TERMS OF USE

Vigor Terms of Use

Effective Date: 01Jun2022

Welcome to VIGOR! VIGOR is offered by VIGORSC, LLC (“VIGOR”, “we,” “us” or “our”), a South Carolina limited liability company. We hope that VIGOR will offer you a wonderful experience. Before using any of the services available through VIGOR, you need to read and agree to these Terms of Use (“Terms”). Please read the Terms carefully and print a copy for your records.

These Terms are entered into by and between you and VIGOR, and these Terms govern your access to and use of VIGOR, including any content, functionality, services or products offered on, through or in connection with VIGORSC.net (the “VIGOR Site”) (the collectively, the "Services").

BY CLICKING THE “I AGREE” BUTTON DURING THE ACCOUNT REGISTRATION PROCESS OR USING OTHER ACCEPTANCE METHODS PROVIDED BY OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. ADDITIONALLY, WHEN GENERALLY ACCESSING THE SERVICES, YOUR USE AND CONTINUED ACCESS OF THE SERVICES SIGNIFIES YOUR ACCEPTANCE TO THESE TERMS. IF YOU ARE UNWILLING TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE SERVICES OR CREATE AN ACCOUNT.

VIGOR IS NOT A HEALTH CARE PROVIDER. THE SERVICES ARE NOT INTENDED TO BE USED FOR URGENT OR EMERGent HEALTHCARE NEEDS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE DIAL 911.

I. Changes to Services and Terms

The Effective Date of these Terms is set forth at the top of this webpage. We may change the Services or these Terms from time to time in our discretion. Changes to the Terms will be posted to this webpage. To the fullest extent permitted by law, any posted changes will be binding on you upon their posting. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of any of the Services after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.

II. VIGOR Services

VIGOR is a healthcare provider that offers telehealth services to men seeking treatment for low testosterone and testosterone replacement therapy (“TRT”) (the “Telehealth Services”). VIGOR does not offer primary care services and cannot take the place of your primary care physician. VIGOR encourages you to talk to your primary care physician about any TRT treatments that you may receive through the Services. VIGOR does not perform prostate cancer screening, PSA tests and/or rectal exams. You should consult with your primary care physician or urologist about these screening exams and provide them all appropriate records regarding your TRT treatments.

If a VIGOR physician determines that testosterone replacement therapy is medically appropriate, then VIGOR will communicate the prescription to an independent pharmacy (“Pharmacy Providers”) that can fill, dispense and deliver the medication to the Customer (“Pharmacy Services”).

All Pharmacy Providers are third party service providers. VIGOR does not control, supervise or interfere with the practices of such third parties. VIGOR only processes payment for services rendered by Pharmacy Providers to Customers on the Customer’s behalf. We are not responsible for any acts or omissions of, or recommendations provided by, such third parties. Such third parties are solely responsible for their provision of related services to you.

VIGOR’s Services are intended for men who are 18 years of age or older and who reside in South Carolina (the “Telehealth Jurisdictions”). If you are located outside of the Telehealth Jurisdictions, VIGOR will be unable to facilitate your request for Telehealth Services or Pharmacy Services.

III. Financial Responsibility for Services

VIGOR is not enrolled with, and is not a participating provider with, any federal or state healthcare programs (e.g., Medicare and Medicaid) or other health insurer. By agreeing to use the Services, you acknowledge and agree that (1) you are explicitly choosing to obtain Services, Telehealth Services, and Pharmacy Services on a cash basis outside of any federal, state or other healthcare program and you have sole financial responsibility for all Services, Telehealth Services and Pharmacy Services provided to you by, through or in connection with the Services, and (2) neither you nor VIGOR will submit a claim for reimbursement to any federal, state or other health insurer for the costs of the Services, Telehealth Services and Pharmacy Services.

IV. VIGOR Privacy Policy

Please review our privacy policy (“Privacy Policy”) at https://www.vigorsc.net/privacy-policy to understand how we process information collected about you, including what information we collect through our Services, how such information is used, and how such information may be shared. When you register an Account through the Services, you are creating a direct customer relationship with VIGOR that enables you to access and/or utilize the various functions of the Services as a user. As part of the registration process for an Account and/or use of certain Services, you will provide to us your personal information that we may collect, use and disclose in accordance with our Privacy Policy.

You may also provide certain health or medical information in connection with the Telehealth Services and Pharmacy Services. VIGOR is not regulated by the Health Insurance Portability Act of 1996 and its implementing regulations (“HIPAA”) or provincial health information privacy legislation. To facilitate the Pharmacy Services, you authorize the Pharmacy Provider to share with VIGOR, on your behalf, and for VIGOR to share with the Pharmacy Provider, your personal information including your health history and prescription information. This is necessary for us to provide Services. Such information is not protected health information as that term is defined in HIPAA when maintained and used by VIGOR for such purposes. Any such information processed by VIGOR shall be in accordance with our Privacy Policy. You may revoke this authorization at any time by canceling your Account or contacting VIGOR.

V. Intellectual Property

The Services and the information, files, documents, text, photographs, images, audio, and video contained in the therein, including any material made available for download by us, whether through the VIGOR Site, App Store or otherwise (collectively, the “Content”) are the property of us or our licensors, as applicable. The Services and Content are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.

VIGOR’s company name, the VIGOR logo, and all related names, logos, product and service names, designs, and slogans are trademarks of VIGOR or its affiliates or licensors. You must not use such marks without the prior written permission of VIGOR. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

VI. Service Access and Limitation

Subject to the use restrictions set forth below, these Terms grant you a limited, non-exclusive right to access and make personal use of the Services, subject to these Terms. The Services, and any part thereof may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of VIGOR and/or its licensors.

You may not:

Modify, disassemble, decompile or reverse engineer the Services except to the extent that such restriction is expressly prohibited by law.
Rent, lease, loan, resell, sublicense, distribute or otherwise transfer your access to the Services to any third party.
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services or features that enforce limitations on use of the Services.
Modify copies of any materials from the Services.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services

VII. Use Restrictions

You agree not to use the Services to:

Register for more than one Account or register or operate an Account on behalf of another person;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with or authority to act on behalf of any person or entity;
Upload, post, transmit, share, store, or otherwise make publicly available through the Services any material that contains private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Services;
Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
Use any automated means to access the Services, or collect any information from Services (including, without limitation, robots, spiders, scripts, or other automatic devices or programs);
Frame the Services in any manner, utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over any of the Sites’ pages, or otherwise affect the display of any pages on the Site;
Engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
Use the Services in any manner that could disable, overburden, damage, or impair the Services, or otherwise interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;
Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm VIGOR or users of the Services, or expose them to liability; or
Access, use or monitor our Services for benchmarking or any direct competitive purposes.

Additionally, you agree not to:

Use any device, software, or routine that interferes with the proper working of the Services;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services;
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of the Services.

We may terminate or disable your access to any or all of the Services for any reason, with or without cause, including if we believe that you have violated or acted inconsistently with these Terms.

VIII. Feedback

If you provide us with any feedback or suggestions regarding the Services (any such feedback referred to herein as “Feedback”), you hereby assign to VIGOR all rights in the Feedback and agree that VIGOR shall have the right to use such Feedback and related information in any manner it deems appropriate. VIGOR will treat any Feedback you provide to VIGOR as non-confidential and non-proprietary. You agree that you will not submit to VIGOR any Feedback that contains your confidential health information or confidential health information of any third party, nor will you submit any information that you do not have the rights or permission to submit.

IX. Accessing the Services and Account Security

In order to use certain aspects of the Services, you must set up an account with us (“Account”). To set up an Account, you must provide us with certain personally identifying information and establish a username and password that you will use to access the Services (“Password”).

It is a condition of your use of the Services that all the required information you provide is correct, current, and complete. You agree to promptly inform us of any changes to your Account registration information.

To the fullest extent permitted by applicable law, we reserve the right to take any action that we deem necessary to ensure the security of the Services and your Account including, without limitation, deactivating your Password, terminating your Account, or requesting additional information to authenticate your Account. You are solely responsible for keeping your Password confidential. Anyone with knowledge of or access to your Password can use that information to gain access to your Account. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep your Password confidential, whether such failure occurs with or without your knowledge or consent. You agree that you will immediately notify us of any suspected or actual unauthorized access to or use of your Password or any other breach of your Account security.

You are also responsible for: (i) all transactions or activities carried out using your Account and Password; and (ii) ensuring that when you access the Account that the system you use to access the Account is secure, is not left unattended unless you have fully exited the Account and that your Password is not retrievable from the system by others.

X. Terms of Sale

VIGOR facilitates bundled prices for the Telehealth Services and Pharmacy Services (the “Services Fee”). VIGOR is not selling or dispensing prescription products but acts as the conduit for payment between you and the Pharmacy Provider.

All prices, discounts, and promotions posted on or through the Services are subject to change without notice. The price charged for Services will be the price in effect at the time the order is placed and will be set out in your order confirmation. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling unless otherwise specified. All such taxes and charges will be added to your total. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. To the fullest extent permitted by applicable law, we reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Once you create an account and authorize us to charge you on a subscription basis, you agree to be charged for the agreed upon subscription at the interval so indicated. We reserve the right to terminate your subscription, to refuse all or future use of any part of the Services, and not to do business with anyone VIGOR deems inappropriate in its sole and absolute discretion. You may cancel a subscription at any time up to 30 days before the applicable renewal processing date of your subscription through the Services, by emailing customer.service@vigorsc.net directly requesting a cancellation, or by calling 803.676.VIGR(8447) to cancel.

Financial transactions including credit card, debit card and other monetary transactions on or through the Services are facilitated by the payment processing application of our designated third-party online payment processing vendor PayPal. Additional information about PayPal, its privacy policy and its information security measures are available at https://www.paypal.com/us/webapps/mpp/ua/privacy-full

. You agree that you will only use valid payment methods when placing an order and you represent and warrant that you are authorized to use your designated payment method. VIGOR does not control and is not responsible for Stripe’s information processing practices, nor is VIGOR responsible for any fees or charges that your bank or payment card issuer may apply to any purchase.

XI. Shipping; Delivery; Title and Risk of Loss

We will arrange for shipment of your orders unless agreed to otherwise. To the fullest extent permitted by applicable law, title and risk of loss pass to you upon the transfer of the prescription products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

XII. Return Policy

WE OFFER NO REFUNDS OR RETURNS FOR ANY PRODUCTS. PRESCRIPTION PRODUCTS ARE DISPENSED BY A PHARMACY PROVIDER AND NOT VIGOR. VIGOR ONLY PROCESSES PAYMENT FOR PRESCRIPTIONS ON YOUR BEHALF.

XIII. Email and SMS Messaging

By providing your cell phone number and email address to VIGOR, you are agreeing to be contacted by or on behalf of VIGOR at the email address and the telephone number provided, including emails to your email address and text (SMS) messages to your cell phone and other wireless devices, and the use of an automatic telephone dialing system, artificial voice and prerecorded messages, for the purpose of providing the Services and sending you marketing communications. You may also be contacted with marketing announcements about the products and services offered by or made available through the VIGOR Site.

You may choose to opt-out of receiving email and text messages by updating your preferences in the Services or following the opt-out instructions in the message. If you opt-out, VIGOR will not send another message to you unless/until you expressly opt in to receiving additional messages. You acknowledge that opting out of receiving text (SMS) messages may impact your experience with the Service(s) that rely on communications via text (SMS) messaging, including the Telehealth Services and Pharmacy Services.

Message and data rates may apply. Your wireless carrier’s standard messaging rates apply to SMS correspondence. Downloadable content may incur additional charges from your wireless carrier. Please contact your wireless carrier for information about charges in your plan. Carriers are not responsible for delayed or undelivered messages.

XIV. App Stores

You acknowledge and agree that the availability of the VIGOR App if and when one is available, is dependent on the third party from whom you received the VIGOR App, such as the Android PlayStore or Apple App Store (each, an “App Store”). You acknowledge that this Agreement is between you and VIGOR and not with the respective App Store. Each respective App Store may have its own terms and conditions to which you must agree before downloading the VIGOR App. You agree to comply with, and your license to use the VIGOR App is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store.

XV, Software Upgrades

You acknowledge that we or our service providers may from time to time issue upgraded versions of the Services and may automatically electronically upgrade the version of the VIGOR App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that VIGOR will not be liable to you for any such modifications.

XVI. Links to Third Party Sites

Certain parts of the Services, including the VIGOR Site, may contain links to third-party websites or may give you access to applications, software, or products provided by third parties including the Pharmacy Services and clinical laboratory testing services. Please understand that those third-party websites and products may have different terms of use and privacy policies, and that VIGOR does not control and is not responsible for the content of such websites or the privacy practices or products of such third parties. The information collected by such third-party websites is not covered by the Privacy Policy.

XVII. Disclaimer and Limitation of Liability

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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES ARE PROVIDED BY VIGOR AND APPLICABLE THIRD PARTIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH OF VIGOR, ITS LICENSORS AND APPLICABLE THIRD PARTIES MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS, LEGAL OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR FITNESS FOR PARTICULAR PURPOSE WITH RESPECT TO THE SERVICE OR ANY INFORMATION, CONTENT, PRODUCT OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICES. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL VIGOR, ITS LICENSORS OR APPLICABLE THIRD PARTIES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE VIGOR SITE, SERVICES, PRODUCTS, OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE VIGOR SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE REMEDY FOR DISSATISFACTION WITH (1) THE SERVICES, (2) CONTENT, (3) INFORMATION CONTAINED WITHIN THE SERVICES, (4) ANY LINKED SITE, OR (5) ANY PRODUCT IS TO STOP USING THE SERVICES AND/OR THOSE PRODUCTS. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, VIGOR, ITS LICENSORS AND THE APPLICABLE THIRD PARTY’S MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THE SERVICES AND ANY PRODUCTS PURCHASED BY YOU THROUGH THE SERVICES IS THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THREE HUNDRED DOLLARS ($300.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

XVIII. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless us and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of these Terms or from our termination of your access to or use of the Services. Such termination will not affect either party’s rights or obligations, which accrued before the termination.

XIX.Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. Where applicable, we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the VIGOR Site infringe your copyright, you may request removal of those materials (or access thereto) from the VIGOR Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the VIGOR Site, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Christopher Watson, MD

customer.service@vigorsc.net

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the VIGOR Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

XX. Miscellaneous

These Terms shall be governed by the laws of the state of South Carolina and you agree to submit to the exclusive jurisdiction of the courts of the state of South Carolina in respect of any disputes arising under or in connection with these Terms.

You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Services, including, but not limited to, any applicable laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any contents generated by you through the Services, block your access to any or all aspects of the Services, and block IP addresses.

If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.

The following Sections survive the termination of these Terms of Use: Intellectual Property; Independent Arbitration Agreement; Disclaimer and Limitation of Liability; Indemnification; Miscellaneous.

XXI. How to Contact Us

If you have any questions, comments or notices regarding these Terms, please contact us at customer.service@vigorsc.net.

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