Last updated: February 1, 2024

APEX ONE WELLNESS SERVICES ARE INTENDED FOR NON-EMERGENCY MEDICAL CONDITIONS AND CONCERNS. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE DIAL 911 OR CONTACT YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.

BY CLICKING "I AGREE," CHECKING ANY BOX TO SIGNIFY ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE, OR OTHERWISE AFFIRMING YOUR AGREEMENT TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THESE TERMS OF SERVICE (“TERMS” OR “AGREEMENT”). IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES PROVIDED BY APEX ONE WELLNESS.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE. BY ACCEPTING THESE TERMS, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY OR PARTICIPATION IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION UNLESS YOU OPT OUT IN ACCORDANCE WITH THESE TERMS. PLEASE REVIEW SECTION XXXIV CAREFULLY.

I. Introduction

Apex One Wellness, its affiliates, and subsidiaries (collectively referred to as "Apex One Wellness," "we," "our," or "us") own and operate the website www.apexonewellness.com, associated mobile applications, and other related services or platforms (collectively, the "Sites"). Together, these Sites and services, including telehealth consultations, customer support, pharmacy coordination, and other offerings, constitute the Apex One Wellness Services (“Service” or “Services”).

By accessing or using the Apex One Wellness Services, you (“you,” “your,” or “user”) agree to comply with these Terms, which constitute a legally enforceable agreement. These Terms govern your use of the Sites and Services and include important information about your rights and responsibilities. Please read this Agreement carefully before using our Services.

II. Acceptance of the Terms

Your use of the Apex One Wellness Services is subject to this Agreement, applicable laws, and any additional policies referenced herein. By accessing, using, or registering for the Services, you agree to be bound by these Terms. If you do not agree with these Terms, you are prohibited from accessing or using the Services.

We reserve the right to modify, update, or discontinue any part of these Terms or the Services at any time. Changes will be effective upon posting to the Sites. Your continued use of the Services after any changes constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must immediately stop using the Services.

III. Relationship with Apex One Wellness

Apex One Wellness acts as a facilitator to connect users with licensed healthcare professionals (“Providers”) through affiliated medical professional entities (“Medical Groups”). While Apex One Wellness coordinates telehealth consultations, pharmacy services, and other offerings, it does not directly provide medical care. All medical care is delivered by independent Providers employed or contracted by Medical Groups.

Apex One Wellness ensures that the Services are conducted through secure, HIPAA-compliant platforms, enabling Providers to assess, diagnose, and, where clinically appropriate, prescribe treatments or medications. All clinical decisions are solely the responsibility of the Providers.

IV. Telehealth Services

Telehealth services provided through Apex One Wellness involve electronic communications between Providers and patients. These communications may include real-time video calls, secure messaging, or asynchronous evaluations.

• Scope of Services: Providers may assess your condition, recommend treatment options, and prescribe medications where appropriate. Medications may include both commercially available and compounded products.

• Technology Requirements: You are responsible for ensuring that your devices meet the technical requirements for telehealth consultations. Apex One Wellness is not liable for service disruptions caused by technical issues on your end.

• Limitations: Certain conditions or treatments may not be suitable for telehealth. Providers reserve the right to recommend alternative care, such as an in-person consultation.

V. Membership and Access

By creating an account with Apex One Wellness, you agree to the following membership terms:

1. Basic Membership:

   All users are enrolled in a "Basic Membership," which includes access to the Sites, customer support, pharmacy and clinical care coordination, and health information management.

2. Medication Fulfillment

   Prescriptions, if issued, may be fulfilled by licensed partner pharmacies. By using the Services, you consent to the transfer of prescriptions between these pharmacies as needed for coordination.

3. Third-Party Services

   Apex One Wellness facilitates but does not control the services provided by third-party entities, including pharmacies, labs, or Providers. These third parties operate independently and are solely responsible for their services.

VI. Independent Medical Judgment

Apex One Wellness does not practice medicine and is not responsible for the healthcare services provided by affiliated Providers. Providers are independent professionals who use their clinical judgment to determine the appropriate course of care. By using the Services, you acknowledge that Apex One Wellness is not liable for any medical advice, diagnosis, treatment, or outcomes resulting from the Services.

VII. Privacy and Communications

By registering for Apex One Wellness Services, you consent to receive electronic communications from us. These may include account notifications, appointment reminders, and treatment-related updates. While we prioritize data security, you are responsible for safeguarding access to your email, phone, and devices.

Our Privacy Policy and Notice of Privacy Practices outline how your information is collected, used, and protected. By using the Services, you agree to these policies.

VIII. Pharmacy and Laboratory Services

Pharmacy and laboratory services are provided by independent third parties. Apex One Wellness facilitates these services for your convenience but is not responsible for the quality, accuracy, or reliability of the services provided.

• Laboratory Tests: Certain laboratory tests may be required for treatment. Results may include false positives, false negatives, or inconclusive outcomes, which could affect the Provider’s ability to make accurate clinical decisions.

• Prescription Medications: Medications may be dispensed in non-childproof containers. You are responsible for ensuring proper storage and handling of all prescribed products.

IX. Payments and Refunds

You are responsible for all fees associated with the Services, including consultation, diagnostic, and pharmacy charges. Apex One Wellness does not accept returns or provide refunds for prescription medications or diagnostic kits, except as required by law.

1. Subscription Fees: Some Services require a subscription. These subscriptions automatically renew unless canceled in accordance with the cancellation policy.

2. Cancellations: You may cancel your membership by contacting customer support. Refund eligibility is subject to the specific terms outlined in your membership agreement.

X. Arbitration and Dispute Resolution

All disputes arising from or related to these Terms or the Services will be resolved through binding arbitration, except as otherwise provided herein. By agreeing to these Terms, you waive your right to a trial by jury and to participate in a class action.

You may opt out of arbitration within 30 days of accepting these Terms by submitting a written request to:

Apex One Wellness

1910 Fort Worth Highway, Weatherford, Texas 76086

Email: [email protected]

XI. Termination

Apex One Wellness reserves the right to terminate your access to the Services for violations of these Terms or other applicable policies. Upon termination, your account and associated data may be deleted, subject to regulatory retention requirements.

XII. Contact Information

If you have any questions or concerns about these Terms or the Services, please contact us:

Apex One Wellness

1910 Fort Worth Highway, Weatherford, Texas 76086

Phone: 817-213-6205

Email: [email protected]