may be subject to additional guidelines, terms, or rules that will be posted in connection with those features, and those additional terms are incorporated into these Terms of Use by reference.

Customer Account

You are not required to register to browse portions of the Website. However, some services are available only to users who create an account or are granted access credentials (“Customer Accounts”) with usernames and passwords.

You represent and warrant that all registration information you provide is accurate and complete, and that you will keep that information current (including your email address). The Company may suspend or terminate your Customer Account as permitted by these Terms of Use.

Account Security

You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. You agree to notify the Company immediately of any unauthorized use or suspected unauthorized use of your Customer Account or any other security breach by emailing [email protected].

You are responsible for logging out when you are not actively using your account, securing your computer/phone/devices against unauthorized physical access, and protecting your username and password. You may not use another person’s account at any time. The Company is not responsible for any loss or damage arising from your failure to follow these security obligations.

Electronic Communication Consent

When you visit the Website and/or contact us by phone, text message, or email, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by text message, email, or by posting notices on the Website or within your customer portal/back office.

You agree that agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You also agree that electronic notices are considered given and received on the date we transmit or post them.

SMS/Text Messaging

By providing your mobile number, you agree that you may be contacted by or on behalf of Celara Med at the mobile number you provided. Message and data rates may apply. Message frequency varies. To stop receiving text messages, reply STOP. We may confirm your opt-out by text message.

If you subscribe to multiple categories of messages, we may unsubscribe you from the category that most recently sent a message, or we may ask you to specify which messages you want to stop. If you withdraw consent to receive texts, certain Website/Platform functions may no longer be available, and you may miss important service reminders or updates.

Recording Consent

Celara Med and/or participating providers may record (audio and video) all or part of your interactions (“Recordings”). Recordings may be used for quality assurance, training, service delivery, and improvement of the Website/Platform. We will treat Recordings as confidential and will not publicly share them unless legally required (for example, pursuant to a court order). By using the Website/Platform, you consent to such Recordings as described here and in the Privacy Policy.

Underage Use

The Website is intended for individuals 18 years of age or older. Individuals under 18 are prohibited from using any part of the Website or entering into this Agreement, even if a parent or legal guardian is willing to provide consent. If you are a parent or guardian and believe a minor has used the Website without your consent, contact [email protected].

Revisions to Terms of Use

The Company may update these Terms of Use at any time by posting an updated version on the Website. Changes become effective upon posting. Your continued use of the Website after changes are posted constitutes acceptance of the updated terms. If you do not agree, do not use the Website or any services offered through it. Use of the Website is subject to this Agreement and applicable laws and regulations.

Your Relationship With Us & Third Parties

We may make available products and services offered by the Company and/or by third-party medical providers, pharmacies, or other vendors through the Website. Prescription fulfillment services may be provided through third-party pharmacies. We may also provide access to independent third-party providers and/or medical groups (the “Providers”) who offer independent medical services.

By accepting these Terms, you acknowledge and agree that services or products received from Providers and/or pharmacies may be subject to this Agreement, and that those parties may be third-party beneficiaries of this Agreement where applicable.

We do not control or interfere with the practice of medicine by Providers. Each Provider is solely responsible for directing the medical care and treatment they provide to you. You acknowledge that Celara Med is not a healthcare provider and that use of the Website does not create a doctor-patient relationship between you and Celara Med. Your use of the Website may, however, create a doctor-patient relationship between you and a Provider.

We also do not control or interfere with professional services provided by pharmacies, and each pharmacy is solely responsible for the professional services it provides.

Provider Communications

By accepting this Agreement, you understand and agree that Providers may send messages, reports, and emails to you through the Website, email, and SMS regarding diagnosis and/or treatment.

You understand that Celara Med is not responsible for the security or privacy of third-party communications services you use to receive communications (such as your mobile carrier or email provider). You are solely responsible for monitoring and responding to Provider communications. Neither Celara Med nor Providers are responsible for any loss, injury, or claim resulting from your failure to read or respond to these communications or follow treatment recommendations.

Subscriptions, Prescriptions, and Services

Certain services may be offered on an automatically renewing subscription basis. By purchasing a subscription, you authorize Celara Med to charge your selected payment method at the intervals disclosed during checkout, in purchasing agreements, and/or on the product page.

Your subscription continues until canceled in accordance with these Terms. It is your responsibility to manage your subscription. If you do not cancel at least 72 hours before your renewal date, your subscription will renew automatically and you remain responsible for the charges. Renewal timing is based on the subscription duration from your original purchase. Cancellation takes effect at the end of the current subscription period.

Cancellation

You may cancel your subscription by emailing [email protected] at least 72 hours prior to renewal.

Administrative Cancellation Fee / Refund Limits

If you cancel after payment is processed but before a prescription is transmitted to a Provider or pharmacy, a $99 administrative cancellation fee may be deducted from any eligible refund. If the prescription has already been processed by the pharmacy, you are responsible for the full subscription cost and no refund will be available.

If a service requires a minimum initial term (for example, a three-month minimum), failure to cancel before renewal may make you responsible for the full renewal term, even if you do not use the service. If you are paying in installments, you remain responsible for any remaining balance if you cancel mid-term.

Required Documentation and Reassessments

Patients are responsible for providing requested documentation (which may include photos, videos, ID verification, or medical assessments). Delays in providing requested information may delay service or fulfillment. Payment obligations still apply regardless of documentation timing. Where required, medical reassessments must be completed prior to shipment.

Financing Plan Changes

If you are using a financing option and wish to switch to a full payment plan after renewal, contact support within seven (7) business days. If applicable, we may charge the remaining balance without a finance charge.

Courtesy Communications

Celara Med and/or Providers may contact you as a courtesy for updates or renewals, but you remain solely responsible for managing your subscription. For questions, contact [email protected].

Notice Regarding Financial Responsibility for Services

Celara Med is not enrolled as a participating provider in federal or state healthcare programs (e.g., Medicare or Medicaid) for the provision of healthcare services or supplies, and payment from such programs is not available for services or products provided through the Website. Even where a pharmacy or Provider may participate in such programs, the manner in which services/products are provided through the Website typically means they are not covered benefits.

By using the Website, you are choosing to obtain products and services on a cash-pay basis outside of any federal or state healthcare program. You are solely responsible for all costs. Neither you nor Celara Med, pharmacies, or Providers will submit claims for reimbursement to federal or state healthcare programs for costs of services or products provided through the Website.

Payment Default Policy

Timely payment is required for all services and subscriptions. Payments not received by the due date are delinquent. We may attempt to collect payment daily for three (3) days. If payment is not received by the end of the third day, a $30 late fee may be assessed. Additional collection attempts may occur, including notifications.

After a 30-day grace period, you may receive a final warning. If payment remains unpaid, the account may be sent to a collection agency.

You are responsible for ensuring you have not opted out of communications and that adequate funds are available. We are not required to provide notice before assessing late fees. We may issue a delinquency notice requiring payment within three (3) business days. If payment (including late fees) is not made within thirty (30) calendar days of such notice, the account may be deemed in default, which may result in suspension of services, termination, and additional lawful collection activity.

For assistance, contact [email protected].

Collections / Collection Agency

If an account is past due, we may send written notice by email. If the account remains past due for thirty (30) calendar days, it may be referred to a collection agency, including applicable penalty and collection fees. Any additional fees imposed by a collection agency—where permitted by law—are the customer’s responsibility and may be added to the defaulted amount.

Child-Resistant Packaging

Use caution when storing medication. Prescriptions filled by pharmacies may not be provided in child-resistant packaging or containers.

Consent to Use Telehealth Services

Telehealth involves delivery of healthcare services using electronic communications and information technology between a Provider and a patient who are not in the same physical location. Telehealth may offer benefits but also involves risks, and it is not a substitute for in-person care in all cases.

To use telehealth services, you will be required to review and agree to a telehealth informed consent (“Patient Consent”) presented through the Website. You agree that Celara Med may be a third-party beneficiary of the Patient Consent.

Duty to Provide Connectivity, Access, and Information

You are responsible for providing, at your expense, compatible hardware, software, and Internet access to use the Website, including a device with video capability where required. You are responsible for any Internet or mobile fees.

You agree to provide truthful, accurate, and complete information in any forms or communications submitted through the Website. We may modify technical requirements at any time without prior notice.

Protected Health Information

When you create an account, you establish a customer relationship that enables access to Website functions. In that context, you provide certain information (such as name, email, shipping address, and phone number), which we may use and disclose in accordance with our Privacy Policy.

You may also provide medical information that could be protected by applicable laws. Celara Med is not necessarily a “covered entity” under HIPAA. Providers and pharmacies may be covered entities and/or business associates, and Celara Med may, in certain circumstances, act as a business associate.

Where Celara Med is deemed a business associate, it may be subject to HIPAA requirements for “protected health information” as defined by HIPAA that is provided to Providers or pharmacies. Information that is not protected under applicable law may be used or disclosed as permitted by our Privacy Policy. De-identified information is not considered protected health information under HIPAA.

Providers may adopt their own telehealth consent and privacy notices. By using the Website, you acknowledge receipt of applicable notices and agree that information submitted to Celara Med that is not intended solely for diagnosis/treatment by Providers or prescription fulfillment by pharmacies may not be treated as protected health information and will be governed by our Privacy Policy and applicable state laws.

Jurisdiction (California)

These Terms of Use are governed by and construed in accordance with the laws of the State of California, and applicable United States federal law, without regard to conflict-of-law provisions.

Arbitration (AAA) – Remote / Virtual; No Class Actions

Subject to these Terms of Use, any dispute, controversy, or claim arising out of or relating to this Agreement shall be resolved through mandatory binding arbitration administered by the American Arbitration Association (“AAA”). This Agreement includes an arbitration provision. No class or representative court action and no jury trial is permitted.

Arbitration means a dispute is referred to one or more impartial persons for a final and binding determination. The arbitration shall be conducted under AAA rules, and the proceeding will be conducted remotely by video conference or other virtual means, unless the parties mutually agree otherwise.

Before initiating arbitration, you must send notice to the Company at [email protected]. Any claim must be initiated within one (1) year of the event giving rise to the dispute (or to the maximum extent permitted by law).

Disputes may only be resolved through individual arbitration and may not be brought as a class action, class arbitration, or any other proceeding where a person acts in a representative capacity. The arbitrator has no authority to conduct class arbitration or consolidate claims.

Both parties will keep the dispute confidential to the maximum extent permitted by law. If any portion of this arbitration provision is found invalid, the invalid portion will be severed and the remainder will remain in effect.

California Civil Code §1542 Waiver

By agreeing to these Terms, you waive rights under California Civil Code §1542, which provides:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Contacting Us

If you have questions about this Agreement, contact:

Celara Med LLC
Email: [email protected]
Phone: 866-777-3321
Support Hours: 9am-5p PST M-F