BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS OF SERVICE ON YOUR BEHALF.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND THE MEDICAL GROUPS OR PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.
BNG Health Services (“BNG,” “we,” or “us”) provides dermatology-focused skin care products and services under the trademarks “BruhRX” and “GurlRX,” and owns and operates the website located at www.thegoalisclear.com, including the subdomain quiz.thegoalisclear.com, and may have previously, now or in the future own and/or operate a mobile application (collectively, the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by BNG, and any affiliated website, software or application owned or operated by BNG (collectively, including the Platform and the Content, the “Service”) are governed by these Terms of Service (“Terms of Service” or “Agreement”).
Please read this Agreement carefully because it sets forth the important terms you will need to know about the Service. In this Agreement, the terms “you” and “yours” refer to the person using the Service, or in the case of a use of the Service by or on behalf of a minor, “you” and “yours” refer to and include (i) the parent or legal guardian who provides consent to the use of the Service by such minor or uses the Service on behalf of the minor, and (ii) the minor for whom consent is being provided or on whose behalf the Service is being utilized. Please see the “Limited Use and Availability” Section of this Agreement for more information regarding use of the Service by minors and applicable limitations on such use. Notwithstanding the foregoing, the Service is not intended for individuals under the age of thirteen (13) and individuals under the age of thirteen (13) are prohibited from using all or any part of the Service or entering into this Agreement, even if a parent or legal guardian would be willing to provide consent to use of the Service or this Agreement. Please contact us at hello@bngrx.com if you are a parent or legal guardian of an individual under the age of eighteen (18) who you believe has used the Service without your consent.
Your access to and use of the Service is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Service or any information or Content provided through the Service, except as necessary to review this Agreement. The Service is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Service in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Service. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.
We make available to individuals who register as users of the Service (“Users”) certain products and services sold or offered by BNG or by third-party medical providers, pharmacies, or other vendors via our Service. Our Service provides access to prescription fulfillment services offered by one or more independent, third-party pharmacies (the “Pharmacies”). We may also provide you with access to one or more BNG-affiliated professional entities and physician networks (collectively, the “Medical Groups”), including MD Integrations, Inc. (“MDI”), which employs or contracts with dermatologists and other licensed healthcare professionals (“Providers”) who deliver certain healthcare services through the Platform. By accepting this Agreement, you acknowledge and agree that any services you receive from the Pharmacies, Medical Groups or Providers through the Platform are also subject to this Agreement, and that the Pharmacies, Medical Groups and Providers are third-party beneficiaries of this Agreement.
We do not control or interfere with the practice of medicine by the Medical Groups or any Providers, each of whom is solely responsible for directing the medical care and treatment they provide to you. By accepting this Agreement, you acknowledge and agree that BNG is not a healthcare provider and that by using the Service, you are not entering into a dermatologist-patient or other health care provider-patient relationship with BNG. By using the Service, you may, however, be entering into a dermatologist-patient or other health care provider-patient relationship with the Medical Group and/or one or more Providers. Further, we do not control or interfere with any professional service provided by the Pharmacies, each of which is solely responsible for their provision of professional services rendered via the Service.
By accepting this Agreement, you acknowledge and agree that the Medical Group and/or Providers may send you messages, reports, and emails via the Service regarding your diagnosis and/or treatment. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither BNG nor the Medical Group nor any Provider will be responsible in any way and you will not hold BNG, Medical Group or any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Medical Group or your Provider(s).
While you are not establishing a dermatologist-patient or other health care provider-patient relationship with BNG, by using the Service, you are establishing a direct customer relationship with BNG to use the Service, including the purchase of any non-prescription products or non-medical services sold directly to you by BNG via the Service. In connection with such relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy.
BNG and the Medical Groups are not enrolled with or a participating provider with any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any healthcare services or supplies and, as such, neither you nor BNG or the Medical Groups may receive payment from such programs for the services or products provided to you by BNG or the Medical Groups. By choosing to use the Service, you are specifically choosing to obtain products and services on a cash basis outside of any federal or state healthcare program. Thus, you are solely responsible for the costs of any service or product provided to you.
By agreeing to use the Service, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services on a cash basis outside of any federal or state healthcare program and you have sole financial responsibility for all services or products provided to you by or through the Service, and (2) neither you nor BNG, the Pharmacies, the Medical Groups or the Providers will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Service.
The Service involves two separate payments:
Consultation Fee. Before a Provider will review your intake and consult with you, you are required to pay a consultation fee. Consultation fees are non-refundable. The consultation fee covers the cost of a board-certified dermatologist reviewing your intake information, photographs, and medical history, and communicating with you regarding your treatment options.
Prescription Payment. If, after completing your consultation, a Provider determines that a prescription product is appropriate for you, you will be invoiced separately for the cost of the prescribed medication. Payment for the prescription must be received before the prescription will be released to the Pharmacy for fulfillment. Prescription payments are made to BNG and cover the cost of the medication and fulfillment services.
All payments are processed through Stripe, a third-party payment processor. By submitting payment information, you authorize BNG and Stripe to charge the amounts due. Additional information about Stripe and its privacy practices is available at https://stripe.com/privacy.
Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers, the Provider has determined the prescription product is appropriate for you and the Provider has written a prescription.
If a Provider determines a prescription product is appropriate for you and writes a prescription, the prescription will be routed to one of the Pharmacies for fulfillment and shipped to the address you provided during your intake. Prescriptions fulfilled by the Pharmacies may not use child-resistant packaging and prescription products may not be dispensed in child-resistant containers.
Some prescriptions may not be available through the Pharmacies or must be filled by a local pharmacy of your choice. If you fill a prescription with a pharmacy other than the Pharmacies, the Service will send the prescription to your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product.
All refund requests must be submitted in writing to hello@bngrx.com. Refunds cannot be processed without written notice to our support team.
Consultation Fees: Consultation fees are non-refundable.
Prescription Medications: Due to federal regulations, partner pharmacies are unable to accept returns or issue refunds for prescription medications, even if unused. However, in limited situations—such as prescription delays or administrative errors—we may consider partial or full refunds on a case-by-case basis.
For complete details, please see our Returns & Refunds Policy.
Isotretinoin (Accutane) and other products containing isotretinoin must not be used by female patients who are or may become pregnant. There is an extremely high risk that severe birth defects will result if pregnancy occurs while taking isotretinoin in any amount, even for a short period of time. Potentially any fetus exposed during pregnancy can be affected. There are no accurate means of determining whether an exposed fetus has been affected.
Because of this toxicity, isotretinoin can only be marketed under a special restricted distribution program. This program is called iPLEDGE\u00AE (www.ipledgeprogram.com). Under this program, prescribers must be registered and activated with the iPLEDGE Program and can prescribe isotretinoin only to registered patients who meet all the requirements of iPLEDGE. Isotretinoin can be dispensed only by a pharmacy registered and activated with iPLEDGE. Registered and activated pharmacies can only receive isotretinoin from wholesalers registered with iPLEDGE.
Before being prescribed isotretinoin or any other product containing isotretinoin, and before the Pharmacies can fulfill any such prescription, the Pharmacies will register the patient online with the iPLEDGE Program and issue an iPLEDGE identification card with a username. After the prescriber registers the patient, the patient’s password will be mailed. The patient should receive the password within five to ten days.
Our Service is currently only available to individuals who are located in states in which we offer the Service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement; provided, however, that individuals who are between the ages of 13 and 18 may use the Service for the sole purpose of obtaining a medical consultation for the treatment of acne using topical skincare products (to the extent available through the Service) if a parent or legal guardian provides consent to such use in accordance with the requirements set forth in this Agreement and the Service. By visiting, accessing, registering with or using the Service, you are (a) representing and warranting to us that you are either (1) at least eighteen (18) years of age or older or at least the age of majority in your jurisdiction of residence, if higher than eighteen, or (2) at least thirteen (13) years of age, have obtained consent from your parent or legal guardian to use the Service, and will use the Service for the sole purpose of obtaining a medical consultation for the treatment of acne, (b) if you are a parent or legal guardian providing consent for a minor who is under the age of eighteen (18), representing and warranting to us that you are the parent or legal guardian for such minor and have all legal power and authority to provide consent for the use of the Service by such minor, (c) representing and warranting to us that when you use the Service to consult with a Provider, you are located in the same state as the shipping address you provide in your account at the time that you conduct such consultation, (d) agreeing to comply with all applicable laws, and (e) agreeing that you will only use the Service for lawful purposes.
In some cases, the Service may not be the most appropriate way for you to seek medical care and treatment. For example, certain medical conditions may require an in-person procedure or a healthcare provider other than your Provider, or your Provider may determine that your diagnosis and/or treatment requires an in-person office visit or is otherwise not appropriately addressed through use of the Service. In such a case, you may receive notification that you will be unable to use the Service for the particular issue you submitted with additional information regarding next steps.
Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The telehealth services are not a substitute for in-person health care in all cases. In order to use the Service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you via the Service. You agree that BNG is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.
You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities to enable use of the Service, including but not limited to a computer or mobile device with a camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Service. We reserve the right to change the access configuration of the Service at any time without prior notice.
BNG understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we may collect, use and disclose your personal information.
When you set up an account with BNG, you are creating a direct customer relationship with BNG that enables you to access and/or utilize the various functions of the Service as a user. As part of that relationship, you provide information to BNG, including but not limited to your name, email address, shipping address and phone number, that we may collect, use and disclose in accordance with our Privacy Policy, and that we do not consider to be “health” or “medical” information.
However, in using certain components of the Service, you may also provide certain medical information that may be protected under applicable laws. BNG is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 (collectively, “HIPAA”). One or more of the Pharmacies or Medical Groups may be a “covered entity” or “business associate” under HIPAA, and BNG may in some cases be a “business associate” of a Pharmacy or Medical Group. It is important to remember that HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with BNG. To the extent BNG is deemed a “business associate,” however, and solely in its role as a business associate, BNG may be subject to certain provisions of HIPAA with respect to “protected health information” as defined under HIPAA (“PHI”). Any information that does not constitute PHI under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy.
The Medical Groups and Providers have adopted a Notice of Privacy Practices that describes how they use and disclose PHI. By accessing or using any part of the Service, you are acknowledging receipt of the Notice of Privacy Practices from your Medical Group and Provider(s).
You are obligated to register and set up an account in order to access certain features of the Service. You agree to accurately maintain and update any information about yourself that you have provided to BNG, a Medical Group or its Providers, or the Pharmacies. If you do not keep such information current, or fail to submit truthful, accurate and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Service. You also agree to immediately notify BNG of any unauthorized use of your username, password or any other breach of security by emailing us at hello@bngrx.com. You agree to keep confidential your username and password and to exit from your account at the end of each session. BNG explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.
The Service and the information and Content available through the Service are protected by copyright laws throughout the world. Subject to this Agreement, BNG grants you a limited, non-transferable, revocable license to access and use the Service for your personal use. Unless otherwise specified by BNG in a separate license, your right to use any of the Service or the Content is subject to this Agreement and all rights in the Service and Content are reserved by BNG. You agree that BNG and its suppliers own all rights, title and interest in the Service. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. BNG’s stylized name, BruhRX, GurlRX, TheGoalIsClear, and other related graphics, logos, service marks and trade names used on or in connection with the Service are the trademarks of BNG and may not be used without permission.
You are prohibited from using or attempting to use the Service (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) in any manner that could damage, disable, overburden, or impair any server or network, (iii) in any manner that could interfere with any other party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks, (v) to access systems, data, or information not intended by BNG to be made accessible to a user, (vi) to obtain any materials or information through any means not intentionally made available by BNG, (vii) to reverse engineer, disassemble or decompile any section or technology on the Service, or (viii) for any use other than the purpose for which it was intended.
Parties other than BNG, including the Pharmacies, Medical Groups and Providers provide services or sell products through the Service (collectively, “Third-Parties”). Your use of any Third-Party goods and any interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties. You agree that BNG shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Service, including any Third-Party goods and services or your interactions with any Third-Parties.
All products offered for sale by BNG are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly or to cancel the order and refund any amount charged. Prices for products are subject to change at any time. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees due with respect to your purchase of products or services through our Service.
Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order. All monetary transactions on or through the Service occur through Stripe. Additional information about Stripe should be available at https://stripe.com/privacy.
BNG may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including for conduct violating this Agreement, if our agreement with the Medical Groups or Pharmacies terminates, or if we discontinue the Service. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of the Service is terminated pursuant to this Agreement, you will not attempt to use the Service under any name, real or assumed.
THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. BNG AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS AND THE PHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE. BNG DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. BNG DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, IMPERFECTIONS, OR ADVERSE INCIDENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BNG OR ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUBSIDIARIES, OR AFFILIATES (COLLECTIVELY, “BNG PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE BNG PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT MUST BE BROUGHT WITHIN SIX (6) MONTHS OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICE.
You agree to defend, indemnify, and hold the BNG Parties and any Third-Parties offering products or services through the Service, including the Medical Groups, Providers and Pharmacies, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
YOU AND WE EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND US OR ANY OF THE BNG PARTIES, ANY MEDICAL GROUPS, PROVIDERS OR PHARMACIES ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE BNG PARTIES, THE PLATFORM, THE CONTENT OR THE SERVICE, OR ANY OTHER GOODS, SERVICES OR ADVERTISING BY BNG (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case BNG will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. BNG also reserves the right to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses. BNG will not seek to recover attorneys’ fees or costs incurred in arbitration from you if you are a consumer.
The arbitration shall be conducted in the County of Bonner, State of Idaho, or another reasonably convenient place as determined by the arbitrator. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.
Notwithstanding anything to the contrary herein, either party may seek injunctive remedies in the courts of the State of Idaho, County of Bonner, or the United States District Court for the District of Idaho, for violations of intellectual property rights. Either party may also assert an individual action in small claims court for Disputes within the scope of such court’s jurisdiction in lieu of arbitration.
ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
You can opt out of the provisions of this Agreement that require the arbitration of Disputes within 30 days of the date that you first agree to this Agreement. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes to: BNG Health Services, PO Box 503, Sandpoint, ID 83864, ATTN: Arbitration Opt-Out, or by email to hello@bngrx.com with the subject line “Arbitration Opt-Out.”
By using the Service, you consent to receiving electronic communications from us, including notices about applicable fees and charges, transactional information, and other information concerning the Service. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
We respect your privacy and are committed to protecting your personal information. When you opt in to receive SMS messages from us, we collect your phone number and may associate it with your account. This information is used solely for account-related notifications, treatment reminders, and iPLEDGE compliance notifications. We do not sell, rent, or share your phone number with third parties for marketing or unrelated purposes. Message frequency may vary, and standard message and data rates may apply. You may opt out at any time by replying “STOP” to any message.
We respect the intellectual property of others. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Service of the material that you claim is infringing; (4) your address, telephone number and email address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent: hello@bngrx.com.
The validity, interpretation, construction and performance of this Agreement will be governed by the Federal Arbitration Act and the laws of the State of Idaho, without regard to any conflicts of law provisions.
All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. The invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions.
Neither this Agreement, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and BNG, the Medical Groups, the Providers, or the Pharmacies. You may not enter into any contract on our behalf or bind us in any way.
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. BNG may, in its sole discretion, assign or transfer this Agreement or any or all of the contractual rights and obligations pursuant to this Agreement, in whole or in part, to any affiliate of BNG or to a third party in the event that some or all of the business of BNG is transferred to such other third party by way of merger, sale of its assets or otherwise.
Uses and disclosures of your protected health information that do not require an authorization include: Treatment (e.g., doctors, nurses, and other staff members involved in your care will use your PHI to coordinate your care); Payment (e.g., we may disclose information regarding your medical procedures and treatment to arrange payment for the services provided to you); Health Care Operations (e.g., we may disclose your PHI for billing or support); and Communicating with You (we will use your PHI to communicate with you about your care, treatment options and other health-related services).
We may also contact you at the email, phone number or address that you provide, including via text messages, for these communications. We will only provide you a link via text or email which will require you to verify yourself prior to opening the message within the BNG Health Services messaging portal.
Your rights regarding your PHI include: Access to Your PHI, Amendments to Your PHI, Accounting for Disclosures of Your PHI, Restrictions on Use and Disclosure of Your PHI, Confidential Communications, and Breach Notification. For full details, please see our Privacy Policy.
Medical doctors are licensed and regulated by the Medical Board of California. (800) 633-2322, www.mbc.ca.gov/
If you have any questions about these Terms of Service, please contact us:
BNG Health Services
PO Box 503
Sandpoint, ID 83864
Email: hello@bngrx.com
Phone: 629-777-5752