Last Updated: January 23, 2024
ClearedRx is designed for non-emergency medical concerns specifically related to antifungal conditions. If you believe you are experiencing a medical emergency, please dial 911 or contact a local healthcare provider immediately.
This Terms of Use Agreement (in conjunction with ClearedRx’s Privacy Policy) governs the use of all websites (the “Sites”) linked to this Agreement, along with any related services, features, content, or applications (collectively with the Sites, the “Services”) offered by ClearedRx and our affiliated brands and products. The terms “we,” “us,” “our,” and “ClearedRx” refer to ClearedRx, a subsidiary of Blue Bench Media LLC, located at 1902 Thomes Ave Unit 202A, Cheyenne, WY 82001.
Please read this Terms of Use Agreement carefully since it outlines the legally binding terms and conditions for your use of our Services.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION CLAUSE IN SECTION XXI THAT COMPRISES A WAIVER OF CLASS ACTIONS, CLASS ARBITRATION, AND JURY TRIALS. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.
PLEASE REVIEW THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE OR ANY OF OUR SERVICES.
These Terms of Use (the “Terms”) detail your rights and obligations regarding the ClearedRx website (the “Platform”), which is owned and operated by ClearedRx. For purposes of these Terms, “we,” “our,” and “us” refer to ClearedRx and any of our subsidiaries or affiliated products. “You” and “your” refer to the individual user utilizing the Platform. Your use of the Platform is regulated by these Terms and our Privacy Policy. By accessing or making use of the Platform, you acknowledge that you have read, understood, and agree to be legally bound by and comply with these Terms and our Privacy Policy.
Although you may have arrived at the Platform via a site operated by a third party, including an affiliate of ClearedRx, you acknowledge and agree that these Terms constitute an agreement directly between you and ClearedRx. You also acknowledge that the Platform and any associated services offered by ClearedRx (excluding the Healthcare Services described in these Terms) are provided by ClearedRx.
By entering and using the Platform, you provide affirmative consent to do business electronically with ClearedRx. You also agree to engage in health-focused services with licensed medical professionals affiliated with ClearedRx in a manner that holds the same legal impact as your handwritten signature. You further consent to receiving any relevant disclosures, messages, notices, and other communications to your specified email address or mobile phone number. If you disagree with any provision in these Terms or our Privacy Policy, you are not permitted to use the Platform.
This Agreement sets out significant conditions you need to know and comprehend, as well as the Services you are requesting.
We reserve the right to revise these Terms, wholly or partially, at any time and for any reason, at our sole discretion, without penalty to you or any third party. We recommend checking these Terms periodically to stay informed of any changes. The “Last Updated” date at the top indicates when these Terms were most recently revised. Your continued use of the Platform after any amendments have been posted is considered acceptance of the modified Terms. If any provision of the updated Terms is unacceptable to you, your exclusive remedy is to stop using the Platform.
You acknowledge and agree that the Platform is meant to enable specific services (the “Services”): (a) collecting and organizing health records and relevant data for medical provider consultations; (b) providing administrative support for scheduling and payment linked to Healthcare Services; (c) offering administrative support for prescription medication fulfillment and payment, when these are ordered or prescribed by licensed healthcare professionals providing Healthcare Services; and (d) delivering telecommunications and technical assistance so that users can directly connect with medical providers from affiliated professional entities for consultation, diagnosis, and treatment.
You understand that the Platform collects unique information from you (“Your Information”) to enable a licensed medical provider delivering Healthcare Services to assess whether a certain medication or diagnostic test is suitable for you. This unique data may consist of health-related information (e.g., current and past health status, prescription history, etc.), diagnostic tests (as required), and demographic or personal data (e.g., your location and contact details). You also acknowledge that after reviewing Your Information, the medical provider will independently decide whether to prescribe medication, provide any other form of treatment, or advise an alternative medical pathway (“Healthcare Services”).
You hereby consent to allowing ClearedRx to share Your Information with affiliated professional entities and their medical providers for the purpose of delivering Healthcare Services. Furthermore, you permit ClearedRx to transfer Your Information to partner pharmacies, laboratories, and diagnostic testing facilities to facilitate prescription fulfillment or related payments that are part of your Healthcare Services.
All healthcare professionals delivering Healthcare Services through the Platform operate: (i) as independent providers employed or contracted by affiliated professional entities in coordination with ClearedRx, and (ii) have sole responsibility for the Healthcare Services they provide you.
ClearedRx itself does not offer or practice Healthcare Services and is not a licensed medical provider. ClearedRx does not exercise control over nor interfere with the clinical judgment of medical providers or affiliated professional entities. You therefore accept that ClearedRx bears no responsibility for the Healthcare Services offered by these providers, including any personal injury or property damage arising from your use of such services.
By agreeing to these Terms, you additionally recognize that ClearedRx is not a pharmacy and has no direct oversight of any pharmacy services. Therefore, you understand that you may separately establish a relationship with a pharmacy or pharmacy partner, as needed for the fulfillment of any medication or prescription ordered by a licensed provider.
To utilize the Services through the Platform, you must meet the following criteria:
1. You are at least 18 years old.
2. You reside in the United States in a state or territory where the Services are presently offered.
3. You agree to abide by these Terms of Use without exception.
4. You possess appropriate hardware (e.g., computer or mobile device), internet access, and any essential software for the Platform’s operation, and you acknowledge you may incur charges for data usage or other related costs.
Fulfilling the above requirements does not automatically guarantee you will receive the Services. ClearedRx and its affiliated professional entities maintain the right to update or impose additional eligibility criteria at their discretion and without notice. Also, based on medical necessity and professional judgment, providers and entities delivering Healthcare Services can decide on a per-case basis if certain additional conditions apply to access the Platform, or whether the Services are suitable for a given user. For more information on the criteria, contact: support@clearedrx.com.
The Services may only be available in certain U.S. states and territories at this time. For details about specific availability, you may reach out to our customer support at support@clearedrx.com.
While some portions of the Platform might be open-access, you must register an account to access and benefit from the Services. These Services are strictly available to registered users of ClearedRx or individuals permitted account access (with assigned usernames and passwords). The Platform may be inaccessible at times, for any reason, without liability on ClearedRx’s part.
Upon creating an account, you may be asked to provide information or data (“User Data”) via online forms. You understand that any User Data you submit may be used, copied, or displayed by ClearedRx, and that ClearedRx might produce derivative content from it. We may also share User Data with our service providers, successors, assigns, and affiliated medical entities to deliver our Services, conduct research or data analysis, and design or improve features of the Platform.
By providing User Data, you grant ClearedRx, its affiliates, successors, assigns, service providers, and medical professionals the right to use, reproduce, modify, analyze, display, distribute, and disclose that data as necessary to fulfill your requested Services and for ongoing improvements or related operational functions.
You agree to abide by the following obligations in order to use the Services:
1. You promise that Your Information submitted through the Platform is both accurate and comprehensive, and you will update it as needed.
2. You understand that your use of the Platform is personal and non-transferable; you will not share your login credentials or create multiple accounts. The accuracy of your personal data and identity is your responsibility.
3. You will keep your username and password confidential, and log out after every session. You must promptly notify ClearedRx at support@clearedrx.com if you detect any unauthorized account use or suspect a security breach.
4. Additional details may be requested for the provision of Healthcare Services; you may choose not to share these, but doing so may prevent you from using the Services.
5. You acknowledge that Healthcare Services rely on correct and complete information about you. ClearedRx does not verify all user data and thus is not accountable for consequences arising from inaccurate or incomplete information. If we suspect the data is incorrect or incomplete, we reserve the right to suspend or terminate your account. Additionally, we may take any necessary steps to protect the Platform’s security, including your data.
By using our Platform, you agree not to:
1. Use the Platform or Services on behalf of any individual other than yourself.
2. Access or utilize the Platform in a manner that infringes upon or violates the rights (intellectual property or otherwise) of any party, or that violates any federal, state, or local law.
3. Modify or “jailbreak” your mobile device’s operating system, as it may defeat security functions designed to protect your health information. Doing so constitutes a serious breach of these Terms.
4. Resell, transfer, assign, distribute, or otherwise commercially exploit the Platform or any related materials to a third party.
5. Use the Platform to create competing products or for any purpose detrimental to ClearedRx’s commercial interests.
6. Interfere with, disrupt, or degrade any part of our Platform, its content, security systems, or underlying network.
7. Attempt to bypass or breach any security mechanism employed by ClearedRx or its service providers.
8. Transmit viruses, Trojan horses, or other malicious code that may harm or hijack the proper functioning of hardware, software, or data.
9. Remove, alter, or obscure any trademark, copyright notice, or other proprietary markings from the Platform.
10. Use manual or automated tools to harvest or copy content from the Platform for unauthorized purposes, unless explicitly allowed under Section XIII (Privacy).
11. Duplicate, publish, store, transmit, or otherwise reproduce any portion of the Platform or the data therein for uses beyond those authorized in these Terms.
12. Encourage or assist anyone in any of the aforementioned prohibited activities.
Subject to these Terms, ClearedRx grants you a personal, non-transferable, non-exclusive, and revocable license to view, download, and use the Platform’s materials for your personal, non-commercial objectives. All rights not expressly granted remain with ClearedRx and its licensors. You are not permitted to replicate, sell, or exploit the Platform’s content, in whole or in part, for commercial gain without explicit written consent.
The Platform focuses on specific antifungal conditions and is not intended as an all-encompassing resource for medical information, nor is it a substitute for comprehensive professional diagnosis or treatment. Always consult a qualified healthcare professional regarding any concerns you may have about general health, medications, or specific medical conditions.
Telehealth involves electronic and technological communications that allow patients and licensed or certified medical professionals to connect despite being in different locations. While telehealth can offer many benefits, it also comes with potential risks. A Telehealth Informed Consent will be provided to you, detailing these risks and limitations. You must consent to the Telehealth Informed Consent before receiving Healthcare Services.
By utilizing the Services, you acknowledge that ClearedRx is a beneficiary of the Telehealth Informed Consent and may enforce its conditions.
By submitting Your Information for Healthcare Services, you agree to pay all applicable fees. By entering your payment information and finalizing your request, you authorize ClearedRx or its third-party payment processors to charge the indicated amounts. Consultation fees for medical assessments are non-refundable once a consultation has occurred. Additionally, because prescription medications are personalized and cannot be resold, all sales of those products are final. If you suspect any billing errors, contact us at support@clearedrx.com.
Refund Policy: You acknowledge and agree that you might be eligible for a refund of your payment if you can demonstrate that, after following the prescribed antifungal treatment regimen diligently for at least five (5) consecutive months, there has been no clinical improvement in your infection according to the independent assessment of the prescribing medical provider. Any refund inquiry must be supported by relevant documentation and will be evaluated on a case-by-case basis.
You also understand you are accountable for all fees for the Services, including fees set by medical professionals and affiliated provider entities. Actual charges may vary depending on the prescribed medication and your chosen pharmacy. Should there be any discrepancy, our support team will inform you promptly. We only collect necessary payment information (e.g., credit card details) to process these fees. Payments are securely handled by a third-party payment processor. For additional information, please refer to their privacy notice.
You acknowledge that ClearedRx-affiliated medical entities do not engage in network contracts with health insurance plans (commercial or government) and therefore you bear complete financial responsibility for fees from these medical providers. Amounts collected by ClearedRx often include charges levied by the medical professionals for Healthcare Services. If your payment method expires or encounters processing issues, ClearedRx may notify you to provide another payment option. Neither ClearedRx nor its providers have any obligation to continue offering Healthcare Services until due payments are verified and settled.
You also recognize that because ClearedRx-affiliated providers are typically out-of-network for health insurers, any prescriptions or lab orders placed by these professionals may also not be covered by your insurance.
ClearedRx respects the importance of your privacy and confidentiality. Please review our Privacy Policy, which explains how we collect, use, and share Your Information in connection with your use of the Platform.
All rights, title, and interest in the Platform and its content (e.g., text, software, images, video, audio) and all intellectual property associated with the Platform belong solely to ClearedRx or its licensors. Any derivative works or suggestions you offer to ClearedRx become its exclusive property. You are permitted to use the Platform solely for your personal, non-commercial reasons, in accordance with these Terms. Ownership of trademarks, service marks, and branding materials displayed on the Platform remains exclusively with ClearedRx or its affiliates. You have no authorization to utilize these marks without explicit written permission from ClearedRx or the relevant affiliate.
The Platform may contain hyperlinks to external websites operated by third parties (“Linked Sites”). ClearedRx does not control the content or functionality of these Linked Sites and is not responsible for any information, products, or services they offer. We provide these links solely for convenience, and their inclusion does not necessarily indicate our endorsement. Your engagement with any Linked Site is at your own risk, and ClearedRx is not liable for damages or harm stemming from such interactions.
If you arrived at the ClearedRx Platform through a Linked Site maintained by an affiliate or a third party, you accept that ClearedRx does not assume responsibility for content or services on that Linked Site. Your usage of our Platform is still governed by these Terms of Use, regardless of the route you took to access it.
YOU AGREE THAT THE PLATFORM AND ITS ASSOCIATED SERVICES ARE OFFERED “AS IS” AND “AS AVAILABLE.” YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK. CLEAREDRX AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, OR ACCURACY. WE MAKE NO ASSURANCES THAT YOUR USE OF THE PLATFORM WILL NOT VIOLATE THIRD-PARTY RIGHTS.
TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER CLEAREDRX NOR ITS RELATED ENTITIES ASSUME LIABILITY FOR ANY LOSS OR DAMAGE YOU MAY EXPERIENCE THROUGH YOUR RELIANCE ON THE PLATFORM. IT IS YOUR OBLIGATION TO JUDGE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE PLATFORM. FURTHER, CLEAREDRX DOES NOT GUARANTEE THAT THE PLATFORM WILL BE FREE FROM INTERRUPTION, ERROR, HACKING, OR OTHER SECURITY BREACHES, AND DISCLAIMS ANY LIABILITY ARISING FROM SUCH CIRCUMSTANCES.
ANY MATERIAL OR INFORMATION YOU OBTAIN THROUGH THE USE OF THE PLATFORM IS ACCESSED AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA RESULTING FROM SUCH DOWNLOADS OR USE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEAREDRX AND ITS RELATED PARTIES SHALL NOT BE RESPONSIBLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DATA, OR REPUTATION, SERVICE DISRUPTION, DEVICE OR SYSTEM FAILURE, PERSONAL INJURY, OR WRONGFUL DEATH, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY SERVICES RECEIVED THROUGH IT, EVEN IF CLEAREDRX HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
WHERE PERMISSIBLE BY LAW, CLEAREDRX’S TOTAL LIABILITY FOR ANY CLAIM UNDER THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100). SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIABILITY RESTRICTIONS, SO THESE LIMITS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless ClearedRx and its related parties, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys’ fees) stemming from your breach of these Terms, unauthorized use of the Platform or its content, or infringement of any applicable laws by you or any party accessing the Platform via your account.
ClearedRx reserves the right to modify or discontinue, temporarily or permanently, the Platform or any feature thereof at any time, with or without notice and without liability. You agree that ClearedRx shall not be held responsible for any modification, suspension, or discontinuance of the Platform.
These Terms remain effective so long as you continue to use the Platform. You may terminate your acceptance of these Terms at any time by discontinuing Platform use. If you violate any of these Terms, your authorization to use the Platform ends immediately.
ClearedRx may suspend or terminate your access to the Platform for any reason, with or without notice, and at any time. Provisions including but not limited to Warranty Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Arbitration survive any termination.
In compliance with applicable law, ClearedRx reserves the right to preserve, erase, or destroy communications or content posted on the Platform according to our internal policies. Once your account or access is terminated, ClearedRx is no longer obligated to provide Services, except as mandated by law or ethical guidelines requiring continued availability of health records to you.
ANY DISPUTES BETWEEN YOU AND CLEAREDRX (INCLUDING THOSE PERTAINING TO THIS AGREEMENT, THE SERVICES, OR PRIVACY/PUBLICITY RIGHTS) SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR PARTICIPATION IN CLASS ACTIONS OR CLASS ARBITRATION.
Both parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this section. Unless pursued in a qualifying small claims court, all disputes or claims must be resolved via binding individual arbitration. Class actions are not permitted, and you and ClearedRx waive the right to join in or conduct class proceedings.
If you do not want this arbitration clause to apply, you have 30 days from the date you first agreed to these Terms to opt out. You can opt out by sending your name, residential address, username, and a clear statement that you intend to opt out of arbitration to:
ClearedRx
1902 Thomes Ave, Unit 202A
Cheyenne, WY 82001
Email: support@clearedrx.com
Before initiating arbitration, you must provide ClearedRx with a Notice of Dispute including your full name, address, account details, a detailed description of the dispute, and the remedy sought. Send this Notice of Dispute to:
ClearedRx
1902 Thomes Ave, Unit 202A
Cheyenne, WY 82001
Email: support@clearedrx.com
If ClearedRx cannot resolve the issue within 30 days, either party may commence arbitration through the American Arbitration Association using its Consumer Arbitration Rules. You and ClearedRx expressly waive the right to a jury trial.
For any claim not subject to arbitration or small claims court, the dispute shall be exclusively decided by a court located in or serving Cheyenne, Wyoming. You agree to submit to the personal jurisdiction of that court. The laws of the State of Wyoming, to the extent not superseded by federal law, govern these Terms and any claims arising from them.
ClearedRx may remove any content that it believes may infringe a third party’s intellectual property rights. We comply with the Digital Millennium Copyright Act (“DMCA”) as applicable to service providers (17 U.S.C. § 512, as amended) and respond to valid notifications of alleged copyright infringement.
To submit a notice of claimed copyright infringement, please email support@clearedrx.com with:
1. An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work allegedly infringed (or a representative list, if multiple works).
3. Identification of the specific content or material claimed to be infringing, and its location on the Platform.
4. Contact information sufficient for ClearedRx to reach you (address, phone number, and email).
5. A statement of good faith belief that the usage in question is unauthorized.
6. A declaration that the notice is accurate and made under penalty of perjury, confirming your authority to act on behalf of the owner.
These Terms constitute the comprehensive agreement between you and ClearedRx concerning the subjects discussed. If a court of competent jurisdiction finds any provision invalid, both parties request that the court attempt to give effect to their intentions, and the remaining Terms shall remain in full effect. Headings are for reference only and do not define the scope of any section. If ClearedRx does not act upon a violation by you or another user, it does not waive ClearedRx’s right to address subsequent or similar violations. You are not permitted to transfer your rights under these Terms without our prior written approval; unauthorized transfers will be considered void.
If you have any concerns or queries regarding these Terms, please contact support@clearedrx.com.