Terms and Conditions

Last Updated: July 16, 2026

Welcome, and Please Read This Carefully

Welcome to Way Better MD. We know terms of use are nobody’s favorite reading, but this document matters. It is a binding legal agreement between you and Way Better Wellness, LLC, a Delaware limited liability company doing business as Way Better MD (“Way Better MD,” “we,” “us,” or “our”). It covers your use of www.waybettermd.com and any related sites that link to these Terms of Use (together, the “Site”), along with the information, products, and services available through the Site (the “Services”).

Here is what you will find inside. These Terms of Use:

Explain what Way Better MD does, and just as important, what we do not do;
Point you to the Telemedicine Informed Consent, which walks through the benefits and risks of telemedicine and asks for your consent to receive care this way;
Explain who can use the Site and Services;
Spell out how subscriptions, automatic renewal, billing, and cancellation work, so there are no surprises on your statement;
Include a release of claims against Way Better MD arising out of any diagnosis or treatment provided by the healthcare providers you connect with through our platform; and
Include a Dispute Resolution section with a binding individual arbitration agreement, a class action waiver, and a jury trial waiver.

THESE TERMS OF USE CONTAIN AN ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER. BY AGREEING TO THESE TERMS OF USE, EXCEPT FOR CERTAIN DISPUTES IDENTIFIED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND WAY BETTER MD WILL BE RESOLVED BY MANDATORY, BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE ANY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION. YOU CAN OPT OUT OF ARBITRATION, AND WE EXPLAIN HOW BELOW.

By accessing or using the Site or Services, you agree to these Terms of Use, as updated from time to time. If you do not agree, we understand, but you may not use the Site or Services.

1. What Way Better MD Does, and What We Do Not Do

We are a technology platform

Way Better MD is a technology platform. Our job is to connect you with independent, licensed physicians and other healthcare providers (each, a “Provider”) who evaluate you and, where appropriate, treat certain health and wellness conditions. Through the Site, we provide: (a) general information about certain health conditions and potential treatment options; (b) administrative support that collects and maintains your health records and information so your Provider has what they need; and (c) the technology that connects you with Providers for communication, consultations, assessments, and treatment. Providers may communicate with you through intake forms, chat, video, email, or phone. If a Provider prescribes medication for you, it is filled and shipped directly to you by an appropriately licensed partner pharmacy, or a pharmacy of your choosing.

We are not a medical practice

This distinction matters, so we want to be clear about it. Way Better MD is not a medical practice, pharmacy, or healthcare provider, and we do not employ physicians or other healthcare providers. All medical care available through the platform is provided by independent, provider owned professional entities and their licensed personnel (each such entity, a “Provider Group”). We do not provide medical advice, we do not practice medicine, and we never control, direct, or influence the medical judgment of any Provider. Any advice, treatment, or prescription you receive comes from your Provider, based on the information you share and their independent professional judgment.

We also want to set honest expectations: there is no guarantee that you will be treated by a Provider or receive a prescription. A Provider may decline to treat you, decline to prescribe, or decide you would be better served by an in person or local provider, in their sole professional judgment, including for potential misuse of the Services or for any other reason. And nothing we offer replaces your relationship with your primary care physician. We hope you keep one.

We are not a pharmacy

Prescription medications are dispensed and shipped by independent, appropriately licensed pharmacies (each, a “Pharmacy”). We may use a preferred Pharmacy by default, but the choice is always yours: you have the right to send your prescription to any pharmacy you like. Just email support@waybettermd.com before completing your order if you would like to use your own.

We are not insurance

The Services are not health insurance and are not a substitute for health insurance. Way Better MD is cash pay only. By ordering through the Site, you agree that you will not submit a claim for the Services to Medicare, Medicaid, any other federal or state healthcare program, or any private insurer.

2. Telemedicine, and Your Consent

Telemedicine simply means your Provider evaluates and treats you using technology instead of an exam room. That may include sharing your medical records, photographs, and other personal health information, and interacting through intake forms, secure messaging, live video and audio, and phone. Like any form of care, telemedicine has benefits and risks, and treatment through telemedicine requires your informed consent. Before receiving Services, you will be asked to review and agree to the Telemedicine Informed Consent presented during your intake, which describes those benefits and risks and is incorporated into these Terms of Use by reference.

3. Emergencies: Please Do Not Use Us for Them

THE SERVICES ARE NOT FOR MEDICAL EMERGENCIES. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM RIGHT AWAY. NEVER DELAY SEEKING, DISREGARD, OR DISCONTINUE PROFESSIONAL MEDICAL ADVICE BECAUSE OF ANY INFORMATION PROVIDED, OR OMITTED, ON THE SITE OR BY A PROVIDER YOU COMMUNICATE WITH THROUGH OUR PLATFORM.

4. Who Can Use Way Better MD

You must be an adult

You must be at least eighteen (18) years old to register for an account, use the Site or Services, communicate with a Provider through the platform, or receive treatment or a prescription. By using the Site or Services, you represent and warrant that you are at least eighteen (18). The Site and Services are not intended for, and may not be used by or on behalf of, anyone under eighteen (18).

You must live in a state we serve

The Services are available to residents of all 50 states. However, telemedicine, pharmacy, and prescribing laws differ from state to state, and we take them seriously, so certain medications and treatments may not be available in every state. Whether a particular treatment is available to you is determined during intake and your Provider’s review, and availability may change at any time.

The account is for you, and only you

You may not use the Site or Services on behalf of another person or try to obtain Services for anyone other than yourself. You must not impersonate anyone or use a false name, address, or other information.

Your information must be accurate

Your Provider makes decisions about your care based on what you tell them, so this one protects you. You represent and warrant that everything you provide when registering, completing a medical intake, and communicating with Providers is true, accurate, current, and complete, and you agree to keep it that way for as long as you use the Services. Inaccurate or incomplete health information can lead to serious harm. If you spot an error or omission in your information, please tell us right away.

Way Better MD, any Provider Group, any Provider, and any Pharmacy each reserve the right to deny, suspend, terminate, or restrict your access to the Site or Services if it turns out you do not meet these eligibility requirements.

5. Your Account

Please keep your login credentials to yourself. You are responsible for all activity under your account, including activity by anyone else who accesses the Site or Services through it; anything they do that would violate these Terms of Use if you did it is treated as a violation by you. If you believe someone has used your account without permission, email support@waybettermd.com immediately and we will help.

6. Subscriptions, Billing, and Payment

You are responsible for paying for the Services and products you order. The payments you make to us may include fees for services charged by Provider Groups and Pharmacies, which we collect on their behalf. Unless we say otherwise, all fees are in U.S. Dollars.

How automatic renewal works

IF YOU PURCHASE A SUBSCRIPTION OR TREATMENT PROTOCOL BILLED ON A RECURRING BASIS, YOUR PAYMENT METHOD WILL BE CHARGED AUTOMATICALLY AT THE INTERVAL DISCLOSED AT CHECKOUT (FOR EXAMPLE, MONTHLY OR PER PROTOCOL PERIOD) UNTIL YOU CANCEL.

Here is exactly what to expect. Your subscription renews automatically beginning on the next billing date identified in your order or shipping confirmation, and at the disclosed interval after that (each, an “automatic renewal date”), as you authorized at checkout when you consented to recurring billing. On each automatic renewal date, your payment method is charged the then current rate for the plan you selected. When you first purchase, we send you an email confirming the terms of your recurring plan, including the renewal interval, the amount, and how to modify, pause, or cancel. Each time you are billed, we send a receipt showing your next billing date, and we will always notify you in advance of any change to your rate or any material change to your plan.

How to cancel

You can modify, pause, or cancel your subscription at any time through your patient portal or by emailing support@waybettermd.com. One thing to know: to avoid being charged for the next period, you must cancel at least three (3) business days before your next billing date. Your billing date is always displayed in your account and on each receipt, so it is easy to find.

Refunds

We want to be upfront about this one. Except as expressly set forth in our Return and Refund Policy, available at https://waybettermd.com/return-refund-policy/ and incorporated into these Terms of Use by reference, all fees and charges are nonrefundable, in whole and in part. The reason is the nature of what we offer: state and federal regulations do not allow prescription medications to be returned once dispensed by the pharmacy, so once your payment method has been charged and your package has been handed to the carrier, the sale is final. Our Return and Refund Policy covers the exceptions, including unopened nonprescription products, damaged medications, and packages lost in transit. You remain responsible for all charges to your account, including any unauthorized charges.

Payment processing

Payments run through a trusted third party payment processor. You authorize us to charge your payment method for all fees as they come due, and you promise that you are authorized to use the payment information you provide. If your payment fails or your account is past due, we may collect what is owed through other means, including charging other payment methods on file or working with collection agencies or legal counsel, and, subject to any notice required by law, we may pause your account until things are resolved.

7. Site Content Is Not Medical Advice

The content on the Site, including guides, articles, and product information, is there to help you understand your health. It is informational only. It is not medical advice, it is not a diagnosis, and reading it does not create a provider patient relationship. We do not recommend or endorse any specific drug, product, treatment, Provider, or Pharmacy mentioned on the Site, and reliance on Site content is at your own risk. Medical advice comes from your Provider, and from your own doctor.

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR ANOTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU HAVE ABOUT A MEDICAL CONDITION, AND BEFORE STARTING ANY NEW TREATMENT OR CHANGING AN EXISTING ONE.

8. Your Privacy

The confidentiality and privacy of your personal and health information matter deeply to us and to your Providers. Your use of the Site and Services is subject to our Privacy Policy and California Privacy Notice, available at https://waybettermd.com/privacy-policy/, both of which are part of these Terms of Use. By accepting these Terms of Use, you agree to the collection, use, and disclosure of information as described there. We encourage you to read them; we worked to make them readable.

9. Texts, Emails, and Other Electronic Communications

When you use the Site or send us a text or email, you are communicating with us electronically, and you consent to receive communications from us the same way: by SMS or text message, email, and notices posted on the Site. You agree that electronic communications satisfy any legal requirement that a communication be in writing.

Way Better MD sends personalized SMS notifications about your medications, prescription updates, refill reminders, order and shipping confirmations, messages related to your care, and other transactional updates. By giving us your mobile number or texting us first, you confirm you own or are authorized to use that device and consent to receive these messages, including messages sent using automated technology. Consenting to texts is never a condition of purchase, and your SMS consent is not shared with third parties for their marketing. You can stop at any time by texting STOP to the number or shortcode that messaged you; we will send one final message confirming you are unsubscribed. Reply HELP for assistance, email support@waybettermd.com, or call 888.502.0707. Message frequency varies, message and data rates may apply, and carriers are not liable for delayed or undelivered messages.

One honest caution: text messages and email are not encrypted, and there is some risk they could be read by an unauthorized third party. If you choose to send or receive health or other sensitive information by text or email, you do so at your own risk.

10. Using the Site Responsibly

We grant you a limited, nonexclusive, nontransferable, freely revocable right to access the Site and use the Services for your personal, noncommercial use. We keep all rights not expressly granted to you, and we reserve the right, in our sole discretion, to deny use of the Site to anyone, for any reason, at any time, subject to applicable law. In return, you agree to follow the law and to play fair. Specifically, you agree that you will not, and will not attempt to:

Infringe anyone’s patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights;
Reproduce, copy, sell, resell, or exploit any portion of the Site, or reverse engineer, disassemble, decompile, or translate any part of it, or try to derive its source code;
Modify, copy, or create derivative works from any part of the Site or its underlying software, technology, or information;
Use any robot, spider, scraper, or other automated means to access the Site or harvest information or content from it, including through data mining or similar methods;
Disrupt or interfere with the operation or security of the Site, its servers or networks, or anyone else’s use of it; probe, scan, or test its vulnerabilities; or attempt to breach or bypass any security or authentication measures;
Upload or transmit viruses, worms, time bombs, corrupted files, Trojan horses, or any other code designed to disrupt, damage, overburden, or limit any software, hardware, network, server, or communications system;
Send unsolicited or unauthorized advertising, junk or bulk email, chain letters, pyramid schemes, or other unsolicited communications;
Frame or mirror any part of the Site, place pop up windows over its pages, or otherwise interfere with how its pages display;
Use the Site to access or reveal information other than your own information or information we make available to you; or
Use the Site or Services to break any local, state, national, or international law, or in any manner that is harmful, threatening, harassing, abusive, defamatory, obscene, invasive of another’s privacy, hateful, or otherwise objectionable, or that goes beyond the limited access rights we grant here.

We may terminate your access at any time, in our sole discretion, without prior notice, for violating any of these rules.

11. Our Intellectual Property

Everything that makes up the Site, including text, graphics, logos, designs, data, button icons, images, audio and video clips, digital downloads, data compilations, technical data, documentation, know how, and software, plus the way it is all put together, belongs to Way Better MD or its content suppliers and is protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws. Our custom graphics, icons, logos, design marks, and service names are trademarks or service marks of Way Better MD or its owners; all other marks belong to their respective owners. Nothing in these Terms of Use gives you the right to use any Way Better MD trademark, service mark, or logo. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content from the Site, and the Site may be used only for its intended purpose.

12. Copyright Complaints (DMCA)

We respect intellectual property rights, and we have a policy of removing content, or suspending users, found to infringe the rights of Way Better MD or any third party. If you believe material on the Site infringes a copyright, notify our designated agent at support@waybettermd.com using the notice procedure under the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c). We respond promptly to remove or disable access to material claimed to be infringing and follow the DMCA’s procedures to resolve the claim.

13. Third Parties and Links

Parts of the Services are provided by third parties, including Provider Groups, Providers, and Pharmacies, and we do not guarantee the quality of any third party’s services or products. The Site may also contain links to third party websites and services. Those links are there for your convenience only; we do not control, review, or endorse third party sites or their content, and we are not responsible or liable for any information, content, products, or services available through them, or for any damage or loss connected with using them. When you leave our Site, take a moment to review the terms and privacy policy of wherever you land.

14. Marketing

Whether or not you have opted out of certain marketing offers from us, by using the Site you agree that we may market our services and the services of other companies on the Site through banner advertisements, hyperlinks, and similar methods. What we feature is at our sole discretion and may come from us or from companies not affiliated with us. Nonaffiliated companies are solely responsible for delivering, or failing to deliver, their stated services, benefits, or products, and we do not endorse or guarantee them.

15. Accuracy of Information

We work hard to keep the Site accurate, but occasionally information may be inaccurate, incomplete, or out of date, and that includes pricing. If a price shown on the Site is not as described, your sole remedy is to accept the correct price or skip the transaction. We make no representation about the completeness, accuracy, or currency of information on the Site, we have no obligation to update it, and reliance on it is at your own risk.

16. Ending Things

You can close your account at any time, for any reason, by emailing support@waybettermd.com. We may also suspend or terminate your account and access at any time, for any reason or no reason, and we may modify, suspend, or discontinue the Site or any part of it, with or without notice, without liability to you. When your account ends, your rights to use the Site and Services end with it. Sections of these Terms of Use that by their nature should survive do survive, including intellectual property, the release, disclaimers, limitations of liability, indemnification, and dispute resolution.

17. Disclaimer of Warranties

This next section is written in capital letters because the law requires disclaimers to be conspicuous. The short version: we provide the Site as is, and we cannot promise it will always be perfect.

USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES, INCLUDING SERVICES PROVIDED BY THIRD PARTIES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION. WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY MATERIALS AVAILABLE THROUGH IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES, AND NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY SERVICES OR THE CONDUCT OF ANY THIRD PARTY, AND WE DO NOT WARRANT THAT PRODUCT PACKAGING SHOWN ON THE SITE WILL MATCH THE PRODUCT YOU RECEIVE. WE ARE NOT RESPONSIBLE FOR THE INTERNET SERVICE, DATA BANDWIDTH, OR DEVICE YOU USE TO ACCESS THE SITE, AND WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.

18. Release of Claims Relating to Medical Care

Because we are a technology platform and your medical care comes from independent Providers, claims about medical care belong with the people who provide it, not with us. That is what this section says.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE AND FOREVER DISCHARGE WAY BETTER MD AND ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS FROM ANY AND ALL CLAIMS, LIABILITIES, LOSSES, COSTS, AND DAMAGES, INCLUDING CLAIMS FOR PERSONAL OR BODILY INJURY, DISABILITY, DEATH, OR EMOTIONAL OR PHYSICAL DISTRESS, ARISING OUT OF OR RELATING TO ANY DIAGNOSIS, ADVICE, TREATMENT, PRESCRIPTION, OR OTHER CARE PROVIDED, OR NOT PROVIDED, BY ANY PROVIDER OR PROVIDER GROUP WITH WHOM YOU COMMUNICATE THROUGH THE SITE OR SERVICES, OR BY ANY PHARMACY THAT DISPENSES MEDICATION TO YOU. THIS RELEASE DOES NOT APPLY TO CLAIMS THAT CANNOT BE RELEASED UNDER APPLICABLE LAW.

19. Limits on Our Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WAY BETTER MD OR ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES ARISING FROM OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, OR OTHERWISE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF WAY BETTER MD AND ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS TO YOU EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE FEES YOU PAID TO WAY BETTER MD IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICES IS TO STOP USING THEM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THE LIMITATIONS IN THIS SECTION INURE TO THE BENEFIT OF WAY BETTER MD AND ITS RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, ATTORNEYS, AND AGENTS.

20. Indemnification

If your actions cause someone to bring a claim against us or against the Providers and Pharmacies you work with through the platform, you agree to stand behind those actions. Formally:

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS WAY BETTER MD, ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, AND ANY PROVIDER, PROVIDER GROUP, OR PHARMACY WITH WHOM YOU COMMUNICATE OR TRANSACT THROUGH THE SITE OR SERVICES, FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, AND FEES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO (A) YOUR VIOLATION OF APPLICABLE LAW, (B) YOUR MISUSE OF THE SITE OR SERVICES, (C) YOUR BREACH OF THESE TERMS OF USE, OR (D) INACCURATE, INCOMPLETE, OR MISLEADING INFORMATION YOU PROVIDE, INCLUDING HEALTH INFORMATION. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, SUBJECT TO YOUR CONTINUING INDEMNIFICATION.

21. If We Have a Disagreement: Dispute Resolution and Arbitration

We hope it never comes to this. But if you and Way Better MD ever have a dispute, this section explains how it gets resolved. Please read it carefully, because it affects your rights, including your right to file a lawsuit in court.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.

21.1 What counts as a Dispute

This agreement to arbitrate applies to any “Dispute” between you and Way Better MD, meaning any dispute, claim, or controversy (excluding the exceptions below) between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either of us seeks legal recourse, including the validity, enforceability, or scope of this agreement to arbitrate. The exceptions are: (i) claims that qualify as individual actions in small claims court; (ii) enforcement actions through a government agency where the law allows; (iii) actions to compel, confirm, or uphold a prior arbitration decision; (iv) either party’s right to seek temporary injunctive relief in court to preserve the status quo while an arbitration proceeds; (v) claims of intellectual property infringement; (vi) claims that are the subject of a proposed class or collective action settlement in any court; (vii) the enforceability of the requirement that arbitration be conducted individually rather than as a class; and (viii) roles expressly reserved for courts in this Section 21.

21.2 First, let’s just talk

Before either of us files an arbitration, we agree to try to work it out informally first, because it is faster and cheaper for everyone. You and Way Better MD will make a good faith effort to negotiate a resolution for at least thirty (30) days from the day the other party receives a written notice of the dispute (a “Notice of Dispute”). Send yours to support@waybettermd.com and to: Way Better Wellness, LLC, ATTN: Notice of Dispute, 213 N Market St, Suite 1047, Wilmington, DE 19801. We will send any Notice of Dispute to the email and mailing address associated with your account. A Notice of Dispute must include the sender’s name, address, and contact information, a description of the dispute (including any relevant account information), and what resolution is being sought. This requirement exists so that whoever receives the notice can make a fair, fact based settlement offer if they choose to. Neither of us can proceed to arbitration without providing a compliant Notice of Dispute; a court decides whether a notice was sufficient, may block an arbitration filed without one, and may order the filing party to reimburse the other party’s arbitration fees and costs already incurred.

21.3 Small claims court stays open

Even with the arbitration agreement, either of us may bring a qualifying dispute as an individual action in small claims court, either in the county where you live or in New Castle County, Delaware. We hope you will try informal resolution first, and you must before starting an arbitration, but you do not have to finish the informal process before going to small claims court.

21.4 Binding individual arbitration

Arbitration means a neutral arbitrator, instead of a judge or jury, resolves the dispute. Individual means the arbitrator can award you or us the same remedies a court could, but only to satisfy our own individual claims, not anyone else’s. Binding means we both live with the arbitrator’s decision, except for the limited appeals the Federal Arbitration Act allows.

ARBITRATION UNDER THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. UNDER NO CIRCUMSTANCES DO YOU OR WAY BETTER MD CONSENT TO CLASS ACTION PROCEDURES IN ARBITRATION, EVEN IF THE ARBITRATION PROVIDER HAS RULES PERMITTING CLASS ARBITRATION.

You and Way Better MD agree that Disputes will be settled by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”), before a single arbitrator selected under those rules, as modified by these Terms of Use. These Terms of Use affect interstate commerce, and this Section 21 is governed by the Federal Arbitration Act, 9 U.S.C. Section 1 et seq., to the extent permitted by law. The arbitrator has exclusive authority to make all procedural and substantive decisions about a Dispute, including whether it is arbitrable, and may award any individual remedy a court could, including temporary, interim, or permanent injunctive relief or specific performance, but only to the extent needed to resolve the individual claim at hand. To the fullest extent allowed by law, the arbitrator may not award relief for the benefit of anyone other than you or us. Unless we agree otherwise, any decision or award will include a written statement of the decision on each claim and its basis, including the arbitrator’s essential factual and legal findings and conclusions, and may be confirmed and enforced as a final judgment in any court of competent jurisdiction. An award, and any judgment confirming it, applies only to that specific case and cannot be used as precedent in any other case, except to enforce the award itself.

21.5 How the arbitration works

Either of us may start an arbitration for a Dispute that informal resolution did not resolve by filing a Demand for Arbitration with the AAA under the AAA Rules (instructions are at www.adr.org) and sending a copy to the other party at the addresses above. The arbitration will be conducted in English. For claims under $10,000, the arbitrator decides based on written submissions alone, unless the arbitrator decides a hearing is needed. For larger claims, or where the arbitrator finds a hearing necessary, hearings happen by video or phone, unless the arbitrator determines an in person hearing is needed. If an in person hearing is required and you live in the United States, it will take place in New Castle County, Delaware, unless the arbitrator decides that would be a hardship for you, in which case it can happen in your own state and county.

21.6 Who pays for arbitration

If you start an arbitration against us, you pay the consumer filing fee under the AAA Rules. In some situations, we will help with your fees to move us toward a resolution quickly and fairly: if your claim is for $5,000 or less, including attorneys’ fees and all other relief you seek, we will pay all the arbitration costs, including the fees you would otherwise have paid. Even for larger claims, if you show that arbitration costs would be prohibitive compared to litigation costs, we will pay as much of your arbitration costs as the arbitrator finds necessary to keep arbitration from being cost prohibitive. One limit: we will not pay a claimant’s share of fees where the claimant is represented by the same or coordinated counsel as other claimants with similar claims, unless the total combined damages claimed for all those claimants is $5,000 or less. If we start an arbitration against you, we pay all filing fees. Arbitration costs do not include your own attorneys’ fees; if you choose to hire an attorney, you pay your own attorneys’ fees and costs unless applicable law says otherwise.

21.7 Deadline to bring a claim

To the fullest extent permitted by applicable law, you or Way Better MD must start arbitration of a Dispute within one (1) year from when the Dispute first arose, or within any shorter period required by applicable law. Missing that window bars the Dispute, meaning that, to the fullest extent the law allows, neither of us may assert it afterward.

21.8 If many similar claims are filed at once

If twenty five (25) or more Disputes are initiated raising similar claims, and counsel for the claimants is the same or coordinated, those are “Coordinated Cases.” For Coordinated Cases, we pay only our share of arbitration fees as set by the AAA Rules and the AAA fee schedule for mass arbitrations, and claimants are responsible for theirs. Statutes of limitations are paused (tolled) for every claimant who has provided a compliant Notice of Dispute, but arbitration demands in Coordinated Cases may be filed only as the following bellwether process permits, and we are not required to pay fees for cases this agreement does not allow to be filed.

Here is how the bellwether process works. Once all Notices of Dispute are in, counsel for the claimants and our counsel confer in good faith on how many cases should proceed first as bellwethers, so each side can test the merits of its arguments. The number must be even, so each side designates half. If the two sides cannot agree on a number, the AAA sets it as an administrative matter or, at its discretion, through a process arbitrator, considering things like the complexity of the dispute and the differences in facts or law across the claims. Each side then selects its half of the bellwether cases from among claimants who provided compliant Notices of Dispute, and only those selected claims may be filed. One arbitrator presides over each bellwether case, and each arbitrator hears only one Coordinated Case unless the parties agree otherwise. If your claim is among Coordinated Cases, resolution of your individual claim may be delayed by this process; disputes that are not coordinated are not delayed by it.

After the bellwether cases conclude (or sooner, if both sides agree), everyone must make a good faith effort to resolve the remaining cases through a single global mediation, with each side paying half the mediation fee. If counsel cannot agree on a mediator within thirty (30) days after the last bellwether concludes, the AAA appoints one. If mediation does not produce a global resolution, the remaining Coordinated Case claimants are no longer required or entitled to arbitrate; instead, those claims may be filed only in the state courts located in New Castle County, Delaware or, if federal jurisdiction exists, in the United States District Court for the District of Delaware, and you consent to exclusive venue there. Nothing here prevents either of us from removing a case from state to federal court where the law allows. If you are asserting the same claims as others and share common or coordinated counsel, you waive any objection that joining all those people is impracticable. If a formerly arbitrable Dispute is brought in court under this paragraph, claimants may seek class treatment, but, to the fullest extent the law allows, any class may include only the Coordinated Case claimants who provided compliant Notices of Dispute, and we reserve the right to contest class certification at any stage and on any basis. A court has authority to enforce this bellwether process and may block filings that do not comply with it.

21.9 You can opt out of arbitration

You have the right to opt out of the arbitration provisions in this Section 21 (though not the class action waiver in Section 22, which is not subject to opt out). To do so, send written notice to support@waybettermd.com and to: Way Better Wellness, LLC, ATTN: Arbitration Opt Out, 213 N Market St, Suite 1047, Wilmington, DE 19801. Include your name, mailing address, and the email address on your account, and state that you do not wish to be bound by the arbitration provisions in these Terms of Use. TO BE EFFECTIVE, YOUR NOTICE MUST BE POSTMARKED OR SENT WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST ACCEPT THESE TERMS OF USE, UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE YOU WILL BE BOUND TO ARBITRATE DISPUTES UNDER THIS SECTION. You are responsible for making sure we receive your notice, so consider a delivery method with a receipt. If you opt out, we will likewise not be bound by these arbitration provisions in disputes with you. Opting out never affects your ability to use the Services.

21.10 Severability, survival, and future changes

If any part of this Section 21 is found invalid, unenforceable, or illegal, that part is severed and the rest stays in effect, with one exception: if the prohibition on class arbitration is found invalid, unenforceable, or illegal, this entire agreement to arbitrate (but not the separate class action waiver in Section 22) is void, and any Dispute will be resolved in court under the venue and governing law provisions of these Terms of Use. This Section 21 survives the closure of your account and the end of any other agreement between you and Way Better MD. And while we may revise these dispute resolution terms from time to time, we cannot change this agreement to arbitrate, or the arbitration rules specified here, for any Dispute that has already arisen if the change would make arbitration materially less favorable to the claimant; whether a change is materially less favorable is decided by the arbitration provider as a process matter.

22. Class Action and Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) YOU AND WAY BETTER MD EACH WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE, CLAIM, OR CONTROVERSY NOT SUBJECT TO ARBITRATION; AND (B) ALL DISPUTES, CLAIMS, AND CONTROVERSIES, WHETHER OR NOT SUBJECT TO THE REQUIREMENT TO ARBITRATE (INCLUDING CLAIMS FILED IN SMALL CLAIMS COURT AND CLAIMS DEEMED NOT SUBJECT TO ARBITRATION), MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND MAY NOT BE AGGREGATED IN A CLASS ACTION, EXCEPT AS EXPRESSLY PROVIDED IN THE COORDINATED FILINGS PROVISION ABOVE. YOU AND WAY BETTER MD WILL NOT SEEK TO BRING, JOIN, OR PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION, COLLECTIVE OR CLASS WIDE ARBITRATION, OR ANY OTHER ACTION WHERE ANOTHER INDIVIDUAL OR ENTITY ACTS IN A REPRESENTATIVE CAPACITY, AND WILL NOT CONSOLIDATE OR COMBINE INDIVIDUAL PROCEEDINGS, OR PERMIT ANOTHER TO DO SO, WITHOUT THE EXPRESS CONSENT OF ALL PARTIES TO THESE TERMS OF USE.

23. Governing Law and Where Disputes Are Heard

These Terms of Use, and any Dispute between you and Way Better MD, are governed by the laws of the State of Delaware, without regard to its conflict of law rules, except that the Federal Arbitration Act governs the arbitration agreement in Section 21, and copyrights, trademarks, and patents are governed by U.S. federal law. Subject to the Dispute Resolution section, any claim not subject to arbitration must be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you consent to personal jurisdiction and venue in those courts.

24. Important State Notices

Some states require us to share specific information with you. Here it is.

Florida

Florida Bill of Rights for Weight Loss Consumers: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0501/Sections/0501.0575.html

California

NOTICE TO CONSUMERS: Medical doctors are licensed and regulated by the Medical Board of California, (800) 633 2322, www.mbc.ca.gov. Complaints may be filed online at https://www.mbc.ca.gov/Breeze/Complaints.aspx or submitted in hard copy. A Consumer Complaint Form and instructions may be found at https://www.mbc.ca.gov/Consumers/Complaints/Submit_By_Mail.aspx. A hard copy Consumer Complaint Form should be submitted to: Medical Board of California, Central Complaint Unit, 2005 Evergreen Street, Suite 1200, Sacramento, CA 95815. The Central Complaint Unit can be contacted by phone at (800) 633 2322 or (916) 263 2382.

Texas

Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants, may be reported for investigation to: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC 263, Austin, TX 78768. Assistance in filing a complaint is available by calling (800) 201 9353. For more information, visit www.tmb.state.tx.us.

Las quejas sobre medicos, asi como sobre otros profesionales acreditados e inscritos del Consejo Medico de Tejas, incluyendo asistentes de medicos, practicantes de acupuntura y asistentes de cirugia, se pueden presentar en la siguiente direccion para ser investigadas: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC 263, Austin, Texas 78768. Si necesita ayuda para presentar una queja, llame al (800) 201 9353. Para obtener mas informacion, visite www.tmb.state.tx.us.

Kansas

It is unlawful for any person who is not licensed under the Kansas Healing Arts Act to open or maintain an office for the practice of the healing arts in this State. This office is maintained under the authority of a person who is licensed to practice the healing arts of Kansas. Questions and concerns regarding this professional practice may be directed to: Kansas State Board of Healing Arts, 800 SW Jackson, Lower Level, Suite A, Topeka, Kansas 66612. Phone: (785) 296 7413. Toll Free: (888) 886 7205. Website: www.ksbha.org.

25. The Fine Print That Ties It Together

United States only

Although the Site may be accessible from anywhere, the Site and Services are intended only for residents of the United States and its territories and may not comply with the legal requirements of other countries. If you live outside the U.S. and its territories, you are not permitted to register for or use the Services.

No assignment

You may not assign your rights under these Terms of Use or your relationship with Way Better MD; any attempt to do so is null and void. We may assign these Terms of Use in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.

When these terms change

We may revise these Terms of Use at any time by posting the updated version on the Site, and we will notify you of material changes by email, through your account, or by other reasonable means. Check the Last Updated date at the top of this page to see whether anything has changed since your last visit. Continuing to use the Site or Services after changes take effect means you accept them. If you object to a change, your recourse is to stop using the Site and Services and close your account. Changes to the dispute resolution provisions are limited as described in Section 21.10.

Severability, entire agreement, and no waiver

If an arbitrator or court determines that any part of these Terms of Use is invalid or unenforceable, that part is severed and the rest remains in full force. These Terms of Use, together with the Privacy Policy, the California Privacy Notice, the Telemedicine Informed Consent, and any other documents expressly incorporated by reference, are the entire agreement between you and Way Better MD about your use of the Site and Services, and they supersede all prior agreements, representations, and warranties, written and oral. If we do not enforce a provision at some point, that is not a waiver of our right to enforce it later.

Operation of the Site

We reserve the right, at any time, in our sole discretion, with or without notice, and without liability to you, to: (a) modify, suspend, or terminate operation of or your access to the Site or any part of it, including for violations of these Terms of Use; (b) modify or change the Site or any part of it; and (c) interrupt operation of the Site as needed for maintenance, error correction, or other changes.

Questions or concerns

If you spot a violation of these Terms of Use, or if anything here is unclear, we genuinely want to hear from you. Reach us anytime at support@waybettermd.com.

Way Better Wellness, LLC d/b/a Way Better MD, 213 N Market St, Suite 1047, Wilmington, DE 19801