Terms of service
OVERVIEW
This website is operated by My Store. Throughout the site, the terms “we”, “us” and “our” refer to My Store. My Store offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: [LINK TO REFUND POLICY]
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here:
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall My Store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless My Store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at megan@venusandmarswell.com.
Our contact information is posted below:
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Trading Name: Mish Health Ventures DBA Venus and Mars Well
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Business Address: 9557 US-42 Suite A, Prospect, KY 40059, United States
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Email: megan@venusandmarswell.com
Terms and Conditions of Healthcare Services
Terms and Conditions of Use
Date of Last Revision: 1-04-2025
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY,
PLEASE REFER TO SECTION 17 BELOW, WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION WHICH WILL
PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION.
AMONG OTHER ACTIVITIES, VENUS AND MARS WELL ENABLES COORDINATION AND COMMUNICATION WITH A HEALTHCARE PROVIDER. IT DOES NOT REPLACE YOUR
RELATIONSHIP WITH ANY PHYSICIAN.
THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR MENTAL
HEALTH CRISIS, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT ACCESS THE SERVICES FOR EMERGENCY OR CRISIS CARE.
Introduction
Mish Health Ventures DBA Venus and Mars Well and its affiliates (collectively, “Venus and Mars Well,” “we,” “us,” or “our”) own and operate the websites located at
www.venusandmarswell.com, as well as associated future mobile applications (“Apps”). Together, the Websites, Apps, and other services provided by Venus and Mars Well are referred
to as the “Services.” In these Terms of Use, “you” and “yours” refer to the person using the Services.
These terms and conditions of use (“Terms of Use”) govern your rights and responsibilities with regard to your access to and use of the Services. Your use of the Services is subject to
these Terms of Use, our Privacy Policy, and all applicable laws and regulations. In addition, certain aspects of the Services may be subject to additional or supplementary terms. By
using the Services, you agree to review and be bound by such additional terms where applicable.
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR LEGAL RIGHTS.
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO
NOT AGREE WITH THESE TERMS OF USE, YOU MUST NOT USE THE SERVICES.
Sections Covered in these Terms of Use:
1. Services Overview, Availability, and Eligibility
2. Telehealth, Pharmacy, and At-Home Services
3. Registration and Account Creation
4. Privacy
5. Ownership and License to Use the Services
6. User Content and Venus and Mars Well's License to Use Such Content
7. Copyright Notices
8. Restrictions on Use
9. Disclaimer of Warranties
10. Limitation of Liability
11. Indemnification
12. Third-Party Links and Features on the Services
13. Changes to the Terms of Use and the Services
14. Payments
15. Termination
16. Governing Law; Severability
17. Dispute Resolution: Binding Arbitration Clause and Class Waiver
18. Communications by Text Message and Email
19. Miscellaneous Terms
20. Contact Us
21. Additional Terms for Specific Products and Services
22. Notice to Patients – Open Payments Database
1. Services Overview, Availability, and Eligibility
Overview of the Services
The Services include a range of offerings, such as:
Providing individuals with information about healthcare and wellness;
Offering access to telehealth services;
Providing access to pharmacy services;
Facilitating the development and retention of health records for use in healthcare provider consultations, pharmacy services, and communications;
Providing administrative support related to scheduling, payments, and healthcare provider communications;
Providing telecommunications support to enable access to healthcare providers for consultations, assessments, and treatment.
You may be required to create an account to access certain parts of the Services. By using the Services, you agree to the use of your information as outlined in our Privacy Policy.
Availability
Certain Services are currently only available to individuals in specific states within the United States. We will notify you if any limitations apply to your use of the Services based on your
location.
The Services are intended for use by individuals in the United States only. Venus and Mars Well does not make any claims that the Services are accessible or appropriate for use
outside of the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for complying with local laws.
Eligibility
Our Services are intended for use by individuals who are at least 18 years old. To access and use the Services, you must meet the following criteria:
You are at least 18 years old, or you are accessing the Services with the consent of your parent or legal guardian;
You are located in a state where Venus and Mars Well operates;
You agree to comply with these Terms of Use and any additional terms provided in connection with specific Services.
Satisfying the above requirements does not guarantee that you will receive access to the Services, and we reserve the right to modify or include new eligibility criteria at our discretion
without prior notice to you.
Mish Health Ventures DBA Venus & Mars Well provides telehealth and in-person medical services tailored to individual needs. The specific treatments and medications offered may
vary and are determined based on the patient’s health needs.
2. Telehealth, Pharmacy, and At-Home Testing Services
Telehealth Services
Venus and Mars Well offers telemedicine services that facilitate the delivery of healthcare services using electronic communications, including but not limited to:
The electronic transmission of medical records, photo images, personal health information, or other data between you and healthcare providers;
Video or audio consultations with healthcare providers;
Access to lab results and diagnostic testing.
We take steps to protect the privacy and security of your health information, and our systems use security protocols to safeguard your data. However, no method of electronic
communication is 100% secure, and by using our telehealth services, you acknowledge the associated risks.
For more information about telehealth services, please refer to our Consent to Telehealth.
Emergency Care Disclaimer
Mish Health Ventures DBA Venus & Mars Well does not provide emergency medical services. In the event of a medical emergency, please contact 911 or go to the nearest
emergency room. For mental health crises, you may contact the Suicide Prevention Lifeline at 988.
Pharmacy Services
If your healthcare provider prescribes medication as part of your treatment, you may have your prescription filled by a pharmacy in the Venus and Mars Well network, or choose another
pharmacy. By opting for a pharmacy in our network, you authorize us to disclose your health information to that pharmacy to process your prescription.
Please note: It is your responsibility to keep medications out of the reach of children as childproof packaging cannot be confirmed.
Patients who choose to use compounded medications acknowledge that these medications are not FDA-approved and may carry risks, including but not limited to variability in potency,
absorption, and effectiveness. By accepting compounded medications, patients assume these risks.
At-Home Testing Services
Venus and Mars Well may offer at-home testing services, which may require a valid order from a licensed healthcare provider. By using our at-home testing services, you agree that
these services are intended for informational purposes only and are not a substitute for professional medical advice or diagnostic services.
3. Registration and Account Creation
To use certain features of the Services, you may need to create an account. When creating your account, you agree to provide accurate and complete information. You are responsible
for maintaining the confidentiality of your username and password, and you are fully responsible for all activities that occur under your account.
If you suspect unauthorized use of your account, you must notify Venus and Mars Well immediately by contacting megan@venusandmarswell.com.
4. Privacy
Venus and Mars Well respects your privacy and understands the importance of safeguarding your health information. For details on how we collect, use, and share your personal
information, please review our Privacy Policy.
5. Ownership and License to Use the Services
As between you and Venus and Mars Well, we retain ownership of all intellectual property rights in and to the Services and their content, including text, images, video, audio, and other
materials (collectively, “Service Content”). We grant you a limited, non-exclusive, revocable, non-transferable license to access and use the Services and Service Content for your
personal, non-commercial use only.
You may not copy, modify, distribute, sell, or create derivative works based on the Services or Service Content without our express written permission.
6. User Content and Venus and Mars Well's License to Use Such Content
By submitting content through the Services, including but not limited to medical history, feedback, questions, or comments (“User Content”), you grant Venus and Mars Well and its
affiliates a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, modify, distribute, and display your User Content for the purposes of providing the Services,
improving our offerings, and conducting research.
You agree not to submit any User Content that is false, misleading, defamatory, offensive, or violates the rights of others.
7. Copyright Notices
Venus and Mars Well respects the intellectual property rights of others and expects users of the Services to do the same. If you believe your copyright has been infringed, please notify
us by contacting us at megan@venusandmarswell.com.
8. Restrictions on Use
You agree to use the Services only for lawful purposes and in accordance with these Terms of Use. You are prohibited from:
Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
Attempting to gain unauthorized access to the Services or other users' accounts;
Transmitting any viruses, malware, or other harmful code;
Using the Services to infringe upon the intellectual property or other rights of any third party.
We reserve the right to terminate your access to the Services if you violate these restrictions.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. VENUS AND MARS WELL
DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Mish Health Ventures LLC (DBA VENUS AND MARS WELL) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
I acknowledge that I, the Client, take full responsibility for my life and well-being, as well as the lives and well-being of my family and children (where applicable), and all decisions made
during and after the services provided by Venus Well. I assume the risks of the Program/Services. I release Mish Health Ventures LLC (DBA Venus and Mars Well)l from any and all
liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, which I, the Client, ever had, now have, or will have in the
future against Venus Well, unless resulting from gross negligence.
11. Indemnification
You agree to indemnify, defend, and hold harmless Mish Health Ventures (DBA Venus and Mars Well), its affiliates, officers, directors, employees, and agents from any and all claims,
liabilities, damages, and expenses (including reasonable attorney’s fees) arising from your use of the Services, your violation of these Terms of Use, or your violation of any third-party
rights.
I acknowledge that I am voluntarily participating in the services provided by Venus Well and agree to the following:
I waive, release, and discharge Mish Health Ventures LLC (DBA Venus and Mars Well) and their employees from any and all negligence and liability for my death, disability,
personal injury, property damages, property theft, or any claims that may arise as a direct or indirect result of my participation in their services.
I agree to defend, indemnify, and hold harmless Mish Health Ventures LLC (DBA Venus and Mars Well) and their employees against any and all claims of any nature, including
costs, expenses, and attorneys’ fees, which result from my participation in their services.
12. Third-Party Links and Features on the Services
The Services may contain links to third-party websites or features. Venus and Mars Well is not responsible for the content, privacy practices, or activities of third-party websites. Your
interactions with third-party websites are governed by their respective terms and policies.
13. Changes to the Terms of Use and the Services
We reserve the right to modify or discontinue the Services, or any part of them, at any time without notice. We also reserve the right to revise these Terms of Use at any time. Changes
to the Terms of Use will be effective immediately upon posting. Your continued use of the Services after changes have been posted constitutes your acceptance of the revised Terms of
Use. You are encouraged to review the Terms and Conditions periodically for any changes.
14. Payments
By using the Services, you agree to pay all applicable fees for the Services as indicated at the time of purchase. All fees are non-refundable unless otherwise stated in our refund policy.
Medications, including compounded medications, and labs are custom-ordered and cannot be returned or refunded under any circumstances.
15. Termination
We may terminate your access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease.
16. Governing Law; Severability
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Kentucky, without regard to its conflict of law principles. If any provision of these
Terms of Use is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.
17. Dispute Resolution: Binding Arbitration Clause and Class Waiver
Any dispute arising out of or related to these Terms of Use or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration
Association. By agreeing to arbitration, you waive the right to a jury trial or to participate in a class action.
18. Communications by Text Message and Email
By providing your contact information, you consent to receiving communications from Venus and Mars Well via text message, email, or other methods. Patients may communicate with
Mish Health Ventures DBA Venus & Mars Well via email, SMS, Healthie App, or the Spruce secure platform. For sensitive information, patients are encouraged to use Healthie, or the
Spruce app to ensure HIPAA-compliant communication. By using unsecured communication methods, patients accept the potential risks.
19. Miscellaneous Terms
These Terms of Use constitute the entire agreement between you and Venus and Mars Well regarding your use of the Services. Any failure by Venus and Mars Well to enforce a right or
provision of these Terms shall not be considered a waiver of such right or provision.
20. Contact Us
If you have any questions about these Terms of Use, please contact us at: megan@venusandmarswell.com
Mish Health Ventures DBA Venus and Mars Well
21. Additional Terms for Specific Products and Services
For additional terms related to specific services or products offered by Venus and Mars Well, please review the applicable sections of the Services. These terms are hereby incorporated
into these Terms of Use by reference.
22. Notice to Patients – Open Payments Database
As required by the federal Physician Payments Sunshine Act, information about payments made by manufacturers of drugs, medical devices, and biologics to physicians and teaching
hospitals is publicly available through the Open Payments database. You may view this information by visiting: https://openpaymentsdata.cms.gov/ (https://openpaymentsdata.cms.gov/)