Terms of Service

We hope you read these entire Terms for full detail, but here are some key points:

• Survival Scripts does not presently provide medical advice.
• Instead, we help individuals establish and maintain a relationship with certain third-party healthcare providers. We also provide some non-medical services and information to our users.
• To determine if you are eligible for the Services, we will ask you some initial qualifying questions, which were approved by the relevant Practices and/or Providers, about yourself and your health.
• If you meet certain criteria, you will make an appointment with the Practice and create an account on the Practice’s and/or Provider’s patient portal. The portal may have the Survival Scripts logo, but the Practice, Provider, or its service providers operate it – not us.
• Payment and provision of medical services will happen on the portal and other services operated by the Practice and/Provider (or their service providers) – not through Survival Scripts’s site.
• Diagnosis or treatment may also require obtaining lab work or prescriptions through Labs and Pharmacies that are not operated by or for Survival Scripts.
• Your relationship with the Practice, Provider, Lab, and Pharmacy and your use of the portal or other sites provided by those entities will be governed by agreements with those entities – even though the Survival Scripts logo may appear on the portal or other sites.

This website is operated by Survival Scripts (“Survival Scripts”, “we”, “us” or “our”). These terms and conditions (the “Terms” or “Terms and Conditions”) govern (i) your use of and access to survivalscripts.com and other websites which are owned or operated by Survival Scripts or its affiliates (the “Site”); (ii) your access to and use of any other digital interfaces and properties (e.g., Applications) owned, controlled by, or made available to you by Survival Scripts (the “App”); and (iii) other online or mobile-enabled technology, digital tools and other services and products provided by Survival Scripts and its affiliates (together with the Site and App, the “Services”).

By using or otherwise accessing the Services or clicking to accept or agree to these Terms, you (1) accept and agree to these Terms; and (2) agree to comply with all rules, policies, and disclaimers posted on the Services or about which you are notified.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity or another individual, you represent and warrant that you have the authority to bind that entity or individual, your acceptance of the Terms will be deemed an acceptance by that entity or individual, and “you” and “your” herein shall refer to that entity, its directors, officers, employees, and agents.

PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES DO NOT PROVIDE MEDICAL OR HEALTHCARE ADVICE.

1. Our Role. Survival Scripts does not provide any medical services itself. Depending on your personal situation, state of residence, and evolution of our Services, Survival Scripts may provide: (i) access to general information on health and wellness topics; (ii) access to independent medical groups who provide health care services through the Services (“Providers”) who are contracted by certain independent, clinical professional practice groups (collectively, the “Practices”); (iii) access to laboratory services performed by third party clinical laboratories (“Labs”); (iv) access to prescription fulfillment services offered by third party pharmacies (“Pharmacies”); (v) assistance with obtaining insurance coverage from your existing health care plan for the relevant Services; and (vi) access to content from or interactions with in-house or third-party dietitians, health coaches, and trainers.

We do not control or interfere with the practice of medicine by the Providers and Practices, each of whom is solely responsible for directing the medical care and treatment they provide. Any information or advice received from a Practice comes from the Practice or Provider alone, and not from Survival Scripts. You acknowledge and agree that Survival Scripts 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 us. By using the Services, you may be entering into a doctor-patient or other health care provider-patient relationship with a Provider and/or one or more Practices. Survival Scripts is not liable for any professional advice obtained from a Practice or Provider via the Services or for any other information obtained on the Services.

The content of the Services, including, without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals (collectively, the “Survival Scripts Content”), is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of a qualified health care professional if you have any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Survival Scripts or in connection with any communications supported by Survival Scripts, including, but not limited to, Survival Scripts Content and the communications with Survival Scripts nutritionists and health coaches, is intended to be for general informational purposes only, and is in no way intended to create a physician-patient relationship as defined by state and federal law. The Services are not a substitute for professional medical diagnosis or treatment. Reliance on any information appearing on the Services, whether provided by Survival Scripts, its content providers, nutritionists, health coaches, clients, visitors to the Services, or others, is solely at your own risk.

Although Survival Scripts may provide assistance with obtaining insurance coverage from your existing health care plan, Survival Scripts does not offer or sell insurance itself. Any advice provided by a dietician is nutritional advice, not medical or dietetic advice. Certain Services may not be available in all states.

2. How the Services Work. We will ask you some initial qualifying questions about yourself and your health. These questions were approved by the relevant Practices. If the answers to those questions meet certain criteria specified by a Practice, the Practice will invite the user to schedule an initial appointment and establish an account on the Practice’s and/or Provider’s own patient portal (the “Patient Portal”), which is not operated by Survival Scripts or Survival Scripts’s service providers. The Patient Portal may have the Survival Scripts logo, but it is operated by the Practice, Provider, or its service providers, not us.

In the Patient Portal, you will answer a more detailed questionnaire designed by the Practice, which will request additional medical information and other personal information.

Payment, diagnosis, and any provision of telehealth will happen through the Patient Portal and other services operated by the Practice and/Provider or their service providers (collectively with the Patient Portal, the “Healthcare Provider Sites”), not through Survival Scripts’s site. Our fees may appear as a charge from “Survival Scripts” (instead of “Survival Scripts”).

Diagnosis or treatment may also require obtaining lab work or prescriptions through Labs and Pharmacies that are not operated by or for Survival Scripts (collectively, “Third Party Suppliers”).

Your relationship with the Practice, Provider, and Third Party Suppliers, and your use of the Patient Portal and other Healthcare Provider Sites, will be governed by the relevant third-party entity’s Additional Terms (as defined in Section 4 below) and are subject to the privacy policies and practices of the relevant third-party entity and its service providers, even though the Survival Scripts logo may appear on the Healthcare Provider Sites.

3. Modification of the Terms or the Services. We reserve the right, in our sole discretion, to update these Terms by posting the updated version and updating the “Last Updated” date at the top of the page.

Unless you first reject the updated Terms by discontinuing all use of the Survival Scripts Services, sending a notice of termination to support@survivalscripts.com, and canceling any subscription you may have by following the procedure at Section 7(c), you will be deemed to accept the changes and they will take effect at the “Update Effective Time,” which is the earlier of: (a) 11:00 a.m. Eastern time on the 31st day after Survival Scripts posts them (or a later date that we specify in the update, if any); (b) your first ever use of a new or changed feature of the Survival Scripts Services that is subject to the updated Terms, or (c) your taking some other action to specifically accept the updated Terms, such as clicking to accept them.

You must send the termination notice from the email address associated with your account, or if this is not possible, you must promptly cooperate with us to identify your account. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. At your request, following your termination, we will issue you a pro-rated refund for any remaining unused portion of subscription fees you have paid. You are prohibited from using the Survival Scripts Services after sending a notice of termination, except as may be necessary to follow any instructions we may provide via email for authentication of your identity and request.

Any changes to Section 19 (“Arbitration and Class Action Waiver”) are also subject to the additional provisions in that section regarding changes to that section. Survival Scripts reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the Services (or any part thereof). You agree that Survival Scripts shall not be liable to you for any modification, suspension, or discontinuance of the Services.

4. Additional Terms. In order to access or purchase certain Services, you may be required to agree and enter into, or acknowledge receipt of, one or more additional agreements, consents, assignments, releases or notices as a condition of accessing, purchasing or receiving those Services (such additional agreements, consents, assignment, releases or notices, collectively as and when furnished and entered into or acknowledged, “Additional Terms and Conditions”).

Such Additional Terms and Conditions may be specific to (a) a supplier of the Services, including a specific or group of Labs, Pharmacies, Practices or Providers, (b) a Service or category of Service or (c) any combination thereof. In many cases, Survival Scripts is not a party to Additional Terms and Conditions, and you will enter into such Additional Terms and Conditions with a third party such as a Practice or Provider. You must comply with the Additional Terms and Conditions.

Pharmacy Services. By accepting these Terms of Use, you additionally understand and agree that Survival Scripts is not acting as a pharmacy, nor does Survival Scripts control or interfere with any such services. By accepting these Terms of Use, you understand and agree that you may be entering into a relationship with a pharmacy, pharmacist, and/or pharmacy group or other such relationship with any one or more such third-party entities.

Partner Pharmacies

• RedRock Pharmacy — https://www.redrockhomepharmacy.com/ — 1240 E 100 S #220, St. George, UT 84790 — 801-433-9500
• Health Warehouse — https://www.healthwarehouse.com — 7107 Industrial Rd. Florence, KY 41042 — 800-748-7001
• Precision Compounding Pharmacy — https://mypcphealth.com/ — 2657 Merrick Road Bellmore, NY 11710 — 516-833-6262
• Triad Rx — https://www.triadrx.us — 26258 Pollard Road, Daphne, AL 36526 — 251-380-7630

Only individuals who are United States residents and are at least 18 years of age and have the right, authority, and capacity to enter into these Terms are permitted to access the Services. Please contact us at support@survivalscripts.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.

You may be required to create an account to access certain parts of the Services (each, an “Account”). To register for an Account, you may be required to provide us with certain information, such as a name and password. By creating an Account, you represent and warrant that any information to create your Account is accurate, current, and complete information, and you further agree to update the information in your Account to keep it accurate, current, and complete. You are solely responsible for safeguarding your Account credentials.

You are solely responsible for all activity that occurs on your Account. You must notify Survival Scripts immediately of any breach of security or unauthorized use of your Account. Survival Scripts will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by Survival Scripts or a third party arising from someone else using your Account due to your conduct regardless of whether you have notified us of such unauthorized use.

If Survival Scripts has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services. We also reserve the right to disable or close any Account at any time and for any reason or for no reason.

You authorize us to collect, use, disclose and otherwise handle your personal information as set forth in our Privacy Notice, which we may modify from time to time.

1. Subscription Fees. If you purchase a Subscription to the Services, you will be charged a Subscription fee at the rate presented to you at the time of registration, plus any applicable taxes and other charges (the “Subscription Fee”) at the beginning of your Subscription and automatically at the beginning of each subsequent Subscription period commencing thereafter, at the then-current Subscription Fee.

BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE CALIFORNIA BEHAVIORAL HEALTH TO AUTOMATICALLY INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW.

The cost of medication is not included in our Testosterone Replacement Therapy (TRT) plan fees. Medication is prescribed only if approved by a licensed clinician and will be billed separately once authorized.

Your Subscription will automatically continue at the interval indicated at registration. We may receive updated credit card information from your credit card issuer. If you would like to use a different payment method, please contact us at support@survivalscripts.com. The Subscription Fee is non-refundable except as expressly set forth in these Terms or in accordance with applicable law.

2. Refunds. All sales are final. Survival Scripts may consider refund requests on a case-by-case basis, and decisions on whether to grant a refund request are in the sole discretion of Survival Scripts. If we issue a refund, credit, or discount, we are under no obligation to issue the same or similar refund in the future.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME UNLESS REQUIRED BY LAW.

For some members, lab work is required prior to their initial consultation. If labs are not provided or the member is unable to get their labs completed with a third party vendor, the member is not eligible for a refund. If the member fails to schedule and join their initial consultation within three months of agreeing to our terms and conditions their opportunity for a refund will be terminated. Survival Scripts does not accept government insurance or work with government insurance companies at this time. Members must be between the ages of 18-69 to join Survival Scripts. Members are required to complete a series of questions when requesting refills. Survival Scripts reserves the right to change policies surrounding multi-month prescriptions at any time.

3. Cancellation. You may cancel your Subscription up to seventy-two (72) hours before your next Subscription period begins, but please note that such cancellation will be effective at the end of the then-current Subscription period and you cancel only future charges associated with your Subscription.

YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION UNLESS REQUIRED BY LAW. To cancel, you can send an email to support@survivalscripts.com.

Cancellation & Refund Policy for Prepaid Plans. By selecting a multi-month prepaid membership, you receive discounted pricing in exchange for your commitment to the full term selected. While your membership fee is collected upfront, medications are dispensed and shipped monthly following the completion of your required monthly medical intake. If you request cancellation before the completion of your prepaid term, refunds will be issued as follows:

• The total amount paid will be recalculated based on the standard 1-month rate for each month of service already rendered (i.e., for each month where medication was dispensed).
• The difference between the recalculated total and the amount originally paid will be refunded to you.
• This approach ensures that subscription discounts are only applied to the unused portion of your term.

4. Other Fees. If you miss a scheduled appointment with a provider or cancel a scheduled appointment with a provider with less than twenty-four (24) hours’ notice, you may be charged a no-show fee or late cancellation. This charge is separate from and in addition to your Subscription Fee.

5. How to Reschedule. Members may reschedule appointments by logging into the Provider Portal and selecting a new appointment time. Additionally, members may email support@survivalscripts.com to request a new appointment. If you reschedule an appointment with less than twenty-four (24) hours notice, a late cancellation fee may be assessed.

6. Termination by Survival Scripts. We may terminate your Subscription at our sole discretion and without any notice. If we cancel your Subscription, we may give you a prorated refund based on the amount of time remaining, provided, however, that we will not be obligated to grant you a refund if we terminate your Account or your Subscription because we determine, in our sole discretion, that your actions or your use of the Services violates these Terms or any applicable law or has harmed another user.

7. Changes to Subscription Terms. We may change the Subscription terms or Subscription Fees at any time on a going forward basis in our discretion. If the pricing for your Subscription increases, we will notify you, and provide you an opportunity to change your Subscription before applying those changes to your Account. Your continued use of the Services after the changes become effective will constitute your acceptance of the changes.

8. Discounts and Promotions. From time to time, we may offer some users trial, discounted, or other promotional Subscription Fees. By participating in a promotional offer, you agree to the additional terms included with the promotional offer. Only one trial or promotional membership is available per household and may not be combined with any other promotion. Upon completion of the promotional period, your Subscription will continue to automatically renew at the then-current Subscription Fee. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.

You agree that we may contact you to obtain consent for a testimonial regarding services provided by Survival Scripts, Practices, Providers, or Third Party Suppliers. In the event you choose to provide us with a testimonial, you consent to us using your provided testimonial, photo, first name, last initial, and similar information in marketing materials.

Subject to your compliance with these Terms and any other provisions governing your use of the Services, we grant you a non-transferable, non-exclusive, revocable, limited license to access and use the Services for your personal, non-commercial use only. Your use of the Services is at your own risk.

All right, title, and interest in and to the Services are and will remain the exclusive property of Survival Scripts and its licensors. All materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of Survival Scripts and its licensors.

Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license to the Services and use of the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Survival Scripts reserves all rights not expressly granted by these Terms.

You agree you will not use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Survival Scripts. Without limitation, you agree not to:

• Create multiple Accounts or misrepresent your identity;
• Engage in any conduct that is fraudulent, inaccurate, infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of Survival Scripts, its users, or any third party;
• Violate any federal, state, or local law, statute, ordinance, regulation, or ethical code;
• Engage in any behavior that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
• Submit any data containing viruses, Trojan horses, or other harmful computer programming routines;
• Remove or modify any copyright, trademark, or other proprietary rights notice;
• Scrape, access, monitor, index, frame, link, or copy any content on the Services using automated means;
• Decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services;
• Probe, scan, or test the vulnerability of any system or network;
• Attack the Services via a denial-of-service attack;
• Resell or make any commercial use of the Services without our prior written consent;
• Access the Services or content to build a similar or competitive website, product, or service;
• Attempt to indirectly undertake any of the foregoing.

Survival Scripts has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Survival Scripts may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

Survival Scripts respects the intellectual property rights of others. If you believe that any content appearing in the Services has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below.

To file a copyright infringement notice, you will need to send a written communication that includes the following:

• Your name, address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• The exact URL or a description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized;
• An electronic or physical signature of the person authorized to act on behalf of the copyright owner; and
• A statement by you, under penalty of perjury, that the above information is accurate.

Survival Scripts
ATTN: Copyright Infringement Notification
5955 Alpha Rd Ste 102, Unit #5072, Dallas, TX 75240
support@survivalscripts.com

By sending us any feedback, comments, questions, or suggestions concerning Survival Scripts, the Services, or us (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties.

By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and (iv) irrevocably waive any claims and assertions of any moral rights contained in such Feedback.

Program Name: Survival Scripts Text Messaging Service. You may sign up to receive certain Survival Scripts notifications or information via text messaging. When you opt in, you agree to receive recurring automated or non-automated appointment reminders, account notifications, product updates, promotions, and other relevant informational text messages from us, including messages that may be sent using an automatic telephone dialing system to the mobile telephone number you provide.

Program Name: Survival Scripts Marketing. You may sign up to receive certain Survival Scripts notifications or information via text messaging. When you opt in, you agree to receive recurring automated or non-automated marketing messages (e.g., promos and cart reminders) from us, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provide.

Message Frequency: Message frequency will vary. Survival Scripts reserves the right to alter the frequency of messages sent at any time and to change the short code or phone number from which messages are sent.

Opt-Out and Support: You can cancel the SMS service at any time by texting “STOP” to the number you are receiving text messages from. If you are experiencing issues, reply with the keyword “HELP” for more assistance, or contact our support team directly at support@survivalscripts.com.

Important Disclosures:

• Carriers are not liable for delayed or undelivered messages.
• Message and data rates may apply.
• If you have questions about your text or data plan, please contact your wireless provider.
• Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas.

Privacy Policy: For more information regarding privacy practices, please review our Privacy Policy.

The Services and the Survival Scripts Content may include content provided by third parties, including materials provided by bloggers, content creators, medical professionals, nutritionists, or other third parties. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided or prepared by any third parties.

The Services may contain links or otherwise direct you to websites, applications, products or services operated by other parties (“Third-Party Services”). If you decide to access any Third-Party Services, you do so entirely at your own risk and subject to the terms and conditions of use for that Third-Party Service.

Duration. The agreement between you and Survival Scripts reflected by these Terms is effective when you access the Services and remains in effect until either you or we terminate the agreement in accordance with these Terms.

Termination by Users. Users may terminate their Account by written notice via e-mail to support@survivalscripts.com.

Termination by Survival Scripts. At any time, with or without notice, for any or no reason, Survival Scripts reserves the right to modify or discontinue any portion or all of the Services, and to restrict, suspend, and terminate your Account.

YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES.

You agree to release and to indemnify, defend, and hold harmless Survival Scripts and its parents, subsidiaries, affiliates, and agents, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs), claims, actions, inquiries, or investigations of any kind whatsoever arising out of or resulting from your violation of these Terms and Conditions, your use or misuse of the Services, or your violation of any third party’s rights.

In the event that you have a dispute with one or more other users, you release Survival Scripts, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Services.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Survival Scripts HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE SERVICES AND CONTENT AVAILABLE ON THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER Survival Scripts NOR ANY PERSON ASSOCIATED WITH Survival Scripts MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.

WITHOUT LIMITATION, YOU UNDERSTAND AND AGREE THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY, AND THE SERVICES AND CONTENT PROVIDED THEREIN ARE NOT MEDICAL OR HEALTHCARE ADVICE.

YOU ARE SOLELY RESPONSIBLE FOR THE ACTIONS TAKEN IN YOUR ACCOUNT. Survival Scripts EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your access to or use of the Services.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.