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Terms Of Service

Anabolic Doc, Inc. and/or its subsidiaries (collectively, “Company,” “we,” “our,” or “us”) owns and operates the website located at www.testosteronology.com (the “Website”), and owns and/or operates the Testosteronology Health Portal™ and/or “Metabolic Promotion” mobile application(s) (the “Application”) (collectively, the Website and the Application are the “Platform”).

Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by Company, and any affiliated website, software or application owned or operated by Company (collectively, including the Platform and the Content, the “Services”) are governed by these Terms and Conditions (“Terms and Conditions” or “Agreement”).
BY ACCESSING THE SERVICES, CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICES OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICES. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS AND CONDITIONS ON YOUR BEHALF.
ARBITRATION NOTICE: UNLESS YOU TIMELY OPT OUT OF ARBITRATION IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND AFFILIATES AND US ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE SERVICES ARE NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.

Introduction

Please read this Agreement carefully because it sets forth the important terms you will need to know about the Services.

In this Agreement, the terms “you” and “yours” refer to the person using the Services, or in the case of a use of the Services by or on behalf of another person, “you” and “yours” refer to and include (i) a legal guardian who provides consent to the use of the Services by such other person or uses the Services on behalf of the other person; and (ii) the person for whom consent is being provided or on whose behalf the Services are being utilized.

Please see the “Limited Use and Availability” section of this Agreement for more information regarding use of the Services by minors and applicable limitations on such use. Notwithstanding the foregoing, the Services are not intended for individuals under the age of thirteen (13) and individuals under the age of thirteen (13) are prohibited from using all or any part of the Service or entering into this Agreement, even if a parent or legal guardian would be willing to provide consent to use of the Service or this Agreement.

Please contact us at admin@testosteronology.com if you are a parent or legal guardian of an individual under the age of eighteen (18) who you believe has used the Services without your consent.

Acceptance of Terms and Conditions

Your access to and use of the Services is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Services or any information or Content provided through the Services, except as necessary to review this Agreement.

The Services are continually under development, and we reserve the right to revise or remove any part of this Agreement or the Services in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Services is also subject to this Agreement upon posting to the Platform.

If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Services. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.

Your Relationship with Us

We make available to individuals who register as users (“User”) or Affiliates (“Affiliate” or “Affiliates”) of the Services certain products and services sold or offered by Company or by third-party medical providers, pharmacies, or other vendors via our Services.

Our Services provide access to laboratory services offered by our lab partners (the “Lab”). You agree and understand that your request for lab work may be filled by and transferred between the Lab and the Services, and agree that the Services may do so on your behalf. We do have a financial relationship with the Lab whereby the Company may receive compensation in connection with any laboratory services fulfilled by the Lab.

We may also provide Users with access to one or more healthcare providers through the Platform who are registered and certified Affiliates. Affiliates must enroll in a paid certification course to become Licensed Affiliates or a Testosteronologist™. These Affiliates are, or employ or contract with, physicians, nurse practitioners and other licensed health care professionals who offer certain healthcare services as certified Testosteronologists™, but who are not employed by, agents of or otherwise controlled by Company. By accepting this Agreement, you acknowledge and agree that any services or care you receive from the Lab or the Affiliates through the Platform are also subject to this Agreement.

We do not control, intervene or interfere with the practice of medicine or provision of health care by the Lab or the Affiliates, each of whom is solely responsible for directing the medical care and/or treatment they provide to you. By accepting this Agreement, you acknowledge and agree that Company is not a healthcare provider and that by using the Services, you are not entering into a doctor-patient or other health care provider-patient relationship with Company, its employees, agents, officers or assignees. By using the Services, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the Lab or the Affiliates. Further, we do not control or interfere with any professional service provided by the Labs or Affiliates, each of which is solely responsible for their provision of professional services rendered as connected to the Services.

By accepting this Agreement, you acknowledge and agree that the Lab or Affiliates may send you direct messages, email messages, SMS messages, reports, and emails via the Services regarding your diagnosis, lab results and/or treatment. You understand and agree that Company is not responsible for the security or privacy of communications services you use to receive the aforementioned messages, reports, and emails sent via the Services. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Company nor the Lab or Affiliates will be responsible in any way and you will not hold Company liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Lab or the Affiliates.

While you are not establishing a doctor-patient or other health care provider-patient relationship with Company, by using the Services you are establishing a direct customer relationship with Company to use the Services, including the purchase of any non-prescription products or non-medical services sold directly to you by Company via the Services. In connection with such relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy. Please refer to the “Privacy Policy” section and the “Protected Information” section below for additional information.

Notice Regarding Your Financial Responsibility for Services

Company and the Lab are not enrolled with, and are not participating providers with, any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any health care or mental health services or supplies and, as such, neither you nor Company or Lab may receive payment from such programs for the services or products provided to you by Company or the Lab.

By choosing to use the Services, you are specifically choosing to obtain products and services on a cash basis outside of any federal or state healthcare program. Thus, you are solely responsible for the costs of any service or product purchased by, utilized by or otherwise provided to you.

By agreeing to use the Services, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services on a cash basis outside of any federal or state healthcare program and you have sole financial responsibility for all services or products provided to you by or through the Services; and (2) neither you nor Company or the Lab will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services.

Subscription Products and Services

Certain products and services available for purchase through the Services require that you purchase the product and/or service on an automatically renewing subscription basis. For subscription-based products and services, your payment method will be automatically charged at regular intervals as described for that product or service during the checkout process until you cancel your subscription.

Please refer to the “Terms of Purchase” section for more detail on fees and charging your payment method. Your first renewal may be charged early to prevent any interruption in access to the Services. We may, but are not required to, perform outreach to you from time to time via the Services to request updates to your information and to facilitate ongoing subscriptions.

You may cancel a subscription at any time by emailing admin@testosteronology.com and directly requesting a cancellation, or through your online account. Cancellation will take effect at the end of the current subscription period. Your subscription will automatically renew for another subscription period unless you cancel at least seven (7) days before the applicable renewal processing date of your subscription.

All fees paid by Users or Affiliates or any party utilizing the Platform are non-refundable. We do not offer refunds for partially used subscription periods, although we may provide refunds on a case-by-case basis in our sole and absolute discretion. In our discretion, we may also offer you the ability to pause your subscription for a specified period of time. If you do not cancel before the end of the pause period, charging to your payment method will resume automatically.

We may change our subscription plans and prices from time to time; however, we will provide you advance notice of any price changes or changes to your subscription plans.

Laboratory Products and Services

Currently, laboratory products and services offered through the Platform are ordered through the Lab and fulfilled through local laboratories. Laboratory products and services available through the Platform are “Third-Party Goods and Services” as described in the “Third-Party Goods and Services” section of this Agreement.

Limited Use and Availability

Our Services are currently only available to individuals who:

Are located in states in which we offer the Services; and

Are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence if higher than eighteen (18); and Have accepted this Agreement.

Individuals located in states in which we offer the Services who are between the ages of 13 and 18 may use the Service for the sole purpose of viewing the educational materials on site if a parent or legal guardian provides consent in accordance with this Agreement and the Services.

By visiting, accessing, registering with or using the Services, you are:

(a) Representing and warranting that you are either (1) at least eighteen (18) years of age or older or at least the age of majority in your jurisdiction of residence, if higher; or (2) at least thirteen (13) years of age, have obtained consent from your parent or legal guardian to use the Services, and will use the Services for the sole purpose of education;

(b) If you are a parent or legal guardian providing consent for an individual minor who is under the age of eighteen (18) (or such higher age of majority under applicable state law), representing and warranting that you are the parent or legal guardian for such minor and have all legal power and authority to provide consent for the use of the Services by such minor;

(c) Agreeing to comply with all applicable laws in visiting, accessing, registering with or using the Services; and

(d) Agreeing that you will only use the Services for lawful purposes.

Our Services may change from time to time due to changes in applicable regulatory requirements. Certain products available through the Service are subject to additional age restrictions, and not all products or services are available to all ages.

Duty to Provide Information, Access, and Connectivity

You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the Services) to enable use of the Services, including but not limited to a computer or mobile device with Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.

You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Services. We reserve the right to change the access configuration, including any software, hardware or other requirements of the Service, at any time without prior notice.

Privacy Policy

Company understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we may collect, use and disclose your personal information.

Protected Health Information

When you set up an account with Company, you are creating a direct customer relationship with Company that enables you to access and/or utilize the various functions of the Services as a user. As part of that relationship, you provide information to Company, including but not limited to your name, email address, address and phone number, that we may collect, use and disclose in accordance with our Privacy Policy, and that we do not consider to be “health” or “medical” information.

However, in using certain components of the Service, you may also provide certain medical information that may be protected under applicable laws.

Company is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). One or more of the Affiliates or Lab may or may not be a “covered entity” or “business associate” under HIPAA, and Company may in some cases be a “business associate” of a Lab or Affiliate.

HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with Company, the Lab or the Affiliates. To the extent Company is deemed a “business associate” however, and solely in its role as a business associate, Company may be subject to certain provisions of HIPAA with respect to “protected health information” (“PHI”), as defined under HIPAA, that you provide to the Lab or Affiliates and may make accessible to Company.

In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.

The Lab and Affiliates have their own Notices of Privacy Practices that describe how they use and disclose Protected Information. By accessing or using any part of the Services, you are acknowledging receipt of the Notice of Privacy Practices from the Lab or Affiliate to the extent you have established a relationship with either or both.

By using the Services, you are agreeing that even if HIPAA does apply to Company, any information that you submit to Company that is not intended and used solely to assist or facilitate the provision of diagnosis and treatment by the Affiliates or laboratory services by the Lab, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.

Registration; User Accounts, Passwords, and Security

You are obligated to register and set up an account in the Platform in order to access the Services, and the Services are available only to Users who have registered and have been granted accounts with usernames and passwords.

For purposes of clarity, information you provide to Company in order to register and set up an account on the Platform, including name, username, email address, address and phone number, are not considered Protected Information for purposes of the “Protected Health Information” section above.

You agree to accurately maintain and update any information about yourself that you have provided to Company, the Lab or the Affiliates. If you do not keep such information current, or fail to submit truthful, accurate and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Services.

You also agree to immediately notify Company of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing Company at admin@testosteronology.com. In addition, you agree to keep confidential your username and password and to exit from your User account at the end of each session. Company explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.

When establishing an account, you will be required to provide a username and password that will be used as your login for your account. To help protect the privacy of data you transmit through the Services, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, we take steps to protect the User data we collect against unauthorized access.

However, you should keep in mind that the Services and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access the Services and information about you, including medical information uploaded by you or otherwise made accessible by you, contained in the Services. It is your responsibility to affirmatively log out from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone and other devices, and to protect the confidentiality of your username and password.

You must exercise caution, good sense, and sound judgment in using the Services. You are prohibited from violating, or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you. Company may investigate any alleged or suspected violations and, if a criminal violation is suspected, Company may cooperate with law enforcement agencies in their investigations.

Use and Ownership of the Service

The Services and the information and Content available through the Services are protected by copyright laws throughout the world. Subject to this Agreement, Company grants you a limited, non-transferable, revocable license to access and use the Services for your personal use. If you are a Licensed Affiliate, Company grants you a limited, non-transferable, revocable license to access and use the Services in connection with your commercial purpose as defined by the terms of the Licensed Affiliate Agreement.

Unless otherwise specified by Company in a separate agreement, your right to use any of the Services or the Content is subject to this Agreement and all rights in the Services and Content are reserved by Company. You agree that Company and its suppliers own all rights, title and interest in the Services (including but not limited to any computer code, themes, images, marks, designs, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation).

You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Company’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Company and may not be used without permission, including in connection with any third party products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.

License to Information Submitted via the Service

Subject to any limitations on Protected Information described below, any information you transmit to Company via the Services, whether by direct entry, submission, email or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary.

Subject to any applicable account settings that you select, you grant Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Submissions (in whole or in part) for the purposes of operating and providing the Services to you and to our other users.

You warrant that the holder of any worldwide intellectual property right, including moral rights, in Submissions has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Company, are responsible for all Submissions that you provide to the Services.

In addition to the foregoing, Company shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that Company deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission.

If a Submission you make contains Protected Information, Company’s rights under this section with respect to the use or disclosure of such Protected Information will be limited as and to the extent required under applicable law.

Prohibited Use

You are prohibited from using or attempting to use the Services:

(i) For any unlawful, unauthorized, fraudulent or malicious purpose;
(ii) In any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server;
(iii) In any manner that could interfere with any other party’s use and enjoyment of the Service;
(iv) To gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means;
(v) To access systems, data, or information not intended by Company to be made accessible to a user;
(vi) To obtain any materials or information through any means not intentionally made available by Company;
(vii) To reverse engineer, disassemble or decompile any section or technology on the Service;
(viii) To copy, redistribute, reproduce, rip, record, transfer, perform or display to the public, publish, broadcast, or otherwise make available to the public; or
(ix) For any use other than the business purpose for which it was intended.

In addition, in connection with your use of the Service, you agree you will not:

(a) Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity;

(b) Create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

(d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another;

(e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

(f) Use the Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

(g) Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise;

(h) Violate any applicable local, state, national or international law;

(i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;

(j) Delete or revise any material posted by any other person or entity;

(k) Manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology;

(l) Probe, scan, test the vulnerability of or breach the authentication measures of the Service or any related networks or systems;

(m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so;

(n) Harvest or otherwise collect information about others, including email addresses;

(o) Use any “crawling,” robot, spider, scraper, or other automated or manual means to access the Services, or copy, download, distribute or reproduce any content or information on the Services; or

(p) Assist or permit any person in engaging in any of these activities.

Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User’s access and/or account. Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Except as may be provided in the Privacy Policy or prohibited by applicable law, Company reserves the right, at all times, to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company’s sole discretion.

Right to Monitor

Company reserves the right to monitor general use of the Services at any time as it deems appropriate and to remove any materials that, in Company’s sole discretion, may be illegal, may subject Company to liability, may violate this Agreement, or are, in the sole discretion of Company, inconsistent with Company’s purpose for the Services.

Terms of Purchase

Only valid payment methods acceptable to us may be used to complete a purchase via the Services. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and handling charges).

If your designated payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third-party payment service providers may request, and may receive, updated payment card information from your payment card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, you agree we may update your account information accordingly, and will use such updated information to process payments for your future purchases and applicable subscription charges (including any applicable taxes and handling charges).

Your payment card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated card information. If you wish to opt out of your payment card’s updating service, you should contact your card issuer. We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or card issuer reverses a charge to your payment card, we may bill your account directly and seek payment by another method including a mailed statement.

All credit card, debit card and other monetary transactions on or through the Services occur through an online payment processing application(s) accessible through the Services. This online payment processing application(s) is provided by Company’s third-party online payment processing vendor, Stripe (“Stripe”).

Additional information about Stripe, its privacy policy and its information security measures (collectively, the “Stripe Policies”) should be available on the Stripe website located at https://stripe.com/us/privacy or by contacting Stripe directly. The Stripe Policies are for informational purposes only and are in no way incorporated into or made a part of this Agreement.

Company’s relationship with Stripe, if any, is merely contractual in nature, as Stripe is nothing more than a third-party vendor to Company and is in no way subject to Company’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.

Termination

Company may terminate your use of the Services or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if any or all of the agreements between Company and the Lab or Affiliates terminate, or if we discontinue the Services.

The provisions of this Agreement concerning Services security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with Company.

You agree that if your use of the Services is terminated pursuant to this Agreement, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold Company, its respective corporate parents, subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (together, the “Company Parties”) harmless from any and all liability that any such Company Parties may incur with respect thereto.

Except as otherwise provided in the Privacy Policy or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Services, to return or otherwise provide to you or any third party on your behalf any Content, any information you provide to us, any information your Providers provided to us about or relating to you, or any other information that we may have that relates to you.

Disclaimers

Content and other information contained on the Services is provided by Company as a convenience. Users relying on Content or other information from the Services do so at their own risk.

THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. COMPANY AND EACH THIRD PARTY OFFERING THROUGH THE SERVICES, INCLUDING THE LABS OR AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICES, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM.

COMPANY DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICES. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT. YOUR CHOICES REGARDING COOKIES AND OTHER DATA-DRIVEN FACTORS, AS OUTLINED BY THE PRIVACY POLICY, MAY AFFECT YOUR USE OF THE SERVICES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, COMPANY PARTIES, OR THE LAB BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COMPANY SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold Company Parties and any third parties offering products or services through the Services, including the Lab and Affiliates, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Services, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity.

We reserve the right to control the defense of any claim by a third party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

Notices

Any notices to you from Company regarding the Services or this Agreement may be made by email, a posted notice on the Service, or regular mail, in the sole discretion of Company.

Electronic Communications

When you access or use the Services or send messages to us, the Lab or Affiliates, you are communicating with us, the Lab or Affiliates electronically. You consent to receive communications from us, the Lab or Affiliates electronically. We will communicate with you via email, SMS messaging or through the Services.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement.

Copyright

It is Company’s policy to terminate use of the Services by any User or Affiliate who repeatedly infringes copyright upon prompt notification to Company by the copyright owner or the copyright owner’s legal agent.

If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of the location on the Service of the material that you claim is infringing;
  • Your address, telephone number and e-mail address;
  • A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Contact information for Company’s Copyright Agent for notice of claims of copyright infringement is as follows: admin@testosteronology.com.

Governing Law; Venue; Severability of Provisions

The Services are controlled and operated by Company from our offices within Florida. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Services from jurisdictions where the contents of the Services are illegal or penalized is prohibited.

The validity, interpretation, construction and performance of this Agreement will be governed by the laws of the State of Florida, without regard to any conflicts of law provisions.

All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

Dispute Resolution

YOU AND WE EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND US OR ANY OF THE COMPANY PARTIES ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE COMPANY PARTIES, THE PLATFORM, THE CONTENT OR THE SERVICES, OR ANY OTHER GOODS, SERVICES OR ADVERTISING BY COMPANY OR ANY OF THE COMPANY PARTIES, LABS, PHARMACIES, MEDICAL GROUPS, OR PROVIDERS, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY, “DISPUTES”) SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE ARBITRATOR RATHER THAN IN A COURT, AS DESCRIBED HEREIN.

YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN. FOR PURPOSES OF THIS ARBITRATION AGREEMENT, “DISPUTE” WILL ALSO INCLUDE DISPUTES THAT AROSE OR INVOLVE FACTS OCCURRING BEFORE THE EXISTENCE OF THIS OR ANY PRIOR VERSIONS OF THE TERMS AND CONDITIONS AS WELL AS CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS AND CONDITIONS.

YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified otherwise herein. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Arbitration

Any Dispute, including any alleged violation of federal, state, or local statute, regulation, common law, or public policy, shall be submitted to and decided by binding arbitration. Arbitration shall be administered by a single arbitrator selected by the parties. If the parties cannot agree on an arbitrator, a referral from the Chief Judge of the 17th Judicial Circuit shall be obtained to select an arbitrator.

The arbitration shall be conducted in Broward County, Florida, under the Florida Arbitration Act, Florida Rules of Procedure and Florida Rules of Evidence. The parties waive all rights to have their disputes heard or decided by a jury or in a court trial and the right to pursue any class or collective action or representative claims against each other in court, arbitration, or any other proceeding. Any arbitral award determination shall be final and binding upon the parties.

Governing Law, Jurisdiction, and Venue

This Agreement, for all purposes, shall be construed in accordance with the laws of Florida without regard to conflicts of law principles. The parties hereby irrevocably submit to the exclusive jurisdiction of the State of Florida and waive the defense of inconvenient forum to the maintenance of any such action or proceeding in such venue.

YOU AND WE AGREE THAT, EXCEPT AS SPECIFIED HEREIN, ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION EXCEPT AS SPECIFIED HEREIN.

THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

If a court decides by means of a final decision, not subject to any further appeal or recourse, that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in Broward County, Florida, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated.

The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in Broward County, Florida for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph. This subsection does not prevent you or us from participating in a class-wide settlement of claims.

You can opt out of the provisions of this Arbitration Agreement that require the arbitration of Disputes within thirty (30) days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with Company or any of the Company Parties, Labs, or Affiliates.

To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with the applicable party to:

Anabolic Doc, Inc.
2151 E Commercial Boulevard, Suite 302
Fort Lauderdale, FL 33308
ATTN: Arbitration Opt-Out

Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us or any other Company Parties.

No Agency Relationship

Neither this Agreement, nor any Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between you and Company, the Lab or the Affiliates. You may not enter into any contract on our behalf or bind us in any way.

Assignment

You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Company may, in its sole discretion, assign or transfer, without further consent or notification, this Agreement or any or all of the contractual rights and obligations pursuant to this Agreement, in whole or in part, to any affiliate of Company or to a third party in the event that some or all of the business of Company is transferred to such other third party by way of merger, sale of its assets or otherwise.

Third Party Beneficiaries

Any use of third-party software provided in connection with the Services, or any Third-Party Goods and Services accessed or used in connection with the Service, will be governed by the applicable third-party’s license or terms of use, if any, and if there is no such license or terms of use, by this Agreement. In addition to this Agreement, your use of the Services must comply with all applicable third party terms of agreement, if any.

Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of Company, the Lab, and the Affiliates and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, and, except as specifically set forth in this Agreement, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.

Entire Agreement

This Agreement and any other agreements Company may post on the Services or that you and Company may execute from time to time constitute the entire agreement between Company and you in connection with your use of the Services and supersede any prior agreements between Company and you regarding use of the Services, including prior versions of this Agreement.

Contacting Us

If you have any questions or concerns about this Agreement, please contact us by email at admin@testosteronology.com. We will attempt to respond to your questions or concerns promptly after we receive them.