Terms and Conditions

Welcome. Bespoke (“Bespoke,” “we,” or “us”) provides online health-related services by arranging digital, image-based and web-based medical consultations with licensed providers, providing certain health-related information (“Information”), arranging for prescriptions to be filled by licensed pharmacies, and offering other related products and services, including through partner brands (collectively, the “Services”). References to “Bespoke” include its subsidiaries and affiliated entities. “You” or “your” means you, and any other person accessing your account. These Terms and Conditions apply to your use of this website and any website on which they are posted (the “Site”) and, to the extent referenced, to your registration for and use of the Services.

Your affirmative act of using or registering with the Site signifies that you agree to these Terms and Conditions and our Privacy Policy. If you do not agree, do not use or register with the Site.

A. Intellectual property

Bespoke retains all right, title, and interest in the Services and in any Information, products, documentation, software, or other materials made available on the Site (the “Content”), and in any related patent, copyright, trade secret, trademark, service mark, or other intellectual property, except Information licensed to Bespoke, in which case the licensor retains its rights.

You agree not to reproduce, retransmit, distribute, sell, publish, broadcast, or circulate any Content to any other party, except where used for your further medical care. Use, reproduction, or redistribution of Content, including trademarks, service marks, or logos, is prohibited without our prior written permission. Nothing on the Site grants any license or right to use any trademark, service mark, or logo displayed on it.

B. Notices and how to contact us

We may give you notice by email to the address you provided, by a general notice on the Site, or by written communication to the address in your account. You may give notice to Bespoke at any time by email to support@bespokeprescriptions.com. Our support team responds within 24 hours, Monday–Friday, 9am–8pm EST.

C. Eligibility

You represent that you are at least 18 years of age. The Services are not intended for, and are not directed to, anyone under 18. If you act on behalf of an entity, you represent that you have authority to bind it. You represent that you are not barred from receiving the Services under the laws of the United States or any other applicable jurisdiction.

The Services are available only to patients located in the United States in a state where Bespoke provides services at the time of the consultation. We currently provide services in the following states:

Bespoke currently provides services to patients located in the following 36 states:

• Alabama (AL)
• Arizona (AZ)
• California (CA)
• Colorado (CO)
• Connecticut (CT)
• Florida (FL)
• Georgia (GA)
• Illinois (IL)
• Iowa (IA)
• Kansas (KS)
• Kentucky (KY)
• Maryland (MD)
• Massachusetts (MA)
• Michigan (MI)
• Minnesota (MN)
• Mississippi (MS)
• Missouri (MO)
• Montana (MT)
• Nebraska (NE)
• Nevada (NV)
• New Jersey (NJ)
• New York (NY)
• North Carolina (NC)
• Ohio (OH)
• Oklahoma (OK)
• Oregon (OR)
• Pennsylvania (PA)
• South Carolina (SC)
• Tennessee (TN)
• Texas (TX)
• Utah (UT)
• Virginia (VA)
• Washington (WA)
• West Virginia (WV)
• Wisconsin (WI)
• Wyoming (WY)

Services are not available to patients located in any other state or outside the United States. Treatment depends on where you are located at the time of your consultation.

To register, subscribe to, or use the Site and Services, you: (i) agree to comply with these Terms and Conditions; (ii) acknowledge the Privacy Policy; (iii) agree to complete your registration fully, accurately, and truthfully, including your name, mailing address, phone number, and email address (“Personal Contact Information”); (iv) agree to complete accurately all other items requested when you use the Site or Services; and (v) agree to receive communications from Bespoke by mail or email. You may opt out of marketing communications at any time (see “CAN-SPAM Act compliance” below).

• You consent to Bespoke disclosing your Personal Contact Information to its agents, employees, business associates, and advisors, to other healthcare entities where required or requested, and as described in our Privacy Policy.
• To determine compliance with these Terms and Conditions and the Privacy Policy, we may monitor your access to and use of the Site, the Services, and the Content. We may refuse any registration for any reason, including non-compliance with an eligibility requirement.
• Not for emergencies. The Site and Services are not for medical emergencies or urgent situations. If you think you have an emergency, call 911 immediately.

D. Limitations on use

You agree not to: (i) access the Site or use the Services unlawfully or for any unlawful purpose; (ii) post or transmit any message under a false name, or any material that is libelous, defamatory, obscene, fraudulent, false, infringing, or that contains a virus or other harmful code; (iii) impersonate or misrepresent your identity or affiliation; (iv) tamper with, hack, or otherwise corrupt the security or proper function of the Site or Services; (v) use robots or scripts with the Site; or (vi) attempt to reverse engineer, decompile, or otherwise alter any code, Information, or Content on the Site.

Your use of the Site will not infringe any intellectual property, publicity, or privacy rights of any party. Bespoke may delete any information you provide that it considers fraudulent, inaccurate, abusive, defamatory, obscene, or infringing.

E. Your account

You are responsible for keeping your password confidential and for all activity under it. You agree not to let anyone else use your password and to notify Bespoke promptly at support@bespokeprescriptions.com of any unauthorized use or other security concern.

F. Electronic Medical Record

Bespoke creates an Electronic Medical Record for you to store your personal health information, including conditions, allergies, and medications, and so that a licensed provider can conduct a consultation with you in accordance with applicable state and federal law. Information you provide to a provider becomes part of your Electronic Medical Record. You agree to provide accurate and complete information, to review it periodically, and to update it as needed. See our Privacy Policy for how this record is used. You are responsible for confirming the accuracy of any third-party information in your record. It is solely your provider’s obligation to use and disclose the information in your medical record in accordance with applicable law, including obtaining any consents or authorizations required to share it with other providers or healthcare institutions.

G. Operation and record retention

Bespoke has sole discretion over the operation of the Site and Services and may withdraw, suspend, or discontinue any feature. We are not responsible for transmission errors or for corruption or compromise of Information carried over telecommunication carriers. We may retain, delete, or destroy communications and Information under our record retention policies. We currently retain Personal Contact Information and Electronic Medical Records for seven (7) years, or longer where required by law, and may change this practice subject to applicable law.

H. Fraud

Bespoke may contact you by phone, mail, email, or web-based communication to verify your Personal Contact Information or other information needed to provide the Services. If you do not provide requested information within fourteen (14) days, we may reject or suspend your registration until you comply.

I. Payment

You agree to pay all amounts due for the Services you use, and any other fees charged in connection with your use of the Services, when due. You may be asked to provide a valid payment card for one-time or recurring payments.

You agree that all Services procured through Bespoke or its partner brands are to be paid for directly, and you are expressly prohibited from seeking reimbursement or submitting any claim for payment to any public or private health insurance payor.

J. Secure purchases

See our Privacy Policy for the measures we take to protect your payment and purchase information.

K. Upgrades and downgrades

Where offered, you may change the level of Services you subscribe to by following the instructions provided. Changes take effect no later than your next full billing cycle.

L. Returns

Prescription medications cannot be returned to the pharmacy under pharmacy regulations. If you cancel after a prescription has shipped, it cannot be returned, but future shipments can be cancelled immediately.

M. Prescription program

You may be eligible to receive prescribed medication only after you accurately and fully complete a medical history assessment and a web-based medical consultation, in compliance with state law governing the establishment of a provider–patient relationship, and only where permitted in your state. Whether to prescribe is determined by the provider in their sole discretion and subject to their professional and legal obligations. Prescriptions may be filled by a licensed mail-order pharmacy network. Any prescription you receive is solely for your personal use. You agree to read all product information and labels carefully and to contact a provider or pharmacist with any questions.

N. CAN-SPAM Act compliance

We intend our emails to comply with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”). If you receive an email from us that you believe does not comply, contact us at support@bespokeprescriptions.com. To stop marketing emails, use the unsubscribe link in the email or reply with “unsubscribe.” You cannot opt out of transactional and care-related messages while you use the Services, because they are needed to provide them.

O. Third-party websites

The Site may link to third-party websites. These Terms and Conditions and our Privacy Policy apply only to your relationship with Bespoke. We are not responsible for the terms, privacy practices, accuracy, legality, or content of any third-party website, and a link does not imply endorsement. Third parties are not authorized to make any representation or warranty on our behalf. Review the policies of any third-party website you visit.

P. Right to change these Terms and Conditions

Bespoke may change these Terms and Conditions at any time. Changes are effective when posted on the Site. Your continued use of the Site after a change means you agree to the revised Terms and Conditions.

Q. Term and termination

These Terms and Conditions begin when you first access the Site. Bespoke may terminate them and your right to use the Services at any time, with or without cause. They terminate automatically if you fail to comply with them.

R. Disclaimers

1. Medical disclaimers

Bespoke makes no representation or warranty about the content of any treatment response from any provider. You and your provider are solely responsible for all information and communication exchanged during a consultation. Bespoke does not guarantee that a web-based consultation is the appropriate course of treatment for your health concern. You agree to be under the care of a primary care provider and to contact them immediately if your condition changes or your symptoms worsen. If you need urgent care, contact your local emergency services immediately. Bespoke verifies the state licensing status of providers using the Service.

To create a provider–patient relationship through the Services, (i) you must complete a medical history assessment and medical consultation that is submitted to the provider, and (ii) the provider must complete a consultation with you and respond by recommending a course of treatment or giving medical advice specifically for you.

2. Content disclaimers

Do not use Information on the Site to replace a relationship with a physician or other healthcare professional. If you experience adverse side effects from a medication obtained through the Services, stop the medication and seek medical advice immediately. Always ask a physician or other qualified provider about any medical condition and before starting, stopping, or changing any treatment. Never delay or disregard medical advice because of something you read on the Site.

3. Possible risks of telemedicine

The medical information received by a provider may be insufficient for an appropriate diagnosis or may affect their medical decision; for example, a photo’s resolution may be inadequate. Other risks are identified in the indications for use, instructions for use, and package insert that accompany any medication prescribed through the Services. You agree to review these carefully before using any medication, not to use a medication if you are uncertain about its risks, and to contact your provider with any questions. A data breach, though we work to prevent one, could affect the security of your medical, personal, and financial information. See our Telehealth Consent for more detail.

4. Bespoke uses telemedicine

Bespoke uses telemedicine to exchange medical information between patients and providers. It is not a replacement for an in-person examination. Bespoke collects medical information directly from patients, so providers do not have access to all of your medical records, which could lead to an adverse event. You are responsible for providing accurate information about your health and other medical care. You have the right to access your personal medical information as provided by federal and state law. Providers may be located outside the state where you live, and are not available to provide emergency care.

5. Financial interests

Providers and other parties involved in the Services may have a financial interest in prescription medications sold through the Services. See the Open Payments notice in our Telehealth Consent.

6. No warranties or representations

Medical knowledge changes quickly. The Site is not error-free or a comprehensive source of information on any topic. Bespoke makes no warranty about the accuracy of Information on the Site and assumes no responsibility for consequences of any action or inaction you take based on it. You assume the entire risk of using the Site.

7. Products and services subject to change

Features and specifications of products and services on the Site may change at any time without notice.

8. Third-party information

Some Information on the Site is provided by third parties, who have not reviewed or endorsed any information, products, or services except those clearly marked as theirs.

9. General disclaimers

Your use or misuse of the Site and the Services is at your sole risk. All information, products, content, and services on or through the Site are provided “as is,” without any representation or warranty of any kind, express or implied. To the fullest extent permitted by law, Bespoke and its shareholders, directors, employees, officers, contractors, agents, representatives, and affiliated parties (“Affiliates”) disclaim all representations and warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer viruses, and make no representation about the reliability, accuracy, timeliness, usefulness, adequacy, completeness, or suitability of the information, products, and services provided. Bespoke disclaims any liability for the acts or omissions of any provider delivering care through the Site or Services.

Bespoke is not responsible for typographical or technological errors; electronic, human, or programming errors, omissions, interruptions, defects, or delays; incorrect, late, lost, or misdirected information; technical failures; inadvertent loss of information; or unauthorized human intervention. Bespoke makes no representation about the satisfaction of government regulations requiring disclosure of information on prescription medications, and does not endorse or validate any third party’s promotions, products, services, or advertising.

S. Limitation of liability and indemnification

1. Limitation of liability

In no event will Bespoke be liable for any direct damages in excess of (i) one month’s subscription rate of your plan, or (ii) if no subscription price was paid or required, $1,000. To the maximum extent permitted by law, in no event will Bespoke be liable for any special, punitive, indirect, incidental, or consequential damages, including personal injury, wrongful death, loss of use, loss of profits, interruption of the Services, or loss of information, however arising, in connection with the use of or inability to use the Site or the Services, even if advised of the possibility of such damages. Where a jurisdiction restricts these limitations, they apply only to the extent permitted.

2. Indemnification

You agree to defend, indemnify, and hold harmless Bespoke and its Affiliates from all claims, losses, liabilities, damages, costs, and attorneys’ fees arising out of or in connection with (i) your use or misuse of the Site, the Services, or any Content; (ii) your subscription; (iii) your breach of these Terms and Conditions or the Privacy Policy; (iv) your relationship with any provider; (v) any information you provide to Bespoke, its Affiliates, any provider, or any support agent; or (vi) any negligent or wrongful act or omission by you, including infringement of any third party’s intellectual property or privacy rights.

T. Waiver

You agree to waive, to the fullest extent permitted by law, all laws that may limit the efficacy of any indemnification provision or release on the Site.

U. Force majeure

Bespoke is not liable for any loss arising from delay or interruption of its performance due to any act of God, act of governmental authority, war, riot, flood, civil commotion, severe weather, or any other cause beyond its reasonable control.

V. No third-party rights

Unless expressly stated otherwise, nothing in these Terms and Conditions or the Privacy Policy confers any rights or remedies on anyone other than you, Bespoke, and its Affiliates.

W. Privacy

By accepting these Terms and Conditions, you consent to the collection, use, and disclosure of your personal and health information as described in our Privacy Policy, which is incorporated into these Terms and Conditions by reference. See also our Cookie Policy and Consumer Health Data Privacy Policy.

X. Entire agreement; headings; severability

These Terms and Conditions and the Privacy Policy are the entire agreement between you and Bespoke about their subject matter and supersede any prior understandings. Headings are for convenience only. If any provision is found invalid or unenforceable, the remaining provisions remain in effect, and the provision will be reformed only to the extent necessary to make it enforceable.

Y. Assignment and waiver

You may not assign or transfer these Terms and Conditions or the Privacy Policy without Bespoke’s prior written consent. Bespoke may freely assign them. They bind and benefit the parties’ heirs, successors, and permitted assigns. A failure or delay in enforcing any provision is not a waiver; a waiver must be in a signed writing.

Z. Governing law, dispute resolution, and venue

1. Choice of law

The laws of the State of Utah govern these Terms and Conditions and any claim or dispute you may have against us, without regard to conflict of laws rules. The parties acknowledge that these Terms and Conditions evidence a transaction involving interstate commerce, and any arbitration under them is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16).

2. Dispute resolution

If there is any controversy, claim, action, or dispute arising out of or related to your use of the Site or the Services, or the breach, enforcement, interpretation, or validity of these Terms and Conditions, other than disputes involving Bespoke’s intellectual property (“Dispute”), both parties will first try in good faith to settle it by giving the other party written notice describing the Dispute and allowing thirty (30) days to respond or settle. Notice to Bespoke must be sent to support@bespokeprescriptions.com.

This procedure is a condition precedent to any litigation or claim. If a Dispute cannot be resolved this way, you agree that it will be decided exclusively by binding arbitration on an individual basis. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity. Other rights, including discovery and appeal, will be unavailable or more limited in arbitration. All Disputes will be submitted exclusively to JAMS (www.jamsadr.com) under its rules then in effect, before one mutually agreed arbitrator.

The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of these Terms and Conditions or the Privacy Policy, except disputes involving Bespoke’s intellectual property. The Site is operated for users in the United States. If you access it from elsewhere, you do so on your own initiative and are responsible for complying with local laws.

3. Enforcement costs

In any action or proceeding to enforce these Terms and Conditions or the Privacy Policy, the prevailing party is entitled to recover reasonable attorneys’ fees, costs, and expenses, including those incurred in arbitration, appeal, bankruptcy, and post-judgment proceedings, in addition to any other relief.