StackLab — Terms of Use

DO NOT USE THIS SITE IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY. In an emergency, you can: (i) call 9-1-1; (ii) go to the nearest emergency room; (iii) contact your local crisis center; (iv) if applicable, call or text the 988 Suicide & Crisis Lifeline (dial 988); or (v) if applicable, contact the Crisis Text Line (text “HOME” to 741-741).

StackLab Management LLC owns and operates withstacklab.com (the “Site” or “Website”). Your use of the Site, any part thereof, or anything associated therewith, including the services, features, content, and applications, together with the Site, are the StackLab Management LLC services (“Services”) offered by StackLab Management LLC (“StackLab”, “we”, “our” or “us”) and its affiliated medical groups and providers. Any products or services provided through the Site or any affiliated website, software, or application owned or operated by or in collaboration with StackLab are governed by these Terms of Use (“Terms” or “Terms of Use”). By accessing or using any of the Services, you agree to be bound by these Terms.

These Terms of Use are entered into by and between you and StackLab and govern your access to and use of https://www.withstacklab.com (the “Website”), including any content, functionality, and services offered on or through the Website.

Please read these Terms carefully. By using the Website, or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms, you cannot use the Website.

SECTION 22 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND WE ARE EACH GIVING UP RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

1. Privacy

Please review our Privacy Policy for information about how we collect and use your personal information. For patients of the affiliated medical practices through which clinical services are delivered, please review the applicable Notice of Privacy Practices for information on uses and disclosures of your Protected Health Information.

2. Changes to These Terms

We may revise and update these Terms from time to time in our sole discretion. Any changes to these Terms are effective upon posting to the Website, and your continued use after a change has been posted constitutes your acceptance of the changes unless applicable law requires us to provide additional notice or take other actions before such changes can become effective. We encourage you to review these Terms regularly to determine if any changes have been made.

3. Service Availability; State Coverage

Currently offering services in all 50 states plus Washington D.C. Some services may not be available in all 50 states or Washington D.C. Subject to change.

Availability of any particular Service, medication, or Provider depends on your state of residence at the time of your visit, applicable state law, and Provider licensure and clinical judgment. We may add or discontinue Services in any state at any time without notice. You are responsible for providing an accurate physical location and state of residence, and you must be physically located in a state where the applicable Service is offered at the time of your visit.

4. THE WEBSITE DOES NOT PROVIDE MEDICAL ADVICE

THE INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS CONSULT WITH YOUR HEALTHCARE PROVIDER REGARDING QUESTIONS YOU HAVE ABOUT ANY MEDICAL CONDITION BEFORE MAKING HEALTHCARE DECISIONS. “PROVIDER” MEANS AN INDEPENDENT LICENSED CLINICIAN OR PROFESSIONAL ENTITY THAT PROVIDES CLINICAL SERVICES TO YOU THROUGH OR IN CONNECTION WITH THE PLATFORM.

5. Relationship with Providers; Affiliated Medical Groups

StackLab is a technology and administrative services company. StackLab does not practice medicine, nursing, pharmacy, or any other licensed profession, and does not provide medical advice, diagnosis, or treatment. Clinical services offered through the Website are provided by independent, licensed Providers employed or contracted by affiliated professional entities, including the OpenLoop Health, Inc. affiliated medical groups (the “Medical Groups”). Providers are solely responsible for the clinical care they deliver and for their own professional judgment, including whether to prescribe any medication.

Your telehealth visit is subject to a separate informed consent to telehealth. By requesting a visit through the Website, you agree to the Telehealth Consent applicable to your visit, which is incorporated into these Terms by reference. Nothing on the Website guarantees that any Provider will prescribe any particular medication or that any particular treatment will be recommended or available to you. Fees paid are for the professional visit and related services and are not contingent on receiving a prescription.

6. Reliance on Information Posted

We do not warrant the accuracy, completeness, or usefulness of the information presented on the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

7. Communication Preferences; Electronic Notices and Signatures

By creating an account, you consent to receive electronic communications from StackLab (e.g., via email to the email address you provide, text message (SMS) to a mobile phone number you provide, or by posting notices to the Website). These communications may include operational notices about your account (e.g., password changes and other transactional information) and are part of your relationship with us. You may incur data, call-time or messaging charges from your communication providers in connection with communications from StackLab. We may also send you promotional communications via email or other means, including newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in such emails.

You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing, and you consent and agree that your use of your finger, a keypad, mouse, or other device to select an item, button, icon, or similar act while using the Website, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures, or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. You should maintain copies of electronic communications from us by printing a paper copy, saving an electronic copy, or both. Further, you agree that no certification authority or other third-party verification is necessary to establish the validity of your electronic signature, and that the lack of such certification or third-party verification will not affect the enforceability of your signature or any resulting contract between you and us.

8. Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or current. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

9. Ownership of the Website and Content

The Website and all information and content included on the Website are the exclusive property of StackLab or its content suppliers and are protected under applicable copyright, patent, trademark, and other proprietary rights. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by StackLab. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

10. Trademarks

The StackLab name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of StackLab or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

11. Your Use of the Website

These Terms permit you to access and use the Website for your personal, non-commercial use only. You agree not to (a) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or reverse-engineer the Website or any of the material on our Website, (b) use materials, products or services available on the Website in violation of any law, (c) impersonate or attempt to impersonate StackLab, any StackLab employee or any other person or entity (including, without limitation, by using email addresses associated with StackLab), or (d) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm StackLab or other users of the Website or expose them to liability.

Additionally, you agree not to, or permit or direct any other person to:

Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other user’s use of the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Provide false, inaccurate, or incomplete information about your identity, age, location, or medical history.
Otherwise attempt to interfere with the proper working of the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or otherwise engage in conduct in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

12. Pharmacy and Fulfillment; Shipping; Packaging

The Website may facilitate prescription orders placed by your Provider. Where applicable, prescriptions may be fulfilled by partner pharmacies (“Partner Pharmacies”) and/or a pharmacy of your choice, depending on the program and your location. You authorize Providers and the Website to transmit prescription information to one or more pharmacies for dispensing and shipment, as permitted by law. Any prescription orders are at the professional discretion of your Provider.

Pharmacy transfers: Your prescription may be transferred among pharmacies for fulfillment, availability, pricing, or operational reasons, consistent with law and your instructions.
Shipping: Shipping times are estimates and may vary due to pharmacy processing, verification, carrier delays, weather, holidays, or other factors.
Temperature-sensitive products: Certain medications require refrigeration or other handling. You are responsible for receiving shipments promptly and following storage instructions.
Child-resistant packaging: Some medications may ship in non-child-resistant packaging when permitted. Keep all medications out of reach of children.

“Pharmacy” means any pharmacy (including compounding pharmacies, where permitted) that may fulfill prescriptions issued by a Provider. Partner Pharmacies are independent third parties. StackLab does not own or operate any pharmacy and is not responsible for the professional services, dispensing decisions, compounding, labeling, or shipping performed by any pharmacy. Always contact your Provider or other qualified healthcare professionals directly with any questions regarding your personal health or medical conditions.

Partner Pharmacies

Red Rock Compounding Pharmacy

https://www.redrockhomepharmacy.com

1240 East 100 South, Suite 220, St. George, UT 84790

435-703-2900

Health Warehouse

https://www.healthwarehouse.com

7107 Industrial Rd., Florence, KY 41042

800-748-7001

Precision Medicine

https://precisionmeds.com

2657 Merrick Road, Bellmore, NY 11710

516-833-6262

Triad Rx

https://www.triadrx.us

26258 Pollard Road, Daphne, AL 36526

251-380-7630

This list may change from time to time. The Partner Pharmacies listed above are current as of the Last Updated date of these Terms.

13. Payment; Subscriptions; Automatic Renewal

By providing a credit card or other payment method accepted by us (“Payment Method”), you are expressly agreeing that we are (or our service provider is) authorized to charge the Payment Method for the total amount of the fees associated with your use of the Website, together with any applicable taxes (collectively, as applicable, a “Purchase”). If the Payment Method cannot be verified, is invalid, or is otherwise not acceptable, your Purchase may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Purchase. If a payment is not successfully settled and you do not edit your Payment Method information or cancel your Purchase or account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated.

Cash-pay only. Unless expressly stated otherwise, Services are offered on a cash-pay basis and are not billed to insurance. We do not guarantee that any amounts paid are eligible for reimbursement by insurance, HSA/FSA, or otherwise.

Subscriptions and automatic renewal. If you enroll in a subscription or recurring program, you authorize us (and/or our payment processors) to charge your Payment Method on a recurring basis until you cancel. Subscription terms, billing cadence, renewal price, and cancellation deadlines will be disclosed at checkout or in your account. Your subscription will automatically renew at the then-current price until you cancel. To avoid renewal charges, your cancellation request must be received at least 72 hours prior to your next billing date. If prior notice is not received in that window, your subscription will be charged in accordance with the then-current billing cycle and the cancellation will take effect on the subsequent billing cycle. You may cancel through your online account or patient portal, or by contacting support@withstacklab.com. Full cancellation and refund terms are set out in our Cancellation and Refund Policy.

Payment processing. Payments are processed by third parties, including Stripe. We do not store full payment card numbers. Your use of a payment processor is subject to that processor’s own terms and privacy practices.

Chargebacks. If you initiate a chargeback, we may suspend your account, and collection efforts may apply to amounts legitimately owed. You agree not to process stolen or unauthorized cards through the Website. You understand and agree not to hold us liable for any adverse effect that actions (whether intentional or unintentional) may cause to any other accounts you hold.

14. Cancellations and Refunds

All sales are final except as expressly stated in our Cancellation and Refund Policy, which is incorporated into these Terms by reference, or as required by law. Prescription medications generally cannot be returned or resold once shipped, in accordance with applicable federal and state pharmacy law.

15. Promotions and Sweepstakes

From time to time, we may offer promotions, discounts, referral programs, or sweepstakes. Promotions may be subject to additional terms, eligibility rules, and official rules that are incorporated by reference. Unless prohibited, those additional terms will control in the event of a conflict with these Terms.

16. Termination

We have the right to terminate or suspend your access to all or part of the Website at any time for any reason without notice. StackLab may terminate or suspend any of the rights granted by these Terms and your access to and use of the Website with or without prior notice, for any reason, and at any time, including for violations of these Terms. The following provisions, and any other provision which by its nature should survive termination, will survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation on Liability; Indemnification; Governing Law and Jurisdiction; and Dispute Resolution.

17. Links from the Website

If the Website contains links to third-party sites or resources, these links are provided for your convenience only. We do not control or endorse these third-party sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

18. Disclaimer of Warranties

THE WEBSITE AND THE INFORMATION AND CONTENT ON THE WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. STACKLAB, ITS AFFILIATES, AND ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. IF THIS IS THE CASE, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.

19. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL STACKLAB, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT SHALL BE TO DISCONTINUE USING THE WEBSITE.

IN NO EVENT SHALL STACKLAB OR ITS RELATED PERSONS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE, THE GREATER OF (I) ONE HUNDRED DOLLARS ($100), OR (II) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.

CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

20. Indemnification

You agree to defend, indemnify, and hold harmless StackLab, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

21. Governing Law and Jurisdiction

You agree that the laws of the State of Wyoming will govern these Terms and any dispute that may arise between you and StackLab or its affiliates related to your use of the Website, without regard to conflicts of laws provisions.

22. Dispute Resolution

You and we both agree to provide written notice of any disputes to the other party and to try to resolve any disputes informally in good faith arising from your use of the Website. If any dispute is not resolved within 30 days of a party providing notice to the other party, the dispute will be resolved through individual, non-representative, binding arbitration conducted in English, instead of a proceeding in courts of general jurisdiction. Any disputes will be decided by a single arbitrator and will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures and as modified by this agreement to arbitrate. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon your or our request that an in-person hearing is appropriate. Any in-person appearances will be held in Sheridan County, Wyoming. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court with appropriate jurisdiction. Each party will be responsible for its respective costs, including costs related to its respective attorneys, experts, and witnesses.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

YOU AND WE EXPRESSLY WAIVE THE RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION. NOTWITHSTANDING THE PARTIES’ DECISION TO RESOLVE ALL DISPUTES THROUGH ARBITRATION, WE MAY BRING AN ACTION IN A STATE OR FEDERAL COURT TO PROTECT OUR INTELLECTUAL PROPERTY RIGHTS. SEEKING SUCH RELIEF SHALL NOT WAIVE OUR RIGHT TO ARBITRATION UNDER THESE TERMS.

23. Waiver and Severability

No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

24. Geographic Restrictions

StackLab is based in the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

25. Entire Agreement

These Terms, together with the Privacy Policy, the Cancellation and Refund Policy, and the Telehealth Consent, constitute the sole and entire agreement between you and StackLab regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

26. Contact Us

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:

StackLab Management LLC

30 N Gould St, Ste R

Sheridan, WY 82801

USA

support@withstacklab.com

For privacy-related inquiries: privacy@withstacklab.com