Terms of Service

Last updated November 25, 2025

AGREEMENT TO OUR LEGAL TERMS

We are Shameless Health LLC, d/b/a Shameless Care (“Shameless Care,” “Company,” “we,” “us,” “our“), a company registered in Illinois, United States at 2400 E Main St., Ste. 103-207, St. Charles, IL 60174.

We operate the website https://shamelesscare.com (the “Site“), as well as any other related products and services that refer or link to these Terms of Service (the “Terms of Service” or “Agreement”). The content (“Content”) on the Site may include: (i) information on healthcare and wellness; (ii) access to technology-oriented tools for medical treatment; (iii) development and gathering of healthcare records and healthcare information with retention of the same for us in healthcare provider appointments and communications; (iv) administrative support in connection with scheduling and for healthcare provider services; and (v) telecommunications support for using our Service as a means of direct access to healthcare providers provided by Shameless Care and similar affiliated professional entities for communication, consultations, assessments, and treatment by such healthcare organizations and their providers, in addition to other documents, tools, products, services, accounts, and offers (collectively, “Services”). Your access and use of our Services, any part thereof, or anything associated therewith, are subject to these Terms of Service unless specifically stated otherwise. Capitalized terms not otherwise defined in these Terms of Service have the same meaning as set forth in the Shameless Care Privacy Policy (“Privacy Policy”).

SHAMELESS CARE DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR SUGGESTIONS FOR TREATMENT. PLEASE ONLY CONTACT YOUR PHYSICIAN OR HEALTH CARE PROVIDER CONCERNING YOUR PARTICULAR MEDICAL CONDITION OR CONCERNS. See Your Relationship With Us section.

AMONG OTHER ACTIVITIES, SHAMELESS CARE’S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. PLEASE DO NOT ATTEMPT TO COMMUNICATE WITH US ABOUT YOUR SPECIFIC MEDICAL CONDITION, EVEN IN AN EMERGENCY. WE DO NOT MONITOR YOUR COMMUNICATIONS TO US THROUGH THE SITE FOR THESE PURPOSES, AND WE MAY NOT RESPOND TO YOUR COMMUNICATION IN AN APPROPRIATE TIMEFRAME. CONTACT YOUR PHYSICIAN OR HEALTH CARE PROVIDER FOR ADVICE CONCERNING YOUR MEDICAL NEEDS. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you“), and Shameless Care, concerning your access to and use of our Services. You agree that by accessing our Services, you have read, understood, and agreed to be bound by all of these Terms of Service. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS. YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS, AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SITE IF YOU VIOLATE THESE TERMS. BY CLICKING ON LINKS WITHIN THE SITE, WEBPAGES BEYOND THE SITE’S HOMEPAGE, YOU AGREE TO THESE TERMS, WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH US AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE SITE OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE, OR OTHERWISE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE, OR ANY INFORMATION CONTAINED ON THIS SITE.

DISPUTE RESOLUTION: UNLESS YOU TIMELY OPT-OUT OF ARBITRATION IN ACCORDANCE WITH THESE TERMS OF SERVICE, YOU AND WE AGREE THAT ALL LEGAL CLAIMS, DISPUTES OR OTHER CONTROVERSY BETWEEN YOU AND US OR YOU AND THE MEDICAL GROUPS OR PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE SERVICE (COLLECTIVELY, “DISPUTES”), WITH LIMITED EXCEPTIONS, WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION AND YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. FOR PURPOSES OF THIS ARBITRATION AGREEMENT, “DISPUTE” WILL ALSO INCLUDE DISPUTES THAT AROSE OR INVOLVE FACTS OCCURRING BEFORE THE EXISTENCE OF THIS OR ANY PRIOR VERSIONS OF THE TERMS AND CONDITIONS AS WELL AS CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS AND CONDITIONS. We explain some exceptions and how you can opt out of arbitration below. See Binding Arbitration / Class Waiver section.

Supplemental terms and conditions or documents that may be posted on our Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of our Services after the date such revised Terms of Service are posted.

Your Relationship With Us

We make available to individuals who register as Users of our Services (“Users”) certain products and services sold or offered by Shameless Care or by third party medical providers, pharmacies, laboratories, or other vendors via our Service. These third parties may be subject to change at any time at our discretion. Our Service provides access to prescription fulfillment services offered by the following pharmacies: GoGoMeds Pharmacy, Curexa Pharmacy, and Belmar Pharmacy (the “Pharmacies”) and access to laboratory services from the following laboratories: laboratory testing from Nexus Medical Labs and laboratory kit fulfillment from Supera Fulfillment (the “Labs”). You agree and understand that your prescription(s) may be filled by and transferred between any Pharmacies, and you agree that our Services may do so on your behalf. We may also provide you with access to the following medical group which provides healthcare and/or mental health services throughout the Site (the “Medical Groups”): MD Integrations. This medical group employs or contracts with physicians, allied health professionals, and mental health professionals who offer certain healthcare and/or mental health services through the Site (“Providers”). By accepting these Terms of Service, you acknowledge and agree that any services you receive from the Labs, Pharmacies, Medical Groups or Providers through the Site are also subject to these Terms of Service, and that Pharmacies, Medical Groups, Providers, and certain Labs are third party beneficiaries of these Terms of Service.

In some cases, a non-Shameless Third Party Care Provider may use our Services to provide advice or treatment to you. The Provider conducting the consultation determines the scope of services for diagnosis, treatment, and care. You understand, agree, and acknowledge that our Services may not be the appropriate solution for all health care needs and that our Services may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation. A Provider consulting with you through our Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the Provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, Shameless Care strongly encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with your Provider. Moreover, a Provider utilizing Shameless Care may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage with our Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a healthcare provider; (iii) a Provider acting through our Services may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease or injury.

We do not control or interfere with the practice of medicine or mental health care by the Medical Groups or any Providers, each of whom is solely responsible for directing the medical care, mental health care, and/or treatment they provide to you. By accepting these Terms of Service, you acknowledge and agree that Shameless Care is not a healthcare provider and that by using our Services, you are not entering into a doctor-patient or other health care provider-patient relationship with Shameless Care. By using our Services, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the Medical Group and/or one or more Providers, where Shameless Care facilitates the platform, coordination, and administrative workflow of said relationship. Medical advice, diagnosis, and prescriptions come from the Medical Group and our Providers. Further, we do not control or interfere with any professional service provided by the Labs and Pharmacies, each of which is solely responsible for their provision of professional services rendered via our Services.

By accepting these Terms of Service, you acknowledge and agree that the Medical Group and/or Providers may send you messages, reports, and emails via our Services regarding your results, diagnosis and/or treatment. You understand and agree that Shameless Care is not responsible for the security or privacy of communications services you use to receive the aforementioned messages, reports, and emails sent via our Services. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Shameless Care nor the Medical Group nor any Provider will be responsible in any way and you will not hold Shameless Care, the 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).

Our role is limited to making certain information available to you and helping facilitate your access to telemedicine and medical services. Shameless Care is independent from Providers and is not responsible for such Providers’ acts, communications, or any content provided by them.

We do not engage in the practice of medicine. We do not provide medical advice. The decision to follow treatment recommendations rests with you and your Provider. By accessing, using, or browsing the Site or our Services or providing medical history, you do not create a physician-patient or healthcare provider-patient relationship between you and Shameless Care or any of our employees and/or affiliates. Any Services provided by us, or content accessed by you on the Site are for informational purposes only and are not intended to replace the advice of your healthcare provider. Please consult your doctor or other qualified healthcare provider if you have any questions about a medical condition. Call 911 for all medical emergencies.

SHAMELESS CARE IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE SITE.

While you are not establishing a doctor-patient or other health care provider-patient relationship with Shameless Care, by using our Services, you are establishing a direct customer relationship with Shameless Care to use our Services, including the purchase of any non-prescription products or non-medical services sold directly to you by Shameless Care via our Services. In connection with such a 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. Please refer to the “Privacy Policy” section and the “Protected Health Information” section below for additional information.

Your Financial Responsibility for Services

Shameless Care and the Medical Groups are not enrolled with, and are not participating providers with, any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any health care or mental health services or supplies and, as such, neither you nor Shameless Care or the Medical Groups may receive payment from such programs for the services or products provided to you by Shameless Care or the Medical Groups. Further, to the extent that any of the Labs, Pharmacies, or Providers may be enrolled in federal or state healthcare programs, the focus of certain services and products on wellness, health education, and prevention and the means through which the services and products are provided or made accessible through our Services typically precludes such services and products from being covered benefits under these programs. By choosing to use our Services, 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 our Services, 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 our Services; and (2) neither you nor Shameless Care, the Labs, 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 our Services.

Prescription Products

Certain products available through the Site 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, you will receive information about your options for filling the prescription. Certain prescriptions can be filled through one of the Pharmacies by using the Site or you may fill the prescription at any pharmacy of your choice as prompted during your use of our Services or by emailing your request to customerservice@shamelesscare.com. Prescriptions may also be transferred among the Pharmacies without notice. Not all prescriptions fulfilled by the Pharmacies use child-resistant packaging and your prescription product may not be dispensed in a child-resistant container.

Some prescriptions are not available through the Pharmacies or must be filled by a local pharmacy of your choice as prompted during your use of our Services, including prescriptions used for many common primary care conditions.

If you complete a consultation with a Provider and fill a prescription through one of the Pharmacies, the prescription product is shipped to you by the applicable Pharmacy and the costs associated with the prescription are included in the total charged to you by our Services. If you fill a prescription with a pharmacy other than the Pharmacies, our Services 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.

Prescription products available through the Site are “Third-Party Goods and Services” as described in the Third-Party Goods and Services section of these Terms of Service. Certain medications and products available through the Site are Shameless-branded medications and products. These products are chosen from a formulary by our Pharmacies, approved by our Medical Groups, and only available to you with a prescription from your Provider. These Shameless-branded medications and products are not created and developed by Shameless.

Laboratory Products and Services

The laboratory testing services accessible through the Site (the “Testing Services”) require an order by a licensed healthcare provider. You will only be able to obtain access to the Testing Services through the Site if you submit the requested intake information and a Provider has determined that the applicable laboratory product and/or service is appropriate for you and orders it. Currently, laboratory products and services coordinated through the Site can only be fulfilled by the Labs. In order to obtain authorized Testing Services, you will need to schedule and present for laboratory services within the timeframe indicated at a designated Lab, or, in connection with certain Testing Services as indicated on the Site, submit a sample to the Lab for testing using an at-home collection kit sent to you by or on behalf of the Lab. If using an at-home collection kit, you are responsible for collecting and submitting samples in accordance with all notices and instructions included in the at-home collection kit. If you do not provide an adequate sample or do not return the sample within the timeframe set forth in the instructions, the Lab may not be able to process your sample.

If you receive any laboratory products and/or services from a Lab through the Site, these are products and/or services of the Labs. Any applicable testing or collection materials that are shipped to you are prepared and shipped to you by the applicable Lab. The Site is serving as the conduit of the Lab regarding the Lab products and services and the costs associated with the laboratory products and services are included in the total charged to you by our Services. Certain laboratory products and services available through the Site are “Third-Party Goods and Services” as described in the Third-Party Goods and Services section of these Terms of Service.

We do not provide refunds for laboratory products and services, but refunds may be provided on a case-by-case basis in our sole and absolute discretion.

STI Testing by Shameless Care

Unless medical advice is expressly provided by a Provider during a visit as part of a consultation, standalone STI Testing by Shameless Care is designed primarily for screening and informational purposes.

If you receive a test result with a value that is critical or concerning, a Provider will attempt to contact you; however, if you have questions about your results, you may contact a Provider through the Site. Providers will not provide you with a comprehensive report on your test results and may not render a diagnosis or prescribe or order treatment in connection with STI Testing by Shameless Care.

All licensed providers and laboratories in the United States are legally required to report certain positive sexually transmitted infections. Shameless Care, like every testing company in the United States, must report all diagnosed cases of reportable sexually transmitted infections to the local board of health, as required by law. These reports shall include all information required by law, including patient name, address, date of birth, and the name and address of the submitting healthcare professional.

By accessing STI Testing by Shameless Care, you acknowledge that lab testing has inherent limitations and that STI Testing by Shameless Care may not identify any or all conditions or risks. We encourage you to seek the advice of a qualified healthcare provider with any questions you may have regarding your results or any other medical or health condition. Such healthcare providers may require further testing in order to diagnose or treat you.

Requested Services

You understand and agree that your use of our Services inherently involves your requesting the features and products available on the Site and via any communication channel between you and Shameless Care. Our Services may involve certain uses of personal information that is considered sensitive in certain jurisdictions or otherwise subject to heightened legal obligations. You understand that by using our Services or Site, you are requesting that Shameless Care and/or the Medical Groups process your personal information, including sensitive personal information, as necessary to provide you the features described on the Site or as otherwise required to provide our Services to you. This may include, for example, sending you personalized recommendations relating to your use of our Services by email and/or on the Site. Our Services offered to you includes personalization based on your personal information.

Limited Use and Availability

Our Services are currently only available to individuals who are located in states in which we offer our Services, 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 these Terms of Service; By visiting, accessing, registering with or using our Services, you are representing and warranting to us that you are either at least eighteen (18) years of age or at least the age of majority in your jurisdiction of residence, if higher than eighteen (18).

Certain products available through our Services are subject to additional age restrictions, and not all products or services are available to all ages.

In some cases, our Services may not be the most appropriate way for you to provide information to, communicate with or seek medical and/or mental health care and treatment from a healthcare provider or mental health professional. 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 are otherwise not appropriately addressed through use of our Services. In such a case, you may receive notification that you will be unable to use our Services for the particular issue you submitted with additional information regarding next steps.

Consent to the Use of Our Services

Shameless Care provides the delivery of health and mental health care services using electronic communications, information technology or other means between a healthcare provider or mental health professional and a patient who is not in the same physical location. Our Services are not a substitute for in-person care in all cases. In order to use our Services, you will be required to review and agree to an informed consent regarding the use of our Services. You agree that Shameless Care is a third-party beneficiary of the patient consent and has the right to enforce it against you.

Duty to Provide Information, Access, and Connectivity

You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in our Services) to enable use of our Services, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing our Services. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through our Services. We reserve the right to change the access configuration, including any software, hardware or other requirements of our Services at any time without prior notice.

Privacy Policy

Shameless Care 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.

Protected Health Information

When you set up an account with Shameless Care, you are creating a direct customer relationship with Shameless Care that enables you to access and/or utilize the various functions of our Services as a user. As part of that relationship, you provide information to Shameless Care, 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, Shameless Care is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). One or more of the Labs, Pharmacies or Medical Groups may or may not be a “covered entity” or “business associate” under HIPAA, and Shameless Care may in some cases be a “business associate” of a Lab, Pharmacy or Medical Group. It is important to remember that, while state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because there is health information involved with Shameless Care. Shameless Care is deemed a “business associate”, and solely in its role as a business associate. In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.

By accessing or using any part of our Services, you understand that any information that you submit to Shameless Care that is not intended and used solely for the provision of diagnosis and treatment by the Medical Group and Providers, laboratory services by the Labs or prescription fulfillment by the Pharmacies, is not considered Protected Information, and will be subject only to our Privacy Policy and any applicable state laws that govern the privacy and security of such information. For purposes of clarity, information you provide to Shameless Care in order to register and set up an account, including name, date of birth, username, email address, shipping address, and phone number, are not considered Protected Information.

Shameless Care will take reasonable and industry-standard precautions to safeguard your Protected Information. You agree that we will not be held liable for any data breach, including any resulting damages, unless it can be proven that the breach was a direct result of our gross negligence or willful misconduct. Our liability for any such proven negligence is limited to the maximum extent permitted by law.

Registration; User Accounts, Passwords, and Security

You are obligated to register and set up an account on the Site in order to access our Services, and our Services are available only to Users who have registered and have been granted accounts with usernames and passwords. For purposes of clarity, information you provide to Shameless Care in order to register and set up an account on the Site, including name, username, email address, shipping address and phone number, are not considered Protected Information for purposes of the Protected Health Information section above. You agree to accurately maintain and update any information about yourself that you have provided to Shameless Care, a Medical Group or its Providers, the Labs 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 our Services. You also agree to immediately notify Shameless Care of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to our Services by contacting Shameless Care in the Customer Help Center. In addition, you agree to keep confidential your username and password and to exit from your User account at the end of each session. Shameless Care 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.

We reserve the right to withdraw or amend this Site, and any Services or Content we provide on the Site, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. We also reserve the right to change the prices or specifications of our Services at any time without any notice or liability to you or any other person; any such price change shall not require customer or patient approval. From time to time, in our sole discretion and without notice, we may restrict access to some parts of the Site, or the entire Site, to Users, including registered Users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Site.
Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

To access the Site or certain of the resources it offers, you may be asked to provide certain registration details or other information. The Services are available to you only if you have registered with Shameless Care and to other persons affiliated with Shameless Care who have been granted accounts with usernames and passwords. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete, and that you have the authority to provide such information to us.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You shall bear the entire risk for any use thereof, whether you have authorized such use and whether or not you are negligent. If you permit other persons to use your computer or mobile device, login information or any other means to access our Services, you will be held responsible for any transactions they undertake, and we will not be liable for any damages resulting to you.

When establishing an account, you will be required to provide a username and password that will be used as your login for your account. To help protect the privacy of data you transmit through our Services, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, we take steps to protect the User data we collect against unauthorized access. However, you should keep in mind that our Services and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access our Services and information about you, including medical information, contained in our Services. It is your responsibility to affirmatively logout from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone and other devices, and to protect the confidentiality of your username and password.

You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you sign out of or exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You must exercise caution, good sense, and sound judgment in using our Services. You are prohibited from violating, or attempting to violate, the security of our Services. Any such violations may result in criminal and/or civil penalties against you. Shameless Care may investigate any alleged or suspected violations and if a criminal violation is suspected, Shameless Care may cooperate with law enforcement agencies in their investigations.

Use and Ownership of our Services

Our Services and the information and Content available through our Services are protected by copyright laws throughout the world. Subject to these Terms of Service, Shameless Care grants you a limited, non-transferable, revocable license to access and use our Services for your personal use. Unless otherwise specified by Shameless Care in a separate license, your right to use any of our Services or the Content is subject to these Terms of Service and all rights in our Services and Content are reserved by Shameless Care. You agree that Shameless Care and its suppliers own all rights, title and interest in our Services (including but not limited to, any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying our Services. Shameless Care’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with our Services are the trademarks of Shameless Care and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in our Services are the property of their respective owners.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms of Service.

You further agree to not use the Site in any way that:

Changes or alters the Site or content or Services that may appear on the Site;
Impairs in any way the integrity or operation of the Site;
Interferes with or induces a breach of the contractual relationships between us and our employees;
Is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
Transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email and commercial communications;
Transmits any harmful or disabling computer codes or viruses;
Harvests email addresses from the Site;
Transmits unsolicited email to the Site or to anyone whose email address includes the domain name of the Site;
Interferes with our network services;
Attempts to gain unauthorized access to our network services;
Suggests an express or implied affiliation or relationship with us without our express written permission;
Impairs or limits our ability to operate the Site or any other person’s ability to access and use the Site;
Unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
Transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
Dilutes or depreciates our or any of our affiliates’ name and reputation;
Transmits or uploads content or images that infringe upon any third party’s intellectual property rights or right to privacy; or
Unlawfully transmits or uploads any confidential, proprietary or trade secret information.

We have no obligation, but maintain the right, to monitor the Site. This list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate access to your account and your ability to use this Site (or the Content) with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this Site or to any other user of this Site and/or Content. We may report to law enforcement authorities any actions that may be illegal, and any reports we receive of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet, which may include disclosing any information we obtain. In addition, we may disclose information we obtain as necessary or appropriate to operate or improve the Site, to protect us and/or our Site Users, or for any other purpose that the law permits.

License to Information Submitted via our Services

Subject to any limitations on Protected Information described below, any information you transmit to Shameless Care via our Services, whether by direct entry, submission, email or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary. Subject to any applicable account settings that you select, you grant Shameless Care a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Submissions (in whole or in part) for the purposes of operating and providing our Services to you and to our other Users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Submissions has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Shameless Care, are responsible for all of the Submissions that you provide to our Services. In addition to the foregoing, Shameless Care shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that Shameless Care deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission.

If a Submission you make contains Protected Information, Shameless Care’s rights under this section with respect to the use or disclosure of such Protected Information will be limited as and to the extent required under applicable law.

Prohibited Use

You are prohibited from using or attempting to use our Services: (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) in any manner that could interfere with any other party’s use and enjoyment of our Services; (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data, or information not intended by Shameless Care to be made accessible to a user; (vi) to obtain any materials, or information through any means not intentionally made available by Shameless Care; (vii) to reverse engineer, disassemble or decompile any section or technology on our Services; or (viii) for any use other than the business purpose for which it was intended.

In addition, in connection with your use of our Services, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Shameless Care representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure Terms of Services); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use our Services’s communication features in a manner that adversely affects the availability of its resources to other Users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display our Services by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, our Services or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access our Services, or copy, download, distribute or reproduce any content or information on our Services; or (p) assist or permit any person in engaging in any of these activities.

Shameless Care reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User’s access and/or account. Shameless Care may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Except as may be provided in the Privacy Policy or prohibited by applicable law, Shameless Care reserves the right, at all times, to disclose any information as Shameless Care deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Shameless Care’s sole discretion.

Right to Monitor

Shameless Care reserves the right to monitor general use of our Services at any time as it deems appropriate and to remove any materials that, in Shameless Care’s sole discretion, may be illegal, may subject Shameless Care to liability, may violate these Terms of Service, or are, in the sole discretion of Shameless Care, inconsistent with Shameless Care’s purpose for our Services.

Third-Party Goods and Services

Parties other than Shameless Care, including but not limited to certain Labs, Pharmacies, Medical Groups and Providers, provide services or sell products through our Services (collectively, “Third Parties”), and Shameless Care may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by Third Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and Services 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 should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using our Services and disclosing personal information.

You agree that Shameless Care shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of our Services, including any Third-Party Goods and Services or your interactions with any Third Parties. In the event of any dispute between you and any Third Party, any other User or any other entity or individual, you understand and agree that Shameless Care is under no obligation to become involved in such dispute, and you hereby release and indemnify Shameless Care, partner Pharmacies, and their respective corporate parents, subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Shameless Care Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or our Services or the features and services therein.

Certain of Shameless Care’s shareholders, directors, officers, employees, contractors or agents (collectively, “Shameless Care Owners and Personnel”) may have a financial interest in one or more Third Parties and may profit from your use of the Third Parties and/or the sale of Third-Party Goods and Services to you.

Terms of Sale

All products offered for sale by Shameless Care 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 (which includes charging the correct price) 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 (“Taxes”) due with respect to your purchase of products or services through our Service. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.

Only valid payment methods acceptable to us may be used to complete a purchase via our Services. 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 (including any applicable taxes and shipping and handling charges). If your designated payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third-party payment service providers may request, and may receive, updated payment card information from your payment card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, you agree we may update your account information accordingly, and will use such updated information to process payments for your future purchases (including any applicable taxes, shipping and handling charges). Your payment card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated card information. If you wish to opt out of your payment card’s updating service, you should contact your card issuer. We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or card issuer reverses a charge to your payment card, we may bill your account directly and seek payment by another method including a mailed statement.

If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment. In connection with any purchase you make through our Services, you may be asked to supply certain information relevant to the transaction, including, without limitation, your payment card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Shameless Care without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information (and any updated information we receive) to third parties (e.g., payment processing companies, buyers on our Services, sellers on our Services) for the purpose of facilitating the transaction.

All credit card, debit card and other monetary transactions on or through our Services occur through a third party online payment processing application(s) accessible through our Services. This online payment processing application(s) is provided by Shameless Care’s third-party online payment processing vendor, Stripe (“Stripe” or “Payment Vendor”). Additional information about Shameless Care’s Payment Vendor, its respective privacy policies and its information security measures should be available on the Stripe website located at https://stripe.com/ or by contacting Stripe directly. Reference is made to the Payment Vendor Policy for informational purposes only and are in no way incorporated into or made a part of these Terms of Service. Shameless Care’s relationship with its Payment Vendor, if any, is merely contractual in nature, as Payment Vendors are nothing more than third-party vendors to Shameless Care and are in no way subject to Shameless Care’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.

Shameless Care agrees to take reasonable and industry-standard precautions to protect your payment data. You agree that we will not be held liable for any data breach or loss of credit card information, including any resulting damages, unless it can be proven that the breach was a direct result of our gross negligence or willful misconduct. Our liability for any such proven negligence is limited to the maximum extent permitted by law.

You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via our Services, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.

We reserve the right to remedy User issues and concerns on a case-by-case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.

Termination

Shameless Care may terminate your use of our Services or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating these Terms of Service, if any or all of the Terms of Services between Shameless Care and the Medical Groups, Labs, or Pharmacies terminate or if we discontinue our Services. The provisions of these Terms of Service concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of these Terms of Service or your relationship with Shameless Care. You agree that if your use of our Services is terminated pursuant to these Terms of Service, you will not attempt to use our Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all Shameless Care Parties harmless from any and all liability that any such Shameless Care Parties may incur with respect thereto.

Except as otherwise provided in the Privacy Policy or as required by applicable law (including any obligation to provide access to health records), we have no obligation, whether before or after the termination of your use of our Services, to return or otherwise provide to you or any third party on your behalf any Content, any information you provide to us, any information your Providers provided to us about or relating to you, or any other information that we may have that relates to you.

Disclaimers

Content and other information contained on our Services is provided by Shameless Care as a convenience. Users relying on Content or other information from our Services do so at their own risk.

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. SHAMELESS CARE AND EACH THIRD PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, THE LABS, 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, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM. SHAMELESS CARE DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. SHAMELESS CARE DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHAMELESS CARE 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, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHAMELESS CARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHAMELESS CARE 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 ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold Shameless Care Parties and any Third Parties offering products or services through our Services, including the Medical Groups, Providers, Labs 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 our Services, your fraud, violation of law, or willful misconduct, any breach by you of these Terms of Service or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

Notices

Any notices to you from Shameless Care regarding our Services or these Terms of Service may be made by email, a posted notice on our Services, or regular mail, in the sole discretion of Shameless Care.

Electronic Communications

When you access or use our Services or send emails or SMS messages to us, any Medical Group or its Providers, you are communicating with us, the Medical Group and its Providers electronically. You consent to receive communications from us, the Medical Group and its Providers electronically. We will communicate with you via email, SMS messaging or through our Services.

These electronic communications are part of your relationship with us. You agree that any notices, Terms of Services, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Service.

You agree to pay all fees due for services requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party Payment Vendors to charge the amount due.

Copyright

It is Shameless Care’s policy to terminate use of our Services by any User who repeatedly infringes copyright upon prompt notification to Shameless Care by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on our Services 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 our Services of the material that you claim is infringing; (4) your address, telephone number and e-mail 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 Shameless Care’s Copyright Agent for notice of claims of copyright infringement is as follows: legal@shamelesscare.com.

Entire Agreement

These Terms of Service and any other Terms of Services Shameless Care may post on our Site or that you and Shameless Care may execute from time to time constitute the entire Agreement between Shameless Care and you in connection with your use of our Services and supersede any prior Terms of Services between Shameless Care and you regarding use of our Services, including prior versions of these Terms of Service.

Binding Arbitration / Class Waiver

YOU AND WE EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND US OR ANY OF THE SHAMELESS CARE PARTIES, ANY MEDICAL GROUPS, PROVIDERS, LABS, OR PHARMACIES ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE SHAMELESS CARE PARTIES, THE PLATFORM, THE CONTENT OR THE SERVICE, OR ANY OTHER GOODS, SERVICES OR ADVERTISING BY SHAMELESS CARE OR ANY OF THE SHAMELESS CARE PARTIES, LABS, PHARMACIES, MEDICAL GROUPS, OR PROVIDERS, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT, THAT IS NOT RESOLVED BY AN INFORMAL DISPUTE RESOLUTION CONFERENCE (AS DEFINED AND DESCRIBED BELOW), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM NATIONAL ARBITRATION & MEDIATION (“NAM”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY NAM’S COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND, WHERE APPLICABLE, BY THE NAM SUPPLEMENTAL RULES FOR MASS ARBITRATION FILINGS (TOGETHER, THE “RULES AND PROCEDURES”). YOU AND THE SHAMELESS CARE PARTIES ACKNOWLEDGE THAT WE ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR AND OUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

In the event a Dispute arises between us, we are committed to working with you to reach a reasonable resolution. You and we agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and we therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Terms of Service (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to us that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to customerservice@shamelesscare.com or regular mail to our offices located at Shameless Care, LLC, 2400 E Main St., Ste. 103-207, St. Charles, IL 60174, United States. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute. To be valid, you must personally sign the Notice. If you have counsel (either a law firm or group of law firms or organizations) who additionally represents any other Users who either have already provided a Notice to Shameless Care within the last ninety (90) days or intend to provide a Notice within the next ninety (90) days for a Dispute of a substantially similar nature, you or your counsel must include with your Notice a list of all such individuals your counsel represents. We will provide notice to the email address associated with your Shameless Care account. It is your responsibility to ensure that your email and mailing address on file are correct and remain up to date.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple Users in similar Disputes, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process.

If you and we are unable to resolve a Dispute within thirty (30) days after the applicable Informal Dispute Resolution Conference, either party may commence arbitration. 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.

Before you commence an arbitration under this Arbitration Terms of Service, you must provide us with a written request for arbitration (the “Request”) that includes: (1) your name; (2) residence address; (3) username (if applicable) and email address associated with your User account (if applicable); (4) a detailed description of the Dispute, including the relief you seek; and (5) a statement certifying completion of the Informal Dispute Resolution Conference, as described above. Before we commence arbitration of a Dispute against you, we will provide a written Request to you with a detailed description of the Dispute and the relief we seek and certification of completion of the Informal Dispute Resolution Conference. Any Request you send to us should be mailed to Shameless Care, LLC, 2400 E Main St., Ste. 103-207, St. Charles, IL 60174, United States., ATTN: Dispute Notice. We will provide the Request to your email address on file.

Payment of all filing, administration, and arbitrator fees will be governed by the applicable NAM fee schedules (the “Fee Schedules”) in place at the time the arbitration demand is filed. To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that the party who commenced arbitration did not bring its claim(s) consistent with the standards set forth in Federal Rule of Civil Procedure 11(b), the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party who filed the arbitration demand reimburse the responding party for all arbitration fees and costs it incurred under the Fee Schedules. Specifically, the arbitrator shall order such sanctions if the arbitrator finds: (1) the claim(s) were presented for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claim(s), defense(s), and/or other legal contentions were not warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (3) the factual and damages contentions did not have evidentiary support and were not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. 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.

The arbitration will be conducted in either Chicago, Illinois, or the county where you reside, unless (a) the parties agree otherwise in writing or (b) the batch arbitration provision below is triggered (in which case, the batches will proceed in locations to be 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. These Terms of Service evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the parties expressly intend that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Terms of Service, including the procedures governing Batch Arbitration (as defined below), and any arbitration.

Any arbitration proceeding initiated under this Arbitration Terms of Service will be administered under the NAM Rules and Procedures, as defined above. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of this Arbitration Terms of Service, including the enforceability, revocability, scope, or validity of the Arbitration Terms of Service or any portion thereof, except to the extent the applicable law precludes enforcement of this Arbitration Terms of Service as to any particular claim or request for relief, as further described below, in which case the validity and enforceability of this Arbitration Terms of Service as to that claim or request for relief shall be decided by a court of competent jurisdiction in Chicago, Illinois.

For more information on NAM, its Rules and Procedures, and how to file an arbitration claim, you may call NAM at 800-358-2550 or visit the NAM website at https://www.namadr.com.

Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; and/or (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; then you and the applicable Shameless Care Party agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in Chicago, Illinois, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either you or we may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.

YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Terms of Service, except as specified otherwise herein. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

YOU AND WE AGREE THAT, EXCEPT AS SPECIFIED HEREIN, 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. NO ARBITRATION OR CLAIMS SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION OR CLAIMS EXCEPT AS EXPLICITLY SPECIFIED HEREIN. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY 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). If a final decision, not subject to any further appeal or recourse, determines that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in Chicago, Illinois, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in Chicago, Illinois for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph. This subsection does not prevent you or us from participating in a class-wide settlement of claims.

To increase the efficiency of administration and resolution of arbitrations, you and we agree that in the event that there are twenty-five (25) or more individual arbitrations of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of one hundred (100) arbitrations per batch (or, if between twenty-five (25) and ninety-nine (99) individual arbitrations are filed, a single batch of all those arbitrations, and, to the extent there are fewer than one hundred (100) arbitrations left over after the batching described above, a final batch consisting of the remaining arbitrations); (2) appoint one arbitrator for each batch, whom NAM will appoint without soliciting input or feedback from any party; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible.

All parties agree that arbitrations are of a “substantially similar nature” if they arise out of or relate to the same event(s), act(s), omission(s), practice(s) or factual scenario(s) and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by us.

You and we agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of arbitrations, as well as any steps to minimize the time and costs of arbitration, which may include, but are not limited to: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process. If this Batch Arbitration provision is found under the law to be invalid or unenforceable then, in that case only, the entire Arbitration Terms of Service shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Chicago, Illinois.

If you do not wish to be bound by this Arbitration Terms of Service, you can opt out of this Arbitration Terms of Service within thirty (30) days after first becoming subject to this Arbitration Terms of Service. To opt out, you must send: (1) your name; (2) residence address; (3) email address; and (4) a clear statement that you want to opt out of the Arbitration Terms of Service to: Shameless Care, LLC, 2400 E Main St., Ste. 103-207, St. Charles, IL 60174, United States., ATTN: Arbitration Opt-Out (the “Opt-Out Notice”). You must sign the Opt-Out Notice for it to be effective. Any Opt-Out Notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or our rights. Opting out of this Arbitration Terms of Service has no effect on any previous or other arbitration Terms of Services that you currently have, or may enter in the future, with us or any other Shameless Care Parties. If you opt out of this Arbitration Terms of Service, all other parts of these Terms of Service will continue to apply to you.

Notwithstanding anything to the contrary in these Terms of Service, if we make any future material modification to any provisions of these Terms of Service that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Request to the other in accordance with this Arbitration Terms of Service. Continued use of our Services following the effective date of such material change will constitute acceptance of those changes. Changes to this Arbitration Terms of Service do not provide you with a new opportunity to opt out of the Arbitration Terms of Service if you have previously agreed to a version of these Terms of Service containing an Arbitration Terms of Service and did not validly opt out of arbitration. If you are bound by an existing Terms of Service to arbitrate Disputes and you reject any change or update to this Arbitration Terms of Service, the provisions of this Arbitration Terms of Service as of the date you first accepted the Terms of Service (or accepted any subsequent changes to these Terms of Service) remain in full force and effect. We will continue to honor any valid opt outs of the Arbitration Terms of Service that you made to a prior version of these Terms of Service.

Governing Law; Venue; Severability of Provisions

Our Services are controlled and operated by Shameless Care from our offices within Illinois. Those who choose to access our Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to our Services from jurisdictions where the contents of our Services are illegal or penalized is prohibited.

The validity, interpretation, construction and performance of these Terms of Service will be governed by the laws of the State of Illinois, without regard to any conflicts of law provisions.

All parts of these Terms of Service apply to the maximum extent permitted by law. Our failure to enforce any provision of these Terms of Service will not constitute a waiver of such right. We both agree that if we cannot enforce a part of these Terms of Service 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. Except as otherwise provided in these Terms of Service, the invalidity of part of these Terms of Service will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

No Agency Relationship

Neither these Terms of Service, nor any Content, materials or features of our Services create any partnership, joint venture, employment, or other agency relationship between you and Shameless Care, the Medical Groups, the Providers, the Labs or the Pharmacies. You may not enter into any contract on our behalf or bind us in any way.

Assignment

You may not assign any of your rights under these Terms of Service, and any such attempt will be null and void. Shameless Care may, in its sole discretion, assign or transfer, without further consent or notification, these Terms of Service or any or all of the contractual rights and obligations pursuant to these Terms of Service, in whole or in part, to any affiliate of Shameless Care or to a third party in the event that some or all of the business of Shameless Care is transferred to such other third party by way of merger, sale of its assets or otherwise.

Third Party Beneficiaries

Any use of third-party software provided in connection with our Services, or any Third-Party Goods and Services accessed or used in connection with our Services, will be governed by the applicable third party’s license or terms of use, if any, and if there is no such license or terms of use, by these Terms of Service. In addition to these Terms of Service, your use of our Services must comply with all applicable third party terms of Terms of Service, if any.

Except for the foregoing or as otherwise specifically set forth in these Terms of Service, including with respect to the indemnification obligations contained herein in favor of Shameless Care, the Medical Groups, the Pharmacies, the Labs, and the Providers and the Terms of Service to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, and, except as specifically set forth in these Terms of Service, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under these Terms of Service.

Contacting Us

In order to resolve a complaint regarding our Services or to receive further information regarding use of our Services, please contact us at:

Shameless Health LLC
2400 E Main St.
Ste. 103-207
St. Charles, IL 60174
United States
Phone: (+1)773-410-7884
customerservice@shamelesscare.com

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