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“My mind feels clearer. My skin isn't grey anymore. I wish someone had told me about this sooner.”

Janet R., 66 years | Verified Buyer
ClarityMD

Terms of Sale

CLARITYMD TERMS OF USE AND CONDITIONS OF SALE

 

Website: https://claritymd.co and any affiliated checkout pages, funnels, landing pages, subdomains, mobile experiences, applications, or related services operated by or on behalf of ClarityMD.


IMPORTANT NOTICE

PLEASE READ THESE TERMS OF USE AND CONDITIONS OF SALE CAREFULLY BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE.

THESE TERMS CONTAIN IMPORTANT LEGAL PROVISIONS, INCLUDING DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AUTOMATIC RENEWAL AND SUBSCRIPTION BILLING TERMS, A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A MASS ACTION WAIVER, AND A JURY TRIAL WAIVER. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS.

BY ACCESSING OR USING THE WEBSITE, CREATING AN ACCOUNT, CLICKING A BUTTON OR CHECKBOX INDICATING ACCEPTANCE, ENROLLING IN A SUBSCRIPTION, OR PURCHASING ANY PRODUCT, YOU AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE OR PURCHASE PRODUCTS FROM CLARITYMD.


TABLE OF CONTENTS

  1. Acceptance of Terms

  2. Electronic Assent; Clickwrap Consent

  3. Changes to These Terms

  4. Privacy Policy; Cookies; Tracking Technologies

  5. Website Use and Access

  6. Account Security

  7. Prohibited Uses

  8. Products Sold for Personal Use Only

  9. Product Information; FDA Disclaimer; No Medical Advice

  10. Product Use; Safety; Assumption of Risk

  11. Product Availability; Errors; Inaccuracies

  12. Orders as Offers; Order Acceptance

  13. Pricing; Taxes; Promotions

  14. Payment Authorization

  15. Merchant Descriptor Disclosure

  16. Subscriptions; Automatic Renewal; Recurring Billing

  17. Refunds; Returns; Cancellations

  18. Chargebacks; Billing Disputes; Self-Help Remedies

  19. Fraud Screening; Identity Verification; Suspicious Activity

  20. Shipping; Title; Risk of Loss

  21. Delivery Confirmation

  22. Force Majeure

  23. Third-Party Websites; Services; Tools

  24. SMS / Mobile Messaging Program

  25. Email Marketing; Electronic Communications

  26. Social Media

  27. User Content; Reviews; Testimonials; Submissions

  28. Intellectual Property

  29. Digital Millennium Copyright Act Notice

  30. Disclaimer of Warranties

  31. Limitation of Liability

  32. Indemnification

  33. Limitation on Time to File Claims

  34. Dispute Resolution; Mandatory Binding Arbitration

  35. Class Action Waiver

  36. Mass Action Waiver; Batching Procedure

  37. Jury Trial Waiver

  38. Opt-Out Right

  39. Claim-Specific Severability

  40. Governing Law

  41. Notices

  42. Assignment

  43. No Waiver

  44. Severability

  45. Termination

  46. Entire Agreement

  47. Contact Information


1. ACCEPTANCE OF TERMS

These Terms of Use and Conditions of Sale, together with any policies incorporated by reference, including our Privacy Policy, Shipping Policy, Refund Policy, and any subscription terms disclosed at checkout, form a legally binding agreement between you and  ClarityMD (“ClarityMD,” “Company,” “we,” “us,” or “our”).

These Terms govern your access to and use of the Website and your purchase or use of any products, subscriptions, services, content, tools, or features offered through the Website.

By accessing the Website, placing an order, enrolling in a subscription, or otherwise interacting with our Website, you represent and warrant that:

  1. You are at least eighteen (18) years old or the age of majority in your jurisdiction, whichever is greater;

  2. You have the legal capacity and authority to enter into this Agreement;

  3. All information you provide to us is accurate, current, and complete;

  4. You are purchasing products for personal or household use only and not for resale, redistribution, export, or commercial use; and

  5. You agree to be bound by these Terms.


2. ELECTRONIC ASSENT; CLICKWRAP CONSENT

Where presented, you may be required to take an affirmative action, such as checking an unchecked box, clicking a clearly labeled button, or otherwise affirmatively acknowledging your agreement to these Terms, subscription terms, refund terms, privacy terms, or related checkout disclosures before completing a purchase or subscription enrollment.

Your affirmative action constitutes your legally binding electronic signature and consent under applicable electronic signature laws, including the Electronic Signatures in Global and National Commerce Act and similar state laws.

You agree that electronic records, electronic signatures, checkbox consent, checkout acknowledgments, and electronic communications have the same legal effect as written and signed documents.

You should print or save a copy of these Terms for your records.


3. CHANGES TO THESE TERMS

We may update, modify, or replace these Terms at any time in our sole discretion. The most current version will be posted on the Website.

If changes are material, we may provide notice by email, account notice, website banner, or other reasonable means. Your continued access to or use of the Website after changes become effective constitutes your acceptance of the revised Terms.

Changes will not retroactively alter the specific subscription billing terms you agreed to at the time of enrollment unless permitted by applicable law and disclosed to you as required.


4. PRIVACY POLICY; COOKIES; TRACKING TECHNOLOGIES

Our Privacy Policy is incorporated into these Terms by reference and forms part of this Agreement. You may view our Privacy Policy at:

https://claritymd.co/pages/privacy-policy

Our Website may use cookies, pixels, analytics tools, advertising tags, session replay tools, tracking technologies, and similar technologies operated by us or third parties to improve the Website, process transactions, personalize content, support advertising, measure performance, prevent fraud, and communicate with customers.

Information collected through these technologies may be shared with service providers, analytics providers, advertising partners, payment processors, fraud prevention providers, and other third parties as described in our Privacy Policy.


5. WEBSITE USE AND ACCESS

We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Website solely for lawful, personal, non-commercial purposes.

We reserve the right to modify, suspend, restrict, or discontinue any part of the Website at any time without notice. We may refuse service, terminate access, cancel accounts, or cancel orders at our sole discretion, including where we suspect fraud, abuse, resale, payment risk, chargeback abuse, policy violations, or unlawful conduct.

We are not liable if any part of the Website becomes unavailable, interrupted, delayed, inaccurate, or insecure.


6. ACCOUNT SECURITY

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account.

You agree to provide accurate and current account information and promptly update your information when it changes.

You must notify us immediately at support@claritymd.co if you suspect unauthorized access to your account, payment method, or personal information.

We may disable, suspend, or terminate accounts at our discretion if we believe the account has been compromised, used fraudulently, used for resale, or used in violation of these Terms.


7. PROHIBITED USES

You agree not to use the Website, our products, or our services to:

  1. Violate any law, regulation, rule, ordinance, or third-party right;

  2. Commit fraud, payment abuse, chargeback abuse, or deceptive conduct;

  3. Provide false, inaccurate, misleading, or incomplete information;

  4. Scrape, crawl, spider, copy, harvest, or use automated means to access the Website;

  5. Interfere with, disrupt, damage, or compromise the Website or its security;

  6. Upload or transmit viruses, malware, malicious code, or harmful content;

  7. Impersonate another person or entity;

  8. Collect or track personal information of others;

  9. Harass, abuse, defame, threaten, intimidate, or discriminate against any person;

  10. Infringe intellectual property, privacy, publicity, or contractual rights;

  11. Resell, redistribute, export, or commercially exploit products purchased from us; or

  12. Engage in any conduct that, in our judgment, harms or could harm ClarityMD, our customers, our Website, our service providers, our payment processors, or our business.

We reserve the right to investigate and pursue violations to the fullest extent permitted by law.


8. PRODUCTS SOLD FOR PERSONAL USE ONLY

Products sold by ClarityMD are intended for personal or household use only. You agree not to resell, redistribute, export, modify, repackage, relabel, or commercially exploit any product purchased from us.

Unauthorized resale may cause products to become materially different from products sold through authorized channels, including differences in product handling, storage, freshness, labeling, safety, warranties, refunds, and customer support.

We reserve the right to limit, reject, or cancel orders that appear to be placed by resellers, dealers, distributors, exporters, bots, suspicious accounts, or unauthorized commercial purchasers.


9. PRODUCT INFORMATION; FDA DISCLAIMER; NO MEDICAL ADVICE

Statements made on the Website or regarding our products have not been evaluated by the United States Food and Drug Administration.

Our products are not intended to diagnose, treat, cure, or prevent any disease.

All information provided on or through the Website, including product descriptions, educational materials, blog posts, testimonials, reviews, videos, images, advertisements, emails, and other content, is provided for general informational and educational purposes only and does not constitute medical advice, professional advice, diagnosis, treatment, or a substitute for advice from a qualified healthcare provider.

You should consult your physician or qualified healthcare provider before using any supplement or health-related product, especially if you are pregnant, nursing, under 18, taking medication, have a medical condition, have allergies, or are under medical supervision.

Individual results vary. ClarityMD does not guarantee that you will achieve any particular health, wellness, vision, cognitive, joint, skin, energy, or other result.

Any reliance you place on information presented on or through the Website is strictly at your own risk.


10. PRODUCT USE; SAFETY; ASSUMPTION OF RISK

You agree to read and follow all instructions, warnings, labels, suggested use directions, and product materials provided with or on any product.

ClarityMD is not responsible for injuries, damages, losses, adverse reactions, misuse, overuse, allergic reactions, interactions, or other outcomes resulting from your failure to follow product instructions, your use of products contrary to labeling, your use of products without medical guidance where appropriate, or your reliance on Website content instead of professional medical advice.

By purchasing or using any product, you acknowledge and assume the risks associated with use of dietary supplements and health-related products.


11. PRODUCT AVAILABILITY; ERRORS; INACCURACIES

We make every effort to display product information accurately, including descriptions, images, pricing, promotions, shipping charges, transit times, and availability. However, errors, inaccuracies, typographical mistakes, omissions, or outdated information may occur.

We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice, including after an order has been submitted.

We may change product descriptions, pricing, promotions, formulations, packaging, offers, availability, shipping terms, or Website content at any time.

We reserve the right to cancel orders affected by pricing errors, availability issues, suspected fraud, abuse, or technical problems.

Product images are for illustration purposes only. We do not guarantee that your device display will accurately show product colors, packaging, labels, or appearance.


12. ORDERS AS OFFERS; ORDER ACCEPTANCE

Your submission of an order constitutes an offer to purchase the products or services listed in your order. Your receipt of an electronic order confirmation does not constitute our acceptance of your order.

All orders are subject to acceptance by ClarityMD. We reserve the right to accept, decline, cancel, delay, or require additional information for any order at our sole discretion.

We may refuse or cancel orders for any reason, including suspected fraud, payment risk, pricing error, product unavailability, unusual order volume, resale activity, chargeback history, compliance concerns, incorrect information, or violation of these Terms.

If we cancel an order after payment has been received, we will issue a refund to the original payment method, unless otherwise permitted by law.


13. PRICING; TAXES; PROMOTIONS

All prices are listed in U.S. Dollars unless otherwise stated.

Prices, discounts, bundles, subscription pricing, promotions, shipping fees, taxes, and offers are subject to change without notice.

Posted prices may not include taxes, shipping, handling, import charges, customs duties, or other fees unless expressly stated.

Promotions may be subject to additional terms. If there is a conflict between these Terms and the terms of a specific promotion, the promotion terms will govern only for that promotion.

Any offer made on the Website is void where prohibited.


14. PAYMENT AUTHORIZATION

By providing a payment method, you represent and warrant that:

  1. You are authorized to use the payment method;

  2. The payment information you provide is accurate, current, and complete;

  3. You authorize ClarityMD and our payment processors to charge your payment method for purchases, subscription renewals, shipping, handling, taxes, and any other disclosed charges;

  4. You are responsible for any fees charged by your bank, card issuer, or payment provider; and

  5. Sufficient funds or credit are available to pay all charges.

If payment is declined, reversed, disputed, blocked, or otherwise not completed, we may suspend or cancel the order, delay shipment, cancel a subscription, retry payment where authorized, seek updated payment information, invoice you directly, or pursue other lawful remedies.

Payments may be processed by third-party payment processors. We are not responsible for delays, outages, errors, declines, holds, processing issues, payment processor actions, or other acts or omissions of third-party payment providers.


15. MERCHANT DESCRIPTOR DISCLOSURE

Charges for purchases from ClarityMD may appear on your bank, card, or payment statement under a merchant descriptor associated with ClarityMD, our payment processor, our checkout provider, or a related billing descriptor.

You agree to review your order confirmation and billing statement carefully and contact us at support@claritymd.co with any billing questions before initiating a chargeback or payment dispute.


16. SUBSCRIPTIONS; AUTOMATIC RENEWAL; RECURRING BILLING

16.1 Subscription Enrollment

The Website may offer subscription purchase options that provide automatic recurring shipments of products at the frequency selected or disclosed at checkout.

If you enroll in a subscription, you agree that your subscription includes recurring payment obligations and that ClarityMD is authorized to automatically charge your payment method at the selected billing interval until you cancel in accordance with these Terms.

Your subscription will continue and automatically renew unless and until you cancel.

16.2 Clear and Conspicuous Disclosure; Affirmative Consent

Before you complete enrollment in a subscription, we will present recurring billing terms in a clear and conspicuous manner prior to completion of your purchase. These terms may include:

  1. That your subscription will automatically renew and you will be charged on a recurring basis unless you cancel;

  2. The billing frequency or renewal interval;

  3. The amount you will be charged per renewal period, or how the amount will be calculated;

  4. Any trial, discount, promotional, or introductory pricing terms, if applicable;

  5. The cancellation policy and available cancellation methods;

  6. A link or instructions for online cancellation where available; and

  7. Our customer support contact information.

Where required, you will be required to take an affirmative action, such as checking an unchecked box or clicking a clearly labeled button, acknowledging your consent to the recurring billing terms before your purchase is completed.

We do not intend to use pre-checked boxes or default consent mechanisms to obtain subscription authorization where prohibited by law.

16.3 Automatic Renewal Terms

UNLESS YOU CANCEL IN ACCORDANCE WITH THESE TERMS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE THEN-CURRENT SUBSCRIPTION RATE AND AT THE BILLING INTERVAL DISCLOSED AT CHECKOUT OR IN YOUR ORDER CONFIRMATION.

If the price of your subscription changes, we will provide advance notice as required by applicable law.

16.4 Post-Enrollment Confirmation

After you enroll in a subscription, we will send an order confirmation or subscription confirmation to the email address you provided.

The confirmation may include a summary of the subscription terms, billing amount, billing frequency, renewal terms, cancellation methods, and customer support information.

You are responsible for keeping your email address current and reviewing confirmations and reminders sent to you.

16.5 How to Cancel

You may cancel your subscription at any time through any cancellation method we make available, which may include:

  1. Logging into your customer account and following the cancellation instructions;

  2. Using a subscription management portal linked at checkout, in your account, or in subscription emails;

  3. Emailing support@claritymd.co; or

  4. Contacting customer support using the contact methods listed on the Website.

To avoid being charged for the next billing cycle, cancellation must be completed at least two (2) business days before your next scheduled billing date, unless a shorter period is required by applicable law or expressly disclosed at checkout.

Cancellation requests received after a charge has already been processed may apply to the following subscription period.

We will not require you to call a live representative to cancel where applicable law requires an online cancellation method.

16.6 Effect of Cancellation

After cancellation is confirmed, no future recurring charges will be processed and no additional subscription shipments will be sent, except for any orders already processed, shipped, or in fulfillment before cancellation was completed.

Cancellation of a subscription does not automatically refund past charges or orders already processed. Refund eligibility is governed by our Refund Policy and these Terms.

16.7 Failed Payments; Retry Authorization; Reaffirmation

If a recurring charge fails, is declined, or cannot be processed, you authorize us and our payment processors to retry the charge, contact you for updated payment information, suspend or delay shipments, cancel your subscription, or seek payment through another lawful method.

Your continued enrollment in a subscription constitutes reaffirmation of your authorization for recurring charges.

Unpaid balances may be referred for collection where permitted by law.

16.8 Account Updater Disclosure

We and our payment processors may use automatic account updater services that receive updated payment card information from your card issuer, such as updated card numbers or expiration dates.

If updated payment information is provided, you authorize us to update your stored payment method and charge the updated payment method for amounts due, including subscription renewals.

If you do not wish to have your payment information updated through this service, you should contact your card issuer, remove your stored payment method, or cancel your subscription.

16.9 California Automatic Renewal Law Disclosure

If you are a California resident, the following additional disclosures apply to the extent required by California law:

  1. Your subscription will automatically renew and continue until cancelled;

  2. You will be charged at the billing frequency and amount disclosed at checkout unless you cancel before the next renewal date;

  3. You may cancel at any time using the online cancellation method made available to you or by contacting support@claritymd.co;

  4. We will provide subscription terms in a clear and conspicuous manner before enrollment;

  5. We will obtain affirmative consent to the automatic renewal terms before charging you on a recurring basis;

  6. We will provide an acknowledgment that includes the automatic renewal terms, cancellation policy, and information about how to cancel; and

  7. If we materially change the automatic renewal terms, we will provide notice as required by applicable law.

16.10 No Waiver of Consumer Rights

Nothing in this Section is intended to limit any non-waivable consumer rights you may have under applicable automatic renewal, negative option, subscription, or consumer protection laws.


17. REFUNDS; RETURNS; CANCELLATIONS

ClarityMD wants customers to be satisfied with their experience. Refunds, returns, exchanges, and cancellations are governed by our Refund Policy, any terms disclosed at checkout, and these Terms.

Please review our Refund Policy at:

https://claritymd.co/pages/refund-policy

Unless otherwise stated in the Refund Policy or required by law:

  1. Refunds are processed to the original payment method;

  2. Shipping and handling fees may be non-refundable;

  3. Return shipping costs may be the customer’s responsibility;

  4. Refunds may take five (5) to ten (10) business days to process after approval, plus additional bank posting time;

  5. All sales are final after ninety (90) days from order fulfillment;

  6. Products that are opened, used, damaged, returned late, returned without authorization, or returned in a non-resalable condition may be ineligible for refund; and

  7. Abuse of refund, return, or guarantee policies may result in refusal of future service.

If you receive an incorrect, damaged, defective, or missing item, you must contact us promptly at support@claritymd.co with your order number and supporting information.


18. CHARGEBACKS; BILLING DISPUTES; SELF-HELP REMEDIES

You agree to contact ClarityMD at support@claritymd.co before initiating a chargeback, payment dispute, or claim of unauthorized billing so we can attempt to resolve the issue.

Nothing in these Terms limits any non-waivable rights you have under applicable payment network rules or consumer protection laws.

To the fullest extent permitted by law, we reserve the right to exercise lawful self-help remedies, including:

  1. Responding to chargebacks and payment disputes;

  2. Providing order confirmations, IP addresses, checkout consent records, subscription terms, tracking information, delivery confirmation, customer communications, refund history, and related evidence to payment processors, banks, card networks, fraud prevention providers, or dispute resolution bodies;

  3. Suspending, cancelling, or refusing future orders or subscriptions;

  4. Offsetting amounts owed where permitted by law;

  5. Seeking payment by another lawful method;

  6. Referring unpaid balances to collections where permitted by law; and

  7. Taking action against fraudulent, abusive, or bad-faith payment disputes.

Carrier delivery confirmation, order records, checkout consent records, and subscription confirmation records may be used as evidence in resolving billing disputes, chargebacks, and claims.


19. FRAUD SCREENING; IDENTITY VERIFICATION; SUSPICIOUS ACTIVITY

We may use fraud prevention tools, risk scoring, payment verification, address verification, velocity checks, manual review, identity verification, and other methods to assess order risk.

We reserve the right to delay, cancel, refund, restrict, or refuse any order or subscription that appears suspicious, fraudulent, abusive, unauthorized, high-risk, or inconsistent with these Terms.

We may request additional information before processing an order. Failure to provide requested information may result in cancellation.


20. SHIPPING; TITLE; RISK OF LOSS

ClarityMD ships to addresses in the United States and may ship internationally where available.

Orders generally ship within five (5) to fourteen (14) business days, though shipping and delivery times are estimates only and are not guaranteed.

Please review our Shipping Policy at:

https://claritymd.co/pages/shipping-policy

You are responsible for providing an accurate shipping address, phone number, and contact information. We are not responsible for delayed, lost, misdelivered, or returned shipments caused by incorrect, incomplete, outdated, inaccessible, or undeliverable address information provided by you.

Unless otherwise required by law, title and risk of loss transfer to you when the product is delivered to the carrier for shipment.

International customers are responsible for any customs duties, import taxes, brokerage fees, or other charges imposed by destination countries.


21. DELIVERY CONFIRMATION

Because many events may occur at or near your delivery address that are outside our control, carrier delivery confirmation shall be deemed conclusive proof of delivery to the address provided by you, even without a signature.

You agree that delivery confirmation, tracking history, carrier scans, and related shipping records constitute sufficient evidence of delivery for purposes of resolving disputes, including chargebacks, claims of non-delivery, refund requests, and replacement requests.

Replacement products, credits, or refunds for items claimed as not received may be subject to investigation and are provided at our discretion unless otherwise required by law.


22. FORCE MAJEURE

ClarityMD shall not be liable or responsible for any delay, failure, interruption, or inability to perform any obligation under these Terms if such delay or failure is caused by events beyond our reasonable control, including acts of God, natural disasters, fire, flood, earthquake, severe weather, pandemic, epidemic, public health emergency, labor disputes, strikes, lockouts, supply chain disruptions, warehouse delays, manufacturer delays, ingredient shortages, carrier delays, customs delays, governmental actions, war, terrorism, civil unrest, national emergency, internet service failures, telecommunications failures, power outages, cyberattacks, payment processor outages, payment network issues, banking issues, or other events beyond our reasonable control.

Performance shall be excused for the duration of the force majeure event.


23. THIRD-PARTY WEBSITES; SERVICES; TOOLS

The Website may include links to third-party websites, tools, applications, checkout providers, payment processors, shipping providers, subscription portals, social media platforms, analytics services, or other third-party services.

We do not control and are not responsible for third-party websites, services, content, practices, errors, availability, policies, or security.

Your use of third-party services may be governed by those third parties’ own terms and privacy policies.


24. SMS / MOBILE MESSAGING PROGRAM

ClarityMD may offer SMS, MMS, or mobile messaging programs for marketing, transactional, shipping, customer support, abandoned checkout, subscription, reminder, or promotional communications.

By opting into any mobile messaging program, you expressly consent to receive recurring autodialed, automated, or prerecorded marketing and transactional text messages from or on behalf of ClarityMD at the mobile number you provided.

Consent to receive marketing text messages is not a condition of purchase.

Message frequency varies. Message and data rates may apply.

You may opt out at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message. You may receive a confirmation message after opting out.

For help, reply HELP or contact support@claritymd.co.

Carriers are not liable for delayed or undelivered messages.

You may not participate in the mobile messaging program if you are under thirteen (13) years old. If you are between thirteen (13) and eighteen (18), you must have parental or guardian consent.

To the extent applicable, ClarityMD endeavors to comply with federal and state telemarketing, SMS, and do-not-call laws. If you are a Florida resident, messages sent in direct response to your request, including opt-in confirmations, shipping notifications, help requests, stop requests, and transactional messages, are not intended to constitute telephonic sales calls under Florida law. If you are not a Florida resident, you agree not to assert claims under Florida-specific telemarketing laws to the extent permitted by law.


25. EMAIL MARKETING; ELECTRONIC COMMUNICATIONS

By using the Website, creating an account, placing an order, or enrolling in a subscription, you consent to receive electronic communications from us, including order confirmations, shipping notifications, subscription notices, customer service communications, account notices, refund communications, legal notices, and marketing communications where you have opted in or where otherwise permitted by law.

You may opt out of marketing emails by using the unsubscribe link provided in such emails. Transactional and service-related emails may still be sent where necessary to process orders, subscriptions, account activity, legal notices, or customer support.

Electronic communications satisfy any legal requirement that communications be in writing.


26. SOCIAL MEDIA

This Section applies to anyone who interacts with our social media presence, including pages, accounts, posts, advertisements, comments, feeds, videos, or content on Facebook, Instagram, TikTok, YouTube, X/Twitter, Pinterest, LinkedIn, or other platforms.

Social media platforms are operated by third parties and are not controlled by ClarityMD. They have their own terms, policies, and privacy practices.

User comments and opinions are those of the users and do not necessarily reflect the views of ClarityMD.

We reserve the right, but have no obligation, to monitor, moderate, hide, delete, report, or block content or users that we believe are unlawful, abusive, defamatory, misleading, spam, fraudulent, infringing, offensive, threatening, or otherwise inappropriate.


27. USER CONTENT; REVIEWS; TESTIMONIALS; SUBMISSIONS

If you submit, upload, post, email, tag, share, or otherwise provide reviews, testimonials, photographs, videos, comments, feedback, ideas, suggestions, questions, social media posts, or other content related to ClarityMD or our products (“User Content”), you grant ClarityMD a perpetual, worldwide, royalty-free, transferable, sublicensable, irrevocable license to use, reproduce, modify, edit, adapt, publish, translate, distribute, display, perform, create derivative works from, and otherwise exploit such User Content in any media for business, marketing, advertising, promotional, educational, or commercial purposes.

You represent and warrant that:

  1. You own or control all rights in the User Content;

  2. Your User Content is truthful and not misleading;

  3. Your User Content does not infringe the rights of any third party;

  4. Your User Content does not violate any law or regulation;

  5. You have disclosed any compensation, incentive, discount, or material connection relating to your User Content where required; and

  6. You consent to our use of your name, likeness, image, voice, social handle, review, testimonial, and submitted content.

Testimonials and reviews represent individual experiences and do not guarantee that others will achieve the same results. Results vary.

We may remove or refuse to post User Content at our discretion.

We may cooperate with law enforcement authorities, court orders, subpoenas, or governmental requests relating to User Content or Website use.


28. INTELLECTUAL PROPERTY

All Website content, including text, graphics, designs, images, videos, logos, icons, software, code, interfaces, layouts, compilations, trademarks, service marks, trade dress, product names, advertisements, copy, and other materials are owned by or licensed to ClarityMD and are protected by copyright, trademark, trade dress, and other intellectual property laws.

You may access and view Website content for personal, non-commercial use only.

You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, scrape, mirror, sell, lease, license, exploit, or commercially use any Website content without our prior written consent.

No ownership rights are transferred to you by accessing the Website or purchasing products.


29. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

If you believe content on the Website infringes your copyright, please send a notice to:

ClarityMD
Attn: DMCA/Copyright Agent
3140 W Main Street
Riverton, WY 82501
Email: support@claritymd.co
Tel: +1 (985) 466-7745

Your notice should include:

  1. A description of the copyrighted work claimed to be infringed;

  2. A description of the allegedly infringing material and information sufficient to locate it;

  3. Your contact information;

  4. A statement that you have a good-faith belief that the use is not authorized;

  5. A statement, under penalty of perjury, that the information in your notice is accurate and you are authorized to act; and

  6. Your physical or electronic signature.

Failure to include required information may delay processing.


30. DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, THE WEBSITE, PRODUCTS, SERVICES, CONTENT, INFORMATION, AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLARITYMD DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, RELIABILITY, COMPLETENESS, AVAILABILITY, DURABILITY, SAFETY, EXPECTED RESULTS, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT:

  1. THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR AVAILABLE;

  2. DEFECTS WILL BE CORRECTED;

  3. THE WEBSITE OR SERVERS ARE FREE OF VIRUSES OR HARMFUL COMPONENTS;

  4. PRODUCTS WILL MEET YOUR EXPECTATIONS;

  5. INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE;

  6. YOU WILL ACHIEVE ANY PARTICULAR RESULT FROM USING OUR PRODUCTS.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME DISCLAIMERS MAY NOT APPLY TO YOU.


31. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CLARITYMD, OR ANY OF OUR OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, PROCESSORS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, OR ENHANCED DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COST OF SUBSTITUTE PRODUCTS, PERSONAL INJURY CLAIMS TO THE EXTENT DISCLAIMABLE BY LAW, OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, PRODUCTS, SERVICES, SUBSCRIPTIONS, ADVERTISING, MARKETING PRACTICES, OR YOUR USE OR INABILITY TO USE THE WEBSITE OR PRODUCTS.

THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE, EVEN IF CLARITYMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLARITYMD’S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF:

  1. THE TOTAL AMOUNT YOU PAID TO CLARITYMD DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

  2. ONE HUNDRED U.S. DOLLARS (US $100.00).

THIS AMOUNT SHALL CONSTITUTE YOUR SOLE AND EXCLUSIVE REMEDY.

You acknowledge that the pricing of our products reflects the allocation of risk set forth in this Section and that we would not enter into these Terms without these limitations.


32. INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless ClarityMD, and our affiliates, owners, officers, directors, employees, contractors, agents, licensors, service providers, suppliers, processors, successors, and assigns from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

  1. Your breach of these Terms;

  2. Your misuse of the Website or products;

  3. Your violation of any law or regulation;

  4. Your violation of any third-party right;

  5. Your User Content;

  6. Your fraudulent, abusive, or unauthorized conduct;

  7. Your resale, redistribution, export, or commercial use of products; or

  8. Your chargeback abuse, payment dispute abuse, or unpaid payment obligations.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.


33. LIMITATION ON TIME TO FILE CLAIMS

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM, DISPUTE, OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, ANY PRODUCT, ANY SUBSCRIPTION, ANY TRANSACTION, ANY ADVERTISING OR MARKETING PRACTICE, OR ANY RELATIONSHIP BETWEEN YOU AND CLARITYMD MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES.

IF NOT COMMENCED WITHIN THAT PERIOD, THE CLAIM IS PERMANENTLY BARRED.

This limitation applies to all claims whether based in contract, tort, statute, fraud, misrepresentation, consumer protection law, warranty, negligence, or any other legal theory, except to the extent prohibited by applicable law.


34. DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except as expressly provided below, you and ClarityMD agree to resolve all disputes exclusively through final and binding individual arbitration.

34.1 Agreement to Arbitrate

You and ClarityMD agree that any dispute, claim, controversy, or cause of action arising out of or relating to these Terms, the Website, any product, any subscription or automatic renewal, any transaction, any advertising or marketing practice, any alleged misrepresentation, any communication, any refund, any payment dispute, or any relationship between you and ClarityMD shall be resolved exclusively through binding, confidential arbitration on an individual basis.

The term “Dispute” shall be interpreted broadly.

34.2 Federal Arbitration Act

These Terms evidence a transaction in interstate commerce. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation, enforcement, and proceedings under this arbitration agreement.

The arbitrator shall have exclusive authority to determine threshold issues of arbitrability, including scope, validity, and enforceability, except where applicable law requires a court to decide a particular issue.

34.3 Mandatory Pre-Arbitration Notice and Informal Resolution

Before initiating arbitration, the party bringing a Dispute must send written Notice of Dispute by certified mail.

If you initiate the Dispute, notice must be sent to:

ClarityMD
Attn: Legal Department
3140 W Main Street
Riverton, WY 82501

The Notice of Dispute must include:

  1. Your full name;

  2. Mailing address;

  3. Email address associated with your account or order;

  4. Order number, if applicable;

  5. A detailed description of the nature and basis of the claim;

  6. The specific relief sought;

  7. A good-faith calculation of the amount in controversy; and

  8. Your signature.

The parties shall engage in good-faith efforts to resolve the Dispute informally for thirty (30) days after notice is received. Neither party may initiate arbitration before the expiration of this 30-day period.

The statute of limitations and arbitration filing deadlines shall be tolled during this informal resolution period.

34.4 Arbitration Procedure

Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules before a single neutral arbitrator.

If AAA is unavailable or declines administration, the parties shall mutually select another nationally recognized arbitration provider. If the parties cannot agree, a court of competent jurisdiction shall appoint the provider.

The arbitration may be conducted by telephone, videoconference, written submissions, or in person as determined by the arbitrator and applicable rules.

The arbitrator may award remedies available in an individual action under applicable substantive law, including compensatory damages, statutory damages, punitive damages, declaratory relief, injunctive relief, and attorneys’ fees where authorized by law or contract.

The arbitrator may not award relief on a class, collective, consolidated, mass, private attorney general, representative, or public basis except as required by applicable law.

34.5 Arbitration Costs

Payment of filing, administration, and arbitrator fees shall be governed by the AAA Consumer Arbitration Rules.

To the extent required by applicable rules or law, ClarityMD will bear arbitration fees in excess of the amount you would be required to pay to file a comparable action in court.

Each party shall bear its own attorneys’ fees unless otherwise provided by applicable law or contract.

34.6 Small Claims Exception

Either party may bring an individual action in small claims court if the claim qualifies and remains only in that court.

34.7 Equitable and Protective Relief

Notwithstanding the arbitration requirement, ClarityMD may seek temporary, preliminary, or permanent injunctive or equitable relief in state or federal courts for claims involving intellectual property, confidential information, unauthorized resale, fraud, misuse of the Website, violation of these Terms, payment abuse, or conduct that threatens irreparable harm.

You consent to the jurisdiction and venue of such courts for these limited purposes.

34.8 Public Injunctive Relief

To the extent applicable law prohibits waiver of a claim for public injunctive relief, such claim may be brought in a court of competent jurisdiction. All other claims seeking monetary, individualized, or non-public injunctive relief remain subject to binding arbitration.

34.9 Reservation of Self-Help Remedies

Nothing in this arbitration provision prevents ClarityMD from exercising lawful self-help remedies, including responding to chargebacks, pursuing collection efforts, suspending or terminating accounts, cancelling orders, offsetting amounts owed where permitted, or enforcing payment obligations.


35. CLASS ACTION WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND CLARITYMD AGREE THAT ALL DISPUTES SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.

YOU WAIVE ANY RIGHT TO:

  1. PARTICIPATE IN A CLASS ACTION;

  2. SERVE AS A CLASS REPRESENTATIVE;

  3. ACT AS A PRIVATE ATTORNEY GENERAL;

  4. PARTICIPATE IN A REPRESENTATIVE ACTION;

  5. JOIN OR CONSOLIDATE CLAIMS WITH OTHER PERSONS; OR

  6. SEEK RELIEF ON BEHALF OF ANYONE OTHER THAN YOURSELF.

The arbitrator has no authority to conduct class, collective, consolidated, representative, private attorney general, or mass proceedings.


36. MASS ACTION WAIVER; BATCHING PROCEDURE

No Dispute shall be brought as a “Mass Action.”

A “Mass Action” means twenty-five (25) or more similar arbitration demands or claims filed within one hundred eighty (180) days and coordinated by the same or affiliated counsel, organizations, claim aggregators, litigation funders, lead generators, or other coordinated groups.

Such claims shall not be consolidated, coordinated, administered collectively, or treated as a mass action without ClarityMD’s consent.

If Mass Action conditions are met, claims shall be grouped into batches of no more than two hundred (200) claimants, with only one batch proceeding at a time unless otherwise agreed. Each batch shall have a separate arbitrator unless otherwise agreed.

Statutes of limitation shall be tolled for claims not yet selected for batching while the batching process proceeds.

A neutral special master may be appointed to resolve procedural disputes regarding Mass Action administration where appropriate.


37. JURY TRIAL WAIVER

IF ANY DISPUTE PROCEEDS IN COURT, YOU AND CLARITYMD KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL TO THE FULLEST EXTENT PERMITTED BY LAW.


38. OPT-OUT RIGHT

You may opt out of the arbitration agreement, class action waiver, and mass action waiver within thirty (30) days of the date you first accept these Terms or make your first purchase, whichever is earlier.

To opt out, you must send written notice by certified mail to:

ClarityMD
Attn: Legal Department
3140 W Main Street
Riverton, WY 82501

Your opt-out notice must include:

  1. Your full name;

  2. Mailing address;

  3. Email address associated with your account or order;

  4. Order number, if applicable; and

  5. A clear statement that you wish to opt out of the arbitration agreement, class action waiver, and mass action waiver.

Opt-out notices sent by email or any method other than certified mail are not effective unless required by law.

Opting out does not affect any other provision of these Terms.


39. CLAIM-SPECIFIC SEVERABILITY

If any portion of the arbitration agreement is found unenforceable as to a specific claim or remedy, that claim or remedy shall proceed in court only to the extent required, while all other claims and remedies remain subject to arbitration.

If the class action waiver, mass action waiver, or representative action waiver is found unenforceable as to a particular claim, that claim must proceed in court and not in arbitration, unless otherwise required by law.


40. GOVERNING LAW

Except as otherwise provided in the arbitration section, these Terms and any dispute arising from or relating to these Terms, the Website, products, subscriptions, or transactions shall be governed by the laws of the State of Wyoming, without regard to conflict-of-law principles, to the extent not preempted by federal law.


41. NOTICES

We may provide notices to you by email, account notice, website posting, mail, or other reasonable methods.

Notices sent by email are effective when sent to the email address you provided. Notices posted on the Website are effective upon posting.

To provide legal notice to us, you must send notice by personal delivery, overnight courier, registered mail, or certified mail to:

ClarityMD
Attn: Legal Department
3140 W Main Street
Riverton, WY 82501

We may update our notice address by posting an updated address on the Website.


42. ASSIGNMENT

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent.

ClarityMD may assign, transfer, or delegate these Terms, in whole or in part, without your consent or notice, including in connection with a merger, acquisition, corporate reorganization, sale of assets, change of control, or by operation of law.


43. NO WAIVER

No waiver by ClarityMD of any term or condition shall be deemed a further or continuing waiver of that term or any other term.

Failure to enforce any provision does not constitute a waiver of our right to enforce that provision later.


44. SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed.

The remaining provisions shall remain in full force and effect.


45. TERMINATION

We may terminate or suspend your access to the Website, cancel orders, cancel subscriptions, or terminate this Agreement at any time, with or without notice, if we believe you have violated these Terms, engaged in fraudulent or abusive conduct, created risk for ClarityMD, or for any other lawful reason.

Upon termination, you remain liable for all amounts due up to and including the date of termination.

Sections concerning payment obligations, subscriptions, chargebacks, intellectual property, user content, disclaimers, limitations of liability, indemnification, dispute resolution, arbitration, class action waiver, mass action waiver, governing law, and any other provisions that by their nature should survive termination shall survive termination.


46. ENTIRE AGREEMENT

These Terms, together with any policies incorporated by reference, checkout disclosures, order confirmations, subscription disclosures, and posted policies, constitute the entire agreement between you and ClarityMD regarding the Website, products, subscriptions, and transactions.

They supersede all prior or contemporaneous agreements, communications, proposals, representations, or understandings, whether oral or written.

Any ambiguities shall not be construed against the drafting party.


47. CONTACT INFORMATION

Questions about these Terms, purchases, subscriptions, refunds, or customer support should be directed to:

ClarityMD
3140 W Main Street
Riverton, WY 82501
Email: support@claritymd.co