TERMS AND CONDITIONS

Last Updated: August 11, 2025

AGREEMENT TO OUR LEGAL TERMS

We are Direct Wellness LLC ("Company," "we," "us," "our"). We operate the website https://directwellnessnow.com (the "Site") and provide related services that link to these Legal Terms (the "Services"). By accessing our Services, you acknowledge that you have read, understood, and agree to be bound by all these Legal Terms. If you do not agree, you must discontinue use immediately.

You may contact us at:

• Phone: (+1) 863-225-1771
• Email: admin@directwellnessnow.com
• Mail: 500 S Florida Ave, Lakeland, FL 33801, United States

1. OUR SERVICES

We provide our services using a combination of internal resources and trusted third-party partners. These include licensed healthcare professionals from medical provider groups such as Telegra or other affiliated medical networks, and supplement fulfillment through Fullscript, a third-party distributor. We also use customer relationship management (CRM) systems and secure chat platforms to support communications, scheduling, and care coordination.

Direct Wellness LLC provides medical services by working in coordination with licensed providers and relies on third-party medical groups such as Telegra to facilitate patient care. While we oversee aspects of care delivery, all clinical decisions, diagnoses, and treatment plans are made solely by licensed healthcare professionals. Direct Wellness LLC is not a pharmacy or dispensary and does not manufacture, compound, or distribute medications. Your patient relationship is directly with the treating medical provider. The information and services provided do not replace the professional judgment of a qualified healthcare provider. All medical decisions are made solely between you and your licensed provider.

Our Services are not for distribution or use in any jurisdiction that would subject us to local registration. Users outside the U.S. access the Services at their own risk.

Not Emergency Care: Our Services do not replace in-person medical care. In case of a medical emergency, dial 911 or visit the nearest emergency facility.

Pharmacy Disclosure

Our services may involve the prescribing of medications, including compounded medications, filled by third-party pharmacies such as Empower Pharmacy, South End Pharmacy, or Hallandale Pharmacy. These pharmacies operate independently of Direct Wellness LLC. Compounded medications are not evaluated by the FDA for safety, efficacy, or quality in the same manner as FDA-approved drugs. By using our Services, you acknowledge and accept any risks associated with compounded medications and agree to hold Direct Wellness LLC harmless from any liability related to pharmacy operations, fulfillment errors, or adverse drug reactions.

Medication Fulfillment Disclaimer

All medications, including compounded products, are fulfilled and shipped directly by third-party pharmacies. Direct Wellness LLC does not manufacture, compound, or handle these medications, nor are we responsible for verifying dosage accuracy, labeling, or shipping logistics. Any discrepancies, errors, adverse reactions, or damages arising from the fulfillment, packaging, handling, or delivery of medications are the sole responsibility of the pharmacy. By using our Services, you expressly waive any claim against Direct Wellness LLC for damages or injuries resulting from medication dispensed by a third-party pharmacy, including but not limited to errors in compounding, formulation, shipment, storage, or labeling.

Medication, shipping, and pharmacy costs are billed separately and are non-refundable once a prescription is sent to the pharmacy. These services are fulfilled by third-party providers and are subject to their respective policies.

Telehealth Urgent Care Consultation Fee Disclaimer

The $75 telehealth urgent care consultation fee is non-refundable after payment is submitted, as it reserves licensed provider time and secure access to our HIPAA-compliant telehealth platform.

Rescheduling is permitted up to 24 hours before the scheduled appointment by contacting patient support. Missed or late-canceled appointments are considered forfeited and are not eligible for refund.

If Direct Wellness LLC or its affiliated medical groups (such as Telegra) are unable to complete your consultation due to a scheduling or technical issue, we will offer either a rescheduled appointment at no charge or a full refund.

2. NOTICE OF HIPAA PRIVACY PRACTICES

This Notice describes how medical information about you may be used and disclosed, and how you can access this information. Please read it carefully.

Our Responsibilities

• Maintain the privacy and security of your protected health information (PHI)
• Provide you with this Notice
• Notify you if a breach compromises your PHI
• Follow the duties and privacy practices described in this Notice

How We May Use or Share Your PHI

We typically use or share your information in the following ways:

• Treatment: To provide and coordinate your care among providers
• Payment: To bill and collect payment for your services
• Healthcare Operations: To run our practice and improve your care

We may also use or disclose your PHI to comply with the law; to address public health and safety issues; for research with safeguards; with health oversight agencies (e.g., audits, inspections); and in response to legal requests (e.g., court orders).

Your Rights

• Get a copy of your health record
• Ask us to correct your record
• Request confidential communications (e.g., by email or phone)
• Ask us to limit what we share (we will comply when legally required)
• Get a list of those with whom we’ve shared your PHI
• Choose someone to act on your behalf (e.g., medical proxy)
• File a complaint if you believe your privacy rights were violated (we will not retaliate)

To exercise these rights, contact us at: admin@directwellnessnow.com.

Parental Consent

For patients under the age of 18, parental or legal guardian consent is required prior to receiving any services. This includes, but is not limited to, telehealth consultations, medication prescriptions, and access to sensitive health data. Consent must be documented via our HIPAA-compliant intake forms before services are rendered.

3. TELEHEALTH CONSENT

By using our Services, you acknowledge and agree to receive healthcare services via telehealth, which may include live two-way video conferencing, telephone calls, email communications, and secure messaging with licensed healthcare professionals. Direct Wellness LLC does not provide in-person medical visits. All care is delivered remotely by licensed healthcare professionals affiliated with independent medical groups such as Telegra.

Nature of Telehealth

Telehealth involves the use of electronic communications — including phone, email, secure messaging, and video — to enable healthcare providers to deliver patient care. During a telehealth consultation:

• Details of your medical history, examinations, and test results may be discussed using these communications.
• A virtual examination may take place when appropriate.
• Other medical professionals, such as Medical Assistants or Scribes, may be present to assist the provider.
• Photographs may be taken of you for medical purposes during the service.
• In an emergency, it is the responsibility of the telehealth provider to direct you to emergency medical services (e.g., an emergency room). Direct Wellness LLC and affiliated providers do not provide emergency medical care. The telehealth provider’s responsibility ends upon termination of the telehealth connection.

Licensure & State Restrictions

All telehealth services are subject to applicable state licensure laws. Your provider must be licensed in the state where you are physically located during your telehealth visit. If you are located in a state where our affiliated providers are not licensed to practice, services may be declined.

Identity Verification

For regulatory compliance and patient safety, you may be required to present a government-issued photo ID or passport to verify your identity prior to receiving telehealth services.

Confidentiality

Electronic systems used will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard data and ensure its integrity. Reasonable and appropriate efforts have been made to eliminate confidentiality risks associated with telehealth.

Possible Risks

• Transmitted information may be insufficient (e.g., poor image resolution) to allow appropriate medical decision-making.
• Technology issues such as interruptions, unauthorized access, or technical difficulties.
• Miscommunication or misunderstanding without in-person context.
• Message delivery failures or delayed responses.

If a telehealth session is not adequate for the situation, it may be discontinued by you or the provider.

Potential Benefits

• Increased access to licensed healthcare providers without travel.
• Convenient scheduling and shorter wait times.
• Care from the privacy of your chosen location.
• Written record of secure communications for reference.

Your Rights

You may withhold or withdraw consent to telehealth at any time without affecting your right to future care or treatment. Withdrawal of consent may limit our ability to provide services but will not affect care already delivered. To withdraw consent, contact admin@directwellnessnow.com.

Billing and Payment

We do not accept insurance. All services are self-pay and must be paid in full before being rendered. Once services have been provided, no refunds will be issued. Payment plan participants must make all scheduled payments before medications or services are issued. Non-payment may lead to collection activity. All services are non-refundable as outlined in Section 5 (Payment and Refund Policy).

Third-Party Partnerships

We partner with third-party providers, including Telegra MD, to provide medical evaluation, diagnosis, treatment, and follow-up care. Telegra MD and its clinicians may also send or respond to secure messages as part of your care. We also partner with third-party pharmacies and payment processors solely for the purposes of fulfilling prescriptions and processing transactions. We do not host, sell, or otherwise share your personal information except as necessary to provide care.

Indemnification

You agree to indemnify, defend, protect, and hold harmless Direct Wellness LLC, affiliated medical groups (including Telegra MD), and their respective officers, directors, employees, agents, successors, and affiliates from and against any and all liabilities, losses, claims, damages, judgments, settlement payments, deficiencies, penalties, fines, interest, and costs (including reasonable attorneys’ fees) incurred in connection with: (i) medical care, services, advice, and/or treatment provided via telehealth; (ii) your failure to disclose complete and accurate health information; (iii) acts or omissions by you; and (iv) any harm or injury resulting from medical care or pharmaceuticals provided directly or indirectly by Direct Wellness LLC, Telegra MD, or affiliated providers.

Electronic Communication Consent (Email, SMS, Phone, Secure Messaging)

By using our Services, you consent to communications from Direct Wellness LLC, our licensed providers, and our clinical partner Telegra (and its clinicians) via the following channels: secure patient portal/messaging, encrypted email (when available), SMS/text messaging, and telephone. These communications may include non-urgent care coordination, follow-up instructions, scheduling, and general updates. Protected Health Information (PHI) will be shared using HIPAA-compliant tools whenever feasible.

Risks & Limitations

• Electronic communications can be misdirected, intercepted, delayed, or unread due to technical issues or use of shared devices/accounts.
• Messages may be misunderstood without in-person context; response times are not guaranteed.
• Not for Emergencies: Do not use email/SMS/portal for urgent matters. Call 911 or go to the nearest emergency department.

Your Responsibilities

• Provide and maintain accurate, private contact information; update us if it changes.
• Use a secure device and protect your login, email, and phone from unauthorized access.
• Be prepared to verify your identity (e.g., date of birth or government-issued ID/passport) before PHI is discussed.
• You are responsible for checking your provided communication channels regularly. Missed or ignored messages may delay or prevent care, and Direct Wellness LLC is not liable for any consequences resulting from such delays.

Third Parties & Allocation of Responsibility

We partner with third parties, including Telegra and communication vendors, that maintain their own security controls and are responsible for breaches within their systems. Direct Wellness LLC is not liable for losses arising from patient-provided incorrect/shared contact details, device compromise, carrier issues, or ordinary electronic transmission risks beyond our reasonable control.

Revocation

You may revoke this consent at any time by writing to admin@directwellnessnow.com. Revocation will not affect messages already sent prior to processing your request.

Email and Text Messaging Consent

By using our Services, you consent to receive communications from Direct Wellness LLC and affiliated medical providers via email and text message. These communications may include:

• Secure messages: Related to your medical care, treatment plans, or health information, sent through HIPAA-compliant platforms.
• Non-secure messages: Appointment reminders, wellness tips, or general updates, sent via standard email or SMS.

We make reasonable efforts to protect your health information, but absolute security cannot be guaranteed. You acknowledge the following risks:

• Unauthorized access or data breach
• Miscommunication due to tone or clarity
• Message delivery failures or delays
• Messages not reviewed immediately—do not use email or text for emergencies

You may revoke this consent at any time by contacting us at admin@directwellnessnow.com. Revocation will not affect your ability to receive care, unless otherwise restricted by clinical or regulatory requirements.

4. COMPOUNDED MEDICATIONS DISCLOSURE & ACKNOWLEDGMENT

Use of Compounding Pharmacies. Some prescriptions may be fulfilled by independent, third‑party compounding pharmacies, including Empower Pharmacy, South End Pharmacy, and Hallandale Pharmacy (collectively, “Dispensing Pharmacies”). These entities operate independently of Direct Wellness LLC. Direct Wellness LLC is not a pharmacy or dispensary and does not manufacture, compound, or dispense medications.

Non‑FDA Approval Notice. Compounded medications are prepared to meet an individual patient’s needs and, in their compounded form, are not approved by the U.S. Food and Drug Administration (FDA). They are prepared by licensed pharmacies in accordance with applicable federal and state compounding laws and standards.

Risks, Potency & Formulation Variance. Compounded medications may vary in potency, stability, and formulation compared to commercially available products. Potential risks include side effects, allergic reactions, or treatment failure. You agree to promptly report adverse events to your provider and the Dispensing Pharmacy.

Clinical Decisions by Licensed Providers. All prescribing decisions are made solely by licensed healthcare professionals. A prescription for a compounded medication will only be issued when medically appropriate. You may request a commercially available alternative if appropriate and available.

Patient Responsibilities. You agree to: (i) disclose complete and accurate medical history, allergies, and current medications; (ii) review pharmacy‑provided medication guides and labeling; (iii) follow all usage, storage, and disposal instructions; and (iv) contact the Dispensing Pharmacy with questions regarding ingredients, compounding process, or product quality.

Fulfillment, Quality, and Shipping Issues. All compounding, labeling, packaging, and shipping are performed by the Dispensing Pharmacy. Empower Pharmacy requires any shortages, errors, or issues to be reported within 48 hours of receipt; after 48 hours, no reimbursement or replacement will be issued and a new prescription and payment may be required. South End Pharmacy and Hallandale Pharmacy maintain their own reporting timelines and policies; you are responsible for reviewing and complying with those policies. Delivery concerns (loss, delay, damage, misdelivery) must be addressed with the pharmacy and carrier. See also Section 5 (Shipping Liability Disclaimer).

No Returns / No Refunds. Medications—whether compounded or not—are not returnable per pharmacy law and public safety regulations. Once a prescription is submitted to a pharmacy, medication charges, compounding/dispensing fees, and shipping costs are non‑refundable, even if unopened or unused. See Section 5 (Payment and Refund Policy) for details.

State Law & Availability. Compounded products may be restricted by state law or unavailable in certain jurisdictions. Services may be declined if your provider is not licensed where you are located or if a pharmacy cannot legally dispense to your location.

Limitation of Liability. To the fullest extent permitted by law, Direct Wellness LLC disclaims liability for any act or omission of a Dispensing Pharmacy, including but not limited to compounding errors, formulation variance, labeling, packaging, storage, and shipping. Any claims relating to pharmacy services must be directed to the Dispensing Pharmacy.

Partner Pharmacies

Direct Wellness LLC partners with licensed pharmacies to fulfill medications prescribed through our telehealth services. These pharmacies include, but are not limited to, Empower Pharmacy, South End Pharmacy, and Hallandale Pharmacy. Each pharmacy operates independently and is responsible for the compounding, dispensing, and delivery of medications. Direct Wellness LLC does not manufacture or directly dispense any medications.

By using our services, you acknowledge that medications may be shipped from one of these partner pharmacies based on availability, location, and provider discretion. Any questions or concerns regarding medication quality, delivery, or adverse reactions should be directed to the dispensing pharmacy.

Acknowledgment. By using our Services and accepting a compounded prescription, you acknowledge that you have read and understand this Compounded Medications Disclosure, accept the associated risks, and agree to comply with the applicable pharmacy policies, including reporting timelines.

FDA Notice:

Statements regarding supplements and compounded medications have not been evaluated by the FDA. These products are not intended to diagnose, treat, cure, or prevent any disease.

6. TELECOMMUNICATIONS CONSENT

By using our Services, you consent to receive communications from us via email, text, phone, video, and secure chat. These communications may include appointment reminders, billing notices, customer service responses, and service updates. You may opt out of non‑essential communications at any time by contacting admin@directwellnessnow.com.

Marketing communications will only be sent to individuals who have explicitly opted in. This opt‑in does not extend to communications from third‑party vendors such as Fullscript, who operate under their own terms.

SMS Communications

By providing your mobile phone number, you consent to receive SMS (text) messages from us related to your appointments, treatment plans, billing, and customer support. These messages may be sent using automated technology. Standard message and data rates may apply. You may opt out by replying STOP or contacting admin@directwellnessnow.com. Opting out may impact our ability to provide real‑time updates.

Communication Security Notice

Due to the nature of digital communications, we cannot guarantee 100% security or confidentiality of messages sent via SMS, email, phone, video, or chat. While we implement industry‑standard protections, these channels involve inherent privacy risks. By using these communication methods, you acknowledge and accept these risks.

7. INTELLECTUAL PROPERTY

All content, software, graphics, and trademarks are owned by Direct Wellness LLC or our licensors and are protected by U.S. and international IP laws. You may use them only for personal, non‑commercial purposes. Unauthorized use is strictly prohibited.

8. USER SUBMISSIONS

Any feedback, reviews, or suggestions submitted to us may be used freely. You grant us a license to use such submissions for any lawful purpose.

9. USER ACCOUNT AND SECURITY

If you register an account, you must keep your login credentials confidential and are responsible for all activity under your account.

10. PROHIBITED USES

Violations of this section may result in immediate account suspension or termination, cancellation of services without refund, and reporting to appropriate authorities where required. We reserve the right to take any lawful action to protect the safety and well‑being of our staff, affiliates, and users.

• Harassing, threatening, or abusing others, including our staff, healthcare providers, or affiliated third‑party professionals.
• Submitting false, misleading, or harmful content; misrepresenting your age; submitting falsified consent forms; or impersonating others.
• Attempting to access secured portions without authorization.
• Using bots, spiders, unauthorized scripts, or introducing malicious code, malware, ransomware, or viruses.

11. THIRD‑PARTY LINKS AND CONTENT

We are not responsible for third‑party websites or services linked through our platform. Use them at your own risk.

12. DATA AND PRIVACY

We are committed to safeguarding your data and use reasonable administrative, technical, and physical measures to protect it. However, no method of transmission over the Internet or method of electronic storage is 100% secure. While we follow industry best practices, we cannot guarantee complete data security. By using our Services, you accept this inherent risk.

If you are a patient receiving services directly from Direct Wellness LLC (not through a third‑party medical provider group), your medical records will be retained for a minimum of five (5) years from the date of your last contact, as required by federal and Florida state law.

We do not store any personal health information on our own servers. Instead, we use trusted third‑party vendors to facilitate services, including telehealth, communication, and fulfillment. These vendors implement their own security protocols and safeguards in accordance with HIPAA and other applicable standards. While we partner with platforms that prioritize data security, Direct Wellness LLC does not directly host or retain your health data, and therefore does not assume liability for the data handling practices of third parties.

We collect and store personal data as outlined in our Privacy Policy. By using our Services, you agree to such collection and processing within the United States.

13. CALIFORNIA PRIVACY RIGHTS

California users have rights under the CCPA/CPRA including the right to know, delete, or opt‑out of the sale/sharing of personal data. Visit “Do Not Sell or Share My Info” to manage your preferences.

14. DISCLAIMERS

To the fullest extent permitted by law, you agree that Direct Wellness LLC, its employees, medical providers, contractors, and third‑party affiliates (including partner pharmacies, supplement distributors, telehealth platforms, and software vendors) shall not be held liable or named in any legal claim for any direct or indirect damages, injuries, or losses arising out of or related to your use of the Services. All services are provided "as is" without warranties. You further agree not to initiate or join any legal proceeding against individual staff members, providers, or affiliates in their personal capacity for actions taken within the scope of their engagement with Direct Wellness LLC.

Testimonials and Endorsements

Direct Wellness LLC does not claim that testimonials are typical or universally achievable. They are provided voluntarily and are not compensated unless explicitly stated. Any endorsements by public figures, influencers, or affiliates are disclosed in accordance with applicable laws and advertising standards.

15. LIMITATION OF LIABILITY

Our total liability shall not exceed the greater of $1,000 USD or the total paid by you to us in the past 3 months. Some jurisdictional exceptions may apply.

16. INDEMNIFICATION

You agree to indemnify and hold us harmless from any claims or demands arising from your use of the Services or violation of these terms.

17. DISPUTE RESOLUTION

Informal Negotiation

Both parties agree to try to resolve disputes informally for 30 days before formal action.

Binding Arbitration

Disputes will be resolved by arbitration in Polk County, Florida, under the AAA Consumer Rules.

Small Claims

Either party may bring eligible claims in small claims court.

Exceptions

This does not apply to claims relating to IP, privacy violations, or injunctive relief.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Florida. Any disputes shall be subject to the exclusive jurisdiction of the courts located in Polk County, Florida.

18. TERMINATION

We reserve the right to suspend or terminate access to our Services at our discretion for violations of these terms.

19. MODIFICATIONS

We may update these terms at any time. Updates will be posted with a revised "Last Updated" date. Continued use of the Services after changes constitutes acceptance.

20. MISCELLANEOUS

These Terms represent the entire agreement between you and us. If any provision is found unenforceable, it shall not affect the remaining terms. These Terms are governed by the laws of the State of Florida.

21. CONTACT

This document may be updated further with legal counsel.