TERMS AND CONDITIONS
TERMS AND CONDITIONS
TERMS AND CONDITIONS
TERMS AND CONDITIONS
Terms and Conditions
Effective date: April 21,2025
Service Not Intended For Emergencies
This Service is not appropriate for emergency care or urgent care. If you have a medical
emergency or are in need of urgent care, seek in-person emergency or urgent care immediately
or dial 911. This Service is not appropriate for all medical conditions or concerns.
Agreement with Terms and Conditions
BY CLICKING "I AGREE,
" CHECKING A RELEVANT BOX TO CONFIRM YOUR
ACCEPTANCE, USING ANY OTHER ACCEPTANCE METHOD PROVIDED THROUGH THE
SERVICE (AS DEFINED BELOW) OR OTHERWISE AFFIRMING YOUR AGREEMENT TO
THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ,
ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE
TO THESE TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT OR USE THE
SERVICE. YOU HEREBY ACKNOWLEDGE THAT ANY PERSON WHO CLICKS THE "I
AGREE" BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS AND
CONDITIONS HAS BEEN GRANTED AGENCY AUTHORITY ON YOUR BEHALF.
ARBITRATION NOTICE
UNLESS YOU OPT OUT OF ARBITRATION IN A TIMELY MANNER, AS OUTLINED IN THESE
TERMS AND CONDITIONS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR
YOU AND THE MEDICAL GROUPS OR PROVIDERS ARISING OUT OF OR RELATED TO
THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICE WILL BE RESOLVED
THROUGH BINDING, INDIVIDUAL ARBITRATION. BY DOING SO, YOU WAIVE YOUR
RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR
CLASS-WIDE ARBITRATION, AS DETAILED BELOW. ADDITIONALLY, EXCEPTIONS AND
THE PROCEDURE FOR OPTING OUT OF ARBITRATION ARE OUTLINED BELOW.
Sana Direct and the Service
Sana Direct, LLC and/or its affiliates (collectively, the "Sana Direct,
" "we,
" or "us") owns and
operates the website at www.sanadirect.com (the "Website"). Your access to and use of the
Website, any part of it, or anything related to it, including its content ("Content"), any products or
services provided through the Website or otherwise by Sana Direct, and any affiliated websites,
software or applications owned or operated by Sana Direct (collectively, including the Website
and the Content, the "Service") are subject to these Terms and Conditions ("Terms and
Conditions" or "Agreement").Please read these Terms and Conditions carefully as they contain important terms and
information that you will need to know and understand about the Service. In these Terms and
Conditions,
"you" and "yours" refer to the person using the Service. If the user is a minor
between the ages of 13 and 18 (or a higher age of majority under applicable state law),
"you"
and "yours" refers to (i) the minor for whom consent is being provided or on whose behalf the
Service is being utilized and (ii) the parent or guardian providing consent for the minor to use
the Service using the Service on the minor's behalf. For more information regarding the use of
the Service by minors and the applicable restrictions, please refer to the "Limited Use and
Availability" section of this Agreement. Notwithstanding the foregoing, the Service is not
intended for individuals under the age of thirteen (13), and individuals under the age of thirteen
(13) are prohibited from using all or any part of the Service or entering into this Agreement, even
if a parent or legal guardian is willing to provide consent to use of the Service or this Agreement.
If you are the parent or legal guardian of an individual under the age of eighteen (18) who you
believe has used the Service without your consent, please contact us at ask@sanadirect.com.
Acceptance of Terms and Conditions
Your access to and use of the Service is governed by this Agreement, as well as all applicable
laws and regulations. If you do not accept and agree to abide by this Agreement in its entirety,
you are prohibited from visiting, accessing, registering with, or using the Service or any
information or Content provided through the Service, except for the purpose of reviewing this
Agreement. The Service is continuously evolving, and we reserve the right to modify or remove
any part of this Agreement or the Service at our sole discretion, without prior notice. Any
changes to this Agreement become effective once posted on the Website. Unless otherwise
stated, any new Content added to the Service will also be subject to this Agreement upon being
posted on the Website. If you do not agree with this Agreement or any of its terms or conditions,
your only recourse is to stop using the Service. Your continued use after any changes to this
Agreement are posted constitutes your acceptance of the modified terms.
Your Relationship with Us
We offer certain products and services to individuals who register as users of the Service
("Users"), which are sold or provided by Sana Direct, third party medical providers, pharmacies,
or other vendors. Our Service gives you access to prescription fulfillment services through
pharmacies with which we have established relationships (collectively, the "Pharmacies"). By
using the Service, you agree that your prescription(s) may be filled and transferred between any
of the Pharmacies, and you authorize the Service to do so on your behalf. Additionally, we may
provide access to Berluga Health (the "Medical Group") for the provision of healthcare and/or
mental health services through the Website. The Medical Group employs or contracts with
physicians, allied health professionals, and mental health professionals who provide certain
healthcare and/or mental health services through the Website (the "Providers"). By accepting
this Agreement, you acknowledge that any services you receive from the Pharmacies, the
Medical Group or the Providers through the Website are also governed by this Agreement, and
that these entities are third party beneficiaries of this Agreement.We do not control or intervene in the practice of medicine or healthcare by the Medical Group or
any of the Providers, each of whom is solely responsible for directing the care or treatment they
provide. Further, Sana Direct does not control or interfere with any professional service provided
by the Pharmacies, each of which is solely responsible for the professional services they
provide through the Service. By accepting this Agreement, you understand and agree that Sana
Direct is not a healthcare provider, and that by using the Service, you are not entering into a
doctor-patient or other health care provider-patient relationship with Sana Direct. By using the
Service, you may, however, establish a doctor-patient or other health care provider-patient
relationship with the Medical Group and/or one or more of the Providers.
By accepting this Agreement, you also consent to receiving communications via audio, visual,
audiovisual or other data transmission, including messaging services or email, from the Medical
Group and/or the Providers through the Service related to your diagnosis and/or treatment. You
understand that Sana Direct is not responsible for the security or privacy of services you use to
receive the aforementioned communications. You also understand that it is your sole
responsibility to monitor and respond to these communications and that neither Sana Direct, the
Medical Group nor any Provider will be responsible in any way and you will not hold Sana
Direct, 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 communications or for your failure to
comply with any treatment recommendations or instructions from the Medical Group or your
Provider(s).
Although you are not establishing a doctor-patient or other healthcare provider-patient
relationship with Sana Direct, by using the Service, you are entering into a direct customer
relationship with Sana Direct for the use of the Service, including the purchase of any
non-prescription products or non-medical services sold directly to you. In connection with such
relationship, you may provide to us, or cause to be provided to us on your behalf, personal
information, including health information, that is subject to use by us in accordance with our
Privacy Policy. Please refer to the "Privacy Policy" section and the "Protected Information"
section below for additional information.
Consent to Use Telehealth Services
The Service involves the use of telehealth. Telehealth refers to the provision of health and
mental health care services through electronic communication, information technology, or other
means between a healthcare provider or mental health professional and a patient who are not in
the same physical location. While telehealth can offer certain benefits, there are also potential
risks associated with its use. Telehealth services may not be a suitable substitute for in-person
care in all situations. To use the Service, you must review and agree to an informed consent
regarding telehealth use (the "Telehealth Consent"), which will be provided to you via the
Service. By agreeing to this, you acknowledge that Sana Direct, the Pharmacies, the Medical
Group, and the Providers are third-party beneficiaries of the Telehealth Consent and have the
right to enforce it against you.
Subscription Products and Services
Certain products and services available for purchase through the Service are offered on an
automatically renewing subscription basis. For these subscription-based products and services,
your payment method will be charged automatically at regular intervals, as outlined during the
checkout process for that product or service, until you cancel your subscription. To prevent any
interruptions in treatment, your first renewal may be charged early. Subsequent shipments may
be charged and shipped up to three (3) days early to accommodate holidays or for other
operational reasons to ensure continuous. We and/or the Providers may, but are not obligated
to, reach out to you periodically via the Service to request updates to your information and to
manage ongoing subscriptions. You may cancel your subscription at any time up by emailing
ask@sanadirect.com or directly through your online account. Cancellation will take effect at the
end of the current subscription period. Your subscription will automatically renew for another
subscription period unless you cancel at least three (3) days before the applicable renewal
processing date of your subscription. We do not offer refunds for partially used subscription
periods, though we may provide refunds on a case-by-case basis at our sole discretion. We may
also allow you to pause your subscription for a specified period. If you do not cancel before the
end of the pause period, your subscription will automatically resume, and charges to your
payment method will recommence. We may update our subscription plans and prices from time
to time; however, we will provide you with advance notice of any changes or changes to pricing
or subscription plans.
To streamline your experience with the Service, you will only see and be required to pay a single
"total" subscription price. However, if the subscription product you purchase requires a
consultation with a Provider, includes a prescription medication filled through one of the
Pharmacies, and/or includes health services, the total price you pay will include the amounts
charged for use of the Service, as well as the cost of the prescription medication charged by the
Pharmacy and the fee for the Provider's services charged by the Medical Group, as applicable.
These amounts are collected on behalf of and paid to the Pharmacies and the Medical Group,
respectively.
NO REFUND POLICY:
YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND
SERVICES PURCHASABLE THROUGH THE SERVICES ANY APPLICABLE FEES AND
OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY
LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED
CHARGES.
Prescription Products
Certain products available through the Service require a valid prescription from an appropriately
licensed healthcare provider. You will only be able to obtain a prescription product after
completing a consultation of your health information with one of the Providers, during which the
Provider determines that the prescription product is clinically appropriate for you and writes a
valid prescription. The Providers are solely responsible for making those clinical determinations
in their own professional judgement.If the Provider determines a prescription product is clinically appropriate for you, writes a valid
prescription, and you have provided informed consent for the product, the Provider will submit
the prescription for fulfillment to one of the Pharmacies. Unless you request your prescription be
filled by a specific pharmacy when discussing with your Provider and such pharmacy has the
capability to fulfill such prescriptions, prescriptions will be filled through a pharmacy with which
Sana Direct has a relationship, and the prescription will be filled from a pharmacy of Sana
Direct's choosing based on geographic location and prescription availability during your us of
the Service. Prescriptions filled by the Pharmacies may not use child-resistant packaging and
prescription products may not be dispensed in child-resistant containers. You are responsible for
keeping such products in a safe and secure location away from children and others.
If you complete a consultation with a Provider and fill a prescription through one of the
Pharmacies, the prescription product will be shipped to you by the respective Pharmacy, and the
costs associated with the prescription are included in the total charged to you by the Service as
described in the "Subscription Products" section above. If you fill a prescription with a pharmacy
other than the Pharmacies, the Service will send the prescription to your selected pharmacy, but
you will be responsible for picking up or otherwise obtaining the prescription product and paying
the pharmacy directly for the cost of the prescription product.
Prescription products available on the Website are considered "Third-Party Goods and
Services" as outlined in the Third-Party Goods and Services section of this Agreement.
Financial Responsibility for Services Notice
Sana Direct and the Medical Group are not enrolled in, nor do they participate as providers in,
any federal or state healthcare programs (e.g., Medicare, Medicaid) for the provision of any
healthcare or health services or supplies and, as such, neither you nor Sana Direct, Medical
Group, Providers or Pharmacies may receive payment from such programs for the services or
items provided to you by Sana Direct, Medical Group, Providers or Pharmacies. Further, to the
extent that any of the Pharmacies or Providers may be enrolled in federal or state healthcare
programs, the means through which the services and products are provided or made available
through the Service typically prevents such services and products from being covered benefits
under these government programs. By choosing to use the Service, you are specifically opting
to obtain all services and items on a self-pay basis, outside of any federal or state healthcare
program. Accordingly, you are solely responsible for the costs of any service or item provided to
you.
By agreeing to use the Service, you acknowledge and agree that (1) you are explicitly choosing
to obtain services and items on a self-pay basis, outside of any federal or state healthcare
program, and you are solely financially responsible for all services and items provided to you by
or through the Service; and (2) neither you nor Sana Direct, Medical Group, Providers or
Pharmacies will submit any claims for reimbursement to any federal or state healthcare program
for the costs of the services and items provided to you through the Service.
Restrictions on Use and Availability of the Service
Our Service is currently available only to individuals who are located in states in which we offer
the Service, are at least eighteen (18) years of age or older (or at least the age of majority in
their jurisdiction of residence, if higher than eighteen (18)), and have accepted this Agreement;
provided, however, that individuals who are located in the states in which we offer the Service
and are between the ages of 13 and 18 may use the Service if a parent or legal guardian
provides consent to such use in accordance with the requirements set forth in this Agreement
and the Service. Current states in which we do not offer Service: Alaska, Arkansas, Louisiana,
New Hampshire, Oregon, South Carolina, West Virginia, and District of Columbia.
By visiting, accessing, registering or using the Service, you are: (a) representing and warranting
to us that you are either (1) at least eighteen (18) years of age or older or at least the age of
majority in your jurisdiction of residence, if higher than eighteen (18), or (2) at least thirteen (13)
years of age, have obtained consent from your parent or legal guardian to use the Service; (b) if
you are a parent or legal guardian providing consent for a minor who is under the age of
eighteen (18) (or such higher age of majority under applicable state law), representing and
warranting to us that you are the parent or legal guardian for such minor and have all legal
power and authority to provide consent for the use of the Service by such minor; (c)
representing and warranting to us that when you use the Service to consult with a Provider, you
are located in the same state as the shipping address you provide in your account at the time
that you conduct such consultation, (d) agreeing to comply with all applicable laws in visiting,
accessing, registering or using the Service, and (e) agreeing that you will only use the Service
for lawful purposes. Our Service is subject to state regulations and may change from time to
time due to changes in applicable regulatory requirements.
Certain products available through the Service are subject to additional age restrictions, and not
all products or services are available to all age groups.
In some cases, the Service may not be the most suitable way for you to provide information to,
communicate with or seek medical, mental health, or other healthcare services and treatment
from a healthcare provider or health professional. For example, certain medical conditions may
require an in-person procedure, or your Provider may determine that your diagnosis and/or
treatment requires an in-person office visit or is otherwise not appropriately addressed through
use of the Service. In such cases, you may be notified that you will be unable to use the Service
for the particular issue you submitted, along with additional guidance on next steps.
Duty to Provide Information, Access, and Connectivity
You are responsible for providing and maintaining, at your own risk, option and expense, the
necessary software and hardware (in line with any technical, quality or other requirements
specified by the Service) to access and use the Service, including but not limited to, a computer
or mobile device with a video camera and Internet access. You are solely responsible for any
fees you incur, including Internet connection or mobile fees, when accessing the Service.
Additionally, you have a duty to provide truthful, accurate and complete information in any forms
or communications you submit to or through the Service. We reserve the right to modify the access configuration, including any software, hardware or other requirements of the Service, at
any time without prior notice.
Privacy Policy
Sana Direct 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 create an account with Sana Direct, you establish a direct customer relationship with
us, granting you access to the various features and functions of the Service as a user. As part of
this relationship, you provide information including, but not limited to, your name, email address,
shipping address and phone number, which we may collect, use and disclose in accordance
with our Privacy Policy. This information is not considered to be "health" or "medical"
information.
However, when using certain components of the Service, you may also provide medical
information that may be protected under applicable laws. Sana Direct 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"). The Medical
Group or one or more of the Pharmacies may or may not be a "covered entity" or "business
associate" under HIPAA, and Sana Direct may in some cases be a "business associate" of the
Medical Group or a Pharmacy. It is important to note that, while state-specific privacy laws may
apply, HIPAA does not necessarily apply to an entity or person simply because health
information involved, and HIPAA may not apply to your transactions or communications with
Sana Direct, the Medical Group, the Providers, or the Pharmacies. To the extent Sana Direct is
considered a "business associate,
" however, and solely in its role as a business associate, Sana
Direct, may be subject to certain provisions of HIPAA with respect to "protected health
information" ("PHI"), as defined under HIPAA, that you provide to the Medical Group, Providers
or the Pharmacies. Additionally, any medical or health information 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.
The Medical Group and Providers have adopted a Notice of Privacy Practices that describes
how they use and disclose Protected Information. By accessing or using any part of the Service,
you are acknowledging receipt of the Notice of Privacy Practices from the Medical Group and
Provider(s).
By using the Service, you are agreeing that even if HIPAA does apply to Sana Direct, the
Medical Group, the Providers or the Pharmacies, any information that you submit to Sana Directthat is not intended and used solely for the provision of diagnosis and treatment by the Medical
Group and Providers or prescription fulfillment by the Pharmacies, is not considered Protected
Information, and will only be subject to our Privacy Policy and any applicable state laws that
govern the privacy and security of such information.
Use and Ownership of the Service
The Service and the information and Content available through the Service are protected by
copyright laws throughout the world. In accordance with this Agreement, Sana Direct grants you
a limited, non-transferable, revocable license to access and use the Service for your personal
use solely for the intended purposes of the Service. Unless explicitly stated otherwise by Sana
Direct in a separate license, your right to use the Service or the Content is governed by this
Agreement, and all rights to the Service and Content are reserved by Sana Direct. You agree
that Sana Direct and its suppliers own all rights, title and interest in the Service (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 agree not remove, alter or obscure
any copyright, trademark, service mark or other proprietary rights notices incorporated in or
accompanying the Service. Sana Direct's stylized name and other related graphics, logos,
service marks and trade names used on or in connection with the Service are the trademarks of
Sana Direct 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 the Service are the property of their respective owners.
License to Information Submit
Subject to any limitations described herein, any information you send to Sana Direct via the
Service, whether by direct entry, submission, email or otherwise, including data, questions,
comments, forum posts, or suggestions (collectively,
"Submissions"), will, to the extent permitted
by applicable law, be treated as non-confidential and non-proprietary. Subject to any applicable
account settings that you select, you grant Sana Direct a fully paid, royalty-free, perpetual,
irrevocable, worldwide, non-exclusive and 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 the Service
to you and other Users. You warrant that the holder of any worldwide intellectual property right,
including moral rights, in Submissions has fully and effectively waived those rights and validly
and irrevocably granted to you the right to grant the license stated above. You agree that you,
not Sana Direct, are responsible for all of Submissions that you provide to the Service. In
addition to the foregoing, Sana Direct shall have the right, in its sole discretion, to edit,
duplicate, or alter your Submission in any way for any purpose that Sana Direct deems
necessary or desirable. You irrevocably waive any and all so-called moral rights you may have
in your Submission. Furthermore, you acknowledge that you shall have no right to approve and
no claim to compensation in connection with the Submission.If a Submission you make contains Protected Information, Sana Direct'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 the Service: (i) for any unlawful,
unauthorized, fraudulent or malicious purpose; (ii) in any way 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 the Service; (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 Sana Direct to be made accessible to a user; (vi)
to obtain any materials, or information through any means not intentionally made available by
Sana Direct; (vii) to reverse engineer, disassemble or decompile any section or technology on
the Service,; or (viii) for any use other than the business purpose for which it was intended.
In addition, in connection with your use of the Service, 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 Sana Direct 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 agreements); (d) upload files that contain
malicious code, viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files,
spyware or any other similar software, code, script, programs, or malware of any kind 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 the Service'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 mail," "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 the Service by using framing, mirroring or similar navigational technology; (l) probe,
scan, test the vulnerability of or breach the authentication measures of, the Service 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 the Service, or copy, download,
distribute or reproduce any content or information on the Service; or (p) assist or permit any
person in engaging in any of these activities.
Sana Direct 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. Sana Direct 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, Sana Direct
reserves the right, at all times, to disclose any information as Sana Direct 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 Sana Direct's sole
discretion.
Registration; User Accounts, Passwords, and Security
You may be asked to register and set up an account on the Website in order to access the
Service. Some features of the Service may only be available to Users who have registered and
have been granted accounts with usernames and passwords. For purposes of clarity,
information you provide to Sana Direct in order to register and set up an account on the
Website, including your 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 Sana Direct, the Medical Group or its Providers or the Pharmacies. If you
do not keep such information current, or fail to submit truthful, accurate and complete
information, or we have reasonable grounds to suspect as much, we have the right to suspend
or terminate your account and your use of the Service. You also agree to immediately notify
Sana Direct of any unauthorized use of your username, password or any other breach of
security that you become aware of involving or relating to the Service by contacting Sana Direct.
In addition, you agree to keep confidential your username and password and to exit from your
User account at the end of each session. Sana Direct 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.
When establishing an account, you will be required to provide a username and password that
will be used as your login for your account. We take steps to protect the User data we collect
against unauthorized access. However, you should keep in mind that the Service 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 the Service and information about you, including medical
information, contained in the Service. 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 preventunauthorized physical access to your computer, phone and other devices, and to protect the
confidentiality of your username and password.
You must exercise caution, good sense, and sound judgment when using the Service. You are
prohibited from violating, or attempting to violate, the security of the Service. Any such violations
may result in criminal and/or civil penalties against you. Sana Direct may investigate any alleged
or suspected violations and if a criminal violation is suspected, Sana Direct may cooperate with
law enforcement agencies in their investigations.
Third-Party Goods and Services; Indemnification
Parties other than Sana Direct, including Pharmacies, the Medical Group and Providers, provide
services or sell products through the Service (collectively,
"Third-Parties"), and Sana Direct 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 the Service and disclosing personal information.
You agree that Sana Direct shall not be responsible or liable for any loss or damage of any sort
incurred as the result of your use of the Service, including any Third-Party Goods and Services
or your interactions with any Third-Parties. 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
Sana Direct is under no obligation to become involved in such dispute, and you hereby release
and indemnify Sana Direct, and its 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, the "Sana Direct 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
the Service or the features and services therein. You agree to defend, indemnify, and hold Sana
Direct and any Third Parties offering products or services through the Service, including the
Medical Group, Providers, and Pharmacies, harmless from and against any and all suits,
actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations,
losses, risks, costs, and expenses (including, without limitation, attorneys' fees and litigation
expenses) relating to or arising from your use of the Service, your fraud, violation of law, or
willful misconduct, any breach by you of this Agreement or your violation of any rights of any
other person or entity. We reserve the right to control the defense of any claim 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.IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION
1542, WHICH STATES: "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.
Right to Monitor
Sana Direct reserves the right to monitor general use of the Service at any time as it deems
appropriate and to remove any materials that, in Sana Direct' sole discretion, may be illegal,
may subject Sana Direct to liability, may violate this Agreement, or are, in the sole discretion of
Sana Direct, inconsistent with Sana Direct' purpose for the Service.
Terms of Sale
All products offered for sale by Sana Direct are subject to availability and we reserve the right to
impose quantity limits on any order we facilitate 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
Effective date: April 21,2025
Service Not Intended For Emergencies
This Service is not appropriate for emergency care or urgent care. If you have a medical
emergency or are in need of urgent care, seek in-person emergency or urgent care immediately
or dial 911. This Service is not appropriate for all medical conditions or concerns.
Agreement with Terms and Conditions
BY CLICKING "I AGREE,
" CHECKING A RELEVANT BOX TO CONFIRM YOUR
ACCEPTANCE, USING ANY OTHER ACCEPTANCE METHOD PROVIDED THROUGH THE
SERVICE (AS DEFINED BELOW) OR OTHERWISE AFFIRMING YOUR AGREEMENT TO
THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ,
ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE
TO THESE TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT OR USE THE
SERVICE. YOU HEREBY ACKNOWLEDGE THAT ANY PERSON WHO CLICKS THE "I
AGREE" BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS AND
CONDITIONS HAS BEEN GRANTED AGENCY AUTHORITY ON YOUR BEHALF.
ARBITRATION NOTICE
UNLESS YOU OPT OUT OF ARBITRATION IN A TIMELY MANNER, AS OUTLINED IN THESE
TERMS AND CONDITIONS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR
YOU AND THE MEDICAL GROUPS OR PROVIDERS ARISING OUT OF OR RELATED TO
THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICE WILL BE RESOLVED
THROUGH BINDING, INDIVIDUAL ARBITRATION. BY DOING SO, YOU WAIVE YOUR
RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR
CLASS-WIDE ARBITRATION, AS DETAILED BELOW. ADDITIONALLY, EXCEPTIONS AND
THE PROCEDURE FOR OPTING OUT OF ARBITRATION ARE OUTLINED BELOW.
Sana Direct and the Service
Sana Direct, LLC and/or its affiliates (collectively, the "Sana Direct,
" "we,
" or "us") owns and
operates the website at www.sanadirect.com (the "Website"). Your access to and use of the
Website, any part of it, or anything related to it, including its content ("Content"), any products or
services provided through the Website or otherwise by Sana Direct, and any affiliated websites,
software or applications owned or operated by Sana Direct (collectively, including the Website
and the Content, the "Service") are subject to these Terms and Conditions ("Terms and
Conditions" or "Agreement").Please read these Terms and Conditions carefully as they contain important terms and
information that you will need to know and understand about the Service. In these Terms and
Conditions,
"you" and "yours" refer to the person using the Service. If the user is a minor
between the ages of 13 and 18 (or a higher age of majority under applicable state law),
"you"
and "yours" refers to (i) the minor for whom consent is being provided or on whose behalf the
Service is being utilized and (ii) the parent or guardian providing consent for the minor to use
the Service using the Service on the minor's behalf. For more information regarding the use of
the Service by minors and the applicable restrictions, please refer to the "Limited Use and
Availability" section of this Agreement. Notwithstanding the foregoing, the Service is not
intended for individuals under the age of thirteen (13), and individuals under the age of thirteen
(13) are prohibited from using all or any part of the Service or entering into this Agreement, even
if a parent or legal guardian is willing to provide consent to use of the Service or this Agreement.
If you are the parent or legal guardian of an individual under the age of eighteen (18) who you
believe has used the Service without your consent, please contact us at ask@sanadirect.com.
Acceptance of Terms and Conditions
Your access to and use of the Service is governed by this Agreement, as well as all applicable
laws and regulations. If you do not accept and agree to abide by this Agreement in its entirety,
you are prohibited from visiting, accessing, registering with, or using the Service or any
information or Content provided through the Service, except for the purpose of reviewing this
Agreement. The Service is continuously evolving, and we reserve the right to modify or remove
any part of this Agreement or the Service at our sole discretion, without prior notice. Any
changes to this Agreement become effective once posted on the Website. Unless otherwise
stated, any new Content added to the Service will also be subject to this Agreement upon being
posted on the Website. If you do not agree with this Agreement or any of its terms or conditions,
your only recourse is to stop using the Service. Your continued use after any changes to this
Agreement are posted constitutes your acceptance of the modified terms.
Your Relationship with Us
We offer certain products and services to individuals who register as users of the Service
("Users"), which are sold or provided by Sana Direct, third party medical providers, pharmacies,
or other vendors. Our Service gives you access to prescription fulfillment services through
pharmacies with which we have established relationships (collectively, the "Pharmacies"). By
using the Service, you agree that your prescription(s) may be filled and transferred between any
of the Pharmacies, and you authorize the Service to do so on your behalf. Additionally, we may
provide access to Berluga Health (the "Medical Group") for the provision of healthcare and/or
mental health services through the Website. The Medical Group employs or contracts with
physicians, allied health professionals, and mental health professionals who provide certain
healthcare and/or mental health services through the Website (the "Providers"). By accepting
this Agreement, you acknowledge that any services you receive from the Pharmacies, the
Medical Group or the Providers through the Website are also governed by this Agreement, and
that these entities are third party beneficiaries of this Agreement.We do not control or intervene in the practice of medicine or healthcare by the Medical Group or
any of the Providers, each of whom is solely responsible for directing the care or treatment they
provide. Further, Sana Direct does not control or interfere with any professional service provided
by the Pharmacies, each of which is solely responsible for the professional services they
provide through the Service. By accepting this Agreement, you understand and agree that Sana
Direct is not a healthcare provider, and that by using the Service, you are not entering into a
doctor-patient or other health care provider-patient relationship with Sana Direct. By using the
Service, you may, however, establish a doctor-patient or other health care provider-patient
relationship with the Medical Group and/or one or more of the Providers.
By accepting this Agreement, you also consent to receiving communications via audio, visual,
audiovisual or other data transmission, including messaging services or email, from the Medical
Group and/or the Providers through the Service related to your diagnosis and/or treatment. You
understand that Sana Direct is not responsible for the security or privacy of services you use to
receive the aforementioned communications. You also understand that it is your sole
responsibility to monitor and respond to these communications and that neither Sana Direct, the
Medical Group nor any Provider will be responsible in any way and you will not hold Sana
Direct, 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 communications or for your failure to
comply with any treatment recommendations or instructions from the Medical Group or your
Provider(s).
Although you are not establishing a doctor-patient or other healthcare provider-patient
relationship with Sana Direct, by using the Service, you are entering into a direct customer
relationship with Sana Direct for the use of the Service, including the purchase of any
non-prescription products or non-medical services sold directly to you. In connection with such
relationship, you may provide to us, or cause to be provided to us on your behalf, personal
information, including health information, that is subject to use by us in accordance with our
Privacy Policy. Please refer to the "Privacy Policy" section and the "Protected Information"
section below for additional information.
Consent to Use Telehealth Services
The Service involves the use of telehealth. Telehealth refers to the provision of health and
mental health care services through electronic communication, information technology, or other
means between a healthcare provider or mental health professional and a patient who are not in
the same physical location. While telehealth can offer certain benefits, there are also potential
risks associated with its use. Telehealth services may not be a suitable substitute for in-person
care in all situations. To use the Service, you must review and agree to an informed consent
regarding telehealth use (the "Telehealth Consent"), which will be provided to you via the
Service. By agreeing to this, you acknowledge that Sana Direct, the Pharmacies, the Medical
Group, and the Providers are third-party beneficiaries of the Telehealth Consent and have the
right to enforce it against you.
Subscription Products and Services
Certain products and services available for purchase through the Service are offered on an
automatically renewing subscription basis. For these subscription-based products and services,
your payment method will be charged automatically at regular intervals, as outlined during the
checkout process for that product or service, until you cancel your subscription. To prevent any
interruptions in treatment, your first renewal may be charged early. Subsequent shipments may
be charged and shipped up to three (3) days early to accommodate holidays or for other
operational reasons to ensure continuous. We and/or the Providers may, but are not obligated
to, reach out to you periodically via the Service to request updates to your information and to
manage ongoing subscriptions. You may cancel your subscription at any time up by emailing
ask@sanadirect.com or directly through your online account. Cancellation will take effect at the
end of the current subscription period. Your subscription will automatically renew for another
subscription period unless you cancel at least three (3) days before the applicable renewal
processing date of your subscription. We do not offer refunds for partially used subscription
periods, though we may provide refunds on a case-by-case basis at our sole discretion. We may
also allow you to pause your subscription for a specified period. If you do not cancel before the
end of the pause period, your subscription will automatically resume, and charges to your
payment method will recommence. We may update our subscription plans and prices from time
to time; however, we will provide you with advance notice of any changes or changes to pricing
or subscription plans.
To streamline your experience with the Service, you will only see and be required to pay a single
"total" subscription price. However, if the subscription product you purchase requires a
consultation with a Provider, includes a prescription medication filled through one of the
Pharmacies, and/or includes health services, the total price you pay will include the amounts
charged for use of the Service, as well as the cost of the prescription medication charged by the
Pharmacy and the fee for the Provider's services charged by the Medical Group, as applicable.
These amounts are collected on behalf of and paid to the Pharmacies and the Medical Group,
respectively.
NO REFUND POLICY:
YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND
SERVICES PURCHASABLE THROUGH THE SERVICES ANY APPLICABLE FEES AND
OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY
LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED
CHARGES.
Prescription Products
Certain products available through the Service require a valid prescription from an appropriately
licensed healthcare provider. You will only be able to obtain a prescription product after
completing a consultation of your health information with one of the Providers, during which the
Provider determines that the prescription product is clinically appropriate for you and writes a
valid prescription. The Providers are solely responsible for making those clinical determinations
in their own professional judgement.If the Provider determines a prescription product is clinically appropriate for you, writes a valid
prescription, and you have provided informed consent for the product, the Provider will submit
the prescription for fulfillment to one of the Pharmacies. Unless you request your prescription be
filled by a specific pharmacy when discussing with your Provider and such pharmacy has the
capability to fulfill such prescriptions, prescriptions will be filled through a pharmacy with which
Sana Direct has a relationship, and the prescription will be filled from a pharmacy of Sana
Direct's choosing based on geographic location and prescription availability during your us of
the Service. Prescriptions filled by the Pharmacies may not use child-resistant packaging and
prescription products may not be dispensed in child-resistant containers. You are responsible for
keeping such products in a safe and secure location away from children and others.
If you complete a consultation with a Provider and fill a prescription through one of the
Pharmacies, the prescription product will be shipped to you by the respective Pharmacy, and the
costs associated with the prescription are included in the total charged to you by the Service as
described in the "Subscription Products" section above. If you fill a prescription with a pharmacy
other than the Pharmacies, the Service will send the prescription to your selected pharmacy, but
you will be responsible for picking up or otherwise obtaining the prescription product and paying
the pharmacy directly for the cost of the prescription product.
Prescription products available on the Website are considered "Third-Party Goods and
Services" as outlined in the Third-Party Goods and Services section of this Agreement.
Financial Responsibility for Services Notice
Sana Direct and the Medical Group are not enrolled in, nor do they participate as providers in,
any federal or state healthcare programs (e.g., Medicare, Medicaid) for the provision of any
healthcare or health services or supplies and, as such, neither you nor Sana Direct, Medical
Group, Providers or Pharmacies may receive payment from such programs for the services or
items provided to you by Sana Direct, Medical Group, Providers or Pharmacies. Further, to the
extent that any of the Pharmacies or Providers may be enrolled in federal or state healthcare
programs, the means through which the services and products are provided or made available
through the Service typically prevents such services and products from being covered benefits
under these government programs. By choosing to use the Service, you are specifically opting
to obtain all services and items on a self-pay basis, outside of any federal or state healthcare
program. Accordingly, you are solely responsible for the costs of any service or item provided to
you.
By agreeing to use the Service, you acknowledge and agree that (1) you are explicitly choosing
to obtain services and items on a self-pay basis, outside of any federal or state healthcare
program, and you are solely financially responsible for all services and items provided to you by
or through the Service; and (2) neither you nor Sana Direct, Medical Group, Providers or
Pharmacies will submit any claims for reimbursement to any federal or state healthcare program
for the costs of the services and items provided to you through the Service.
Restrictions on Use and Availability of the Service
Our Service is currently available only to individuals who are located in states in which we offer
the Service, are at least eighteen (18) years of age or older (or at least the age of majority in
their jurisdiction of residence, if higher than eighteen (18)), and have accepted this Agreement;
provided, however, that individuals who are located in the states in which we offer the Service
and are between the ages of 13 and 18 may use the Service if a parent or legal guardian
provides consent to such use in accordance with the requirements set forth in this Agreement
and the Service. Current states in which we do not offer Service: Alaska, Arkansas, Louisiana,
New Hampshire, Oregon, South Carolina, West Virginia, and District of Columbia.
By visiting, accessing, registering or using the Service, you are: (a) representing and warranting
to us that you are either (1) at least eighteen (18) years of age or older or at least the age of
majority in your jurisdiction of residence, if higher than eighteen (18), or (2) at least thirteen (13)
years of age, have obtained consent from your parent or legal guardian to use the Service; (b) if
you are a parent or legal guardian providing consent for a minor who is under the age of
eighteen (18) (or such higher age of majority under applicable state law), representing and
warranting to us that you are the parent or legal guardian for such minor and have all legal
power and authority to provide consent for the use of the Service by such minor; (c)
representing and warranting to us that when you use the Service to consult with a Provider, you
are located in the same state as the shipping address you provide in your account at the time
that you conduct such consultation, (d) agreeing to comply with all applicable laws in visiting,
accessing, registering or using the Service, and (e) agreeing that you will only use the Service
for lawful purposes. Our Service is subject to state regulations and may change from time to
time due to changes in applicable regulatory requirements.
Certain products available through the Service are subject to additional age restrictions, and not
all products or services are available to all age groups.
In some cases, the Service may not be the most suitable way for you to provide information to,
communicate with or seek medical, mental health, or other healthcare services and treatment
from a healthcare provider or health professional. For example, certain medical conditions may
require an in-person procedure, or your Provider may determine that your diagnosis and/or
treatment requires an in-person office visit or is otherwise not appropriately addressed through
use of the Service. In such cases, you may be notified that you will be unable to use the Service
for the particular issue you submitted, along with additional guidance on next steps.
Duty to Provide Information, Access, and Connectivity
You are responsible for providing and maintaining, at your own risk, option and expense, the
necessary software and hardware (in line with any technical, quality or other requirements
specified by the Service) to access and use the Service, including but not limited to, a computer
or mobile device with a video camera and Internet access. You are solely responsible for any
fees you incur, including Internet connection or mobile fees, when accessing the Service.
Additionally, you have a duty to provide truthful, accurate and complete information in any forms
or communications you submit to or through the Service. We reserve the right to modify the access configuration, including any software, hardware or other requirements of the Service, at
any time without prior notice.
Privacy Policy
Sana Direct 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 create an account with Sana Direct, you establish a direct customer relationship with
us, granting you access to the various features and functions of the Service as a user. As part of
this relationship, you provide information including, but not limited to, your name, email address,
shipping address and phone number, which we may collect, use and disclose in accordance
with our Privacy Policy. This information is not considered to be "health" or "medical"
information.
However, when using certain components of the Service, you may also provide medical
information that may be protected under applicable laws. Sana Direct 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"). The Medical
Group or one or more of the Pharmacies may or may not be a "covered entity" or "business
associate" under HIPAA, and Sana Direct may in some cases be a "business associate" of the
Medical Group or a Pharmacy. It is important to note that, while state-specific privacy laws may
apply, HIPAA does not necessarily apply to an entity or person simply because health
information involved, and HIPAA may not apply to your transactions or communications with
Sana Direct, the Medical Group, the Providers, or the Pharmacies. To the extent Sana Direct is
considered a "business associate,
" however, and solely in its role as a business associate, Sana
Direct, may be subject to certain provisions of HIPAA with respect to "protected health
information" ("PHI"), as defined under HIPAA, that you provide to the Medical Group, Providers
or the Pharmacies. Additionally, any medical or health information 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.
The Medical Group and Providers have adopted a Notice of Privacy Practices that describes
how they use and disclose Protected Information. By accessing or using any part of the Service,
you are acknowledging receipt of the Notice of Privacy Practices from the Medical Group and
Provider(s).
By using the Service, you are agreeing that even if HIPAA does apply to Sana Direct, the
Medical Group, the Providers or the Pharmacies, any information that you submit to Sana Directthat is not intended and used solely for the provision of diagnosis and treatment by the Medical
Group and Providers or prescription fulfillment by the Pharmacies, is not considered Protected
Information, and will only be subject to our Privacy Policy and any applicable state laws that
govern the privacy and security of such information.
Use and Ownership of the Service
The Service and the information and Content available through the Service are protected by
copyright laws throughout the world. In accordance with this Agreement, Sana Direct grants you
a limited, non-transferable, revocable license to access and use the Service for your personal
use solely for the intended purposes of the Service. Unless explicitly stated otherwise by Sana
Direct in a separate license, your right to use the Service or the Content is governed by this
Agreement, and all rights to the Service and Content are reserved by Sana Direct. You agree
that Sana Direct and its suppliers own all rights, title and interest in the Service (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 agree not remove, alter or obscure
any copyright, trademark, service mark or other proprietary rights notices incorporated in or
accompanying the Service. Sana Direct's stylized name and other related graphics, logos,
service marks and trade names used on or in connection with the Service are the trademarks of
Sana Direct 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 the Service are the property of their respective owners.
License to Information Submit
Subject to any limitations described herein, any information you send to Sana Direct via the
Service, whether by direct entry, submission, email or otherwise, including data, questions,
comments, forum posts, or suggestions (collectively,
"Submissions"), will, to the extent permitted
by applicable law, be treated as non-confidential and non-proprietary. Subject to any applicable
account settings that you select, you grant Sana Direct a fully paid, royalty-free, perpetual,
irrevocable, worldwide, non-exclusive and 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 the Service
to you and other Users. You warrant that the holder of any worldwide intellectual property right,
including moral rights, in Submissions has fully and effectively waived those rights and validly
and irrevocably granted to you the right to grant the license stated above. You agree that you,
not Sana Direct, are responsible for all of Submissions that you provide to the Service. In
addition to the foregoing, Sana Direct shall have the right, in its sole discretion, to edit,
duplicate, or alter your Submission in any way for any purpose that Sana Direct deems
necessary or desirable. You irrevocably waive any and all so-called moral rights you may have
in your Submission. Furthermore, you acknowledge that you shall have no right to approve and
no claim to compensation in connection with the Submission.If a Submission you make contains Protected Information, Sana Direct'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 the Service: (i) for any unlawful,
unauthorized, fraudulent or malicious purpose; (ii) in any way 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 the Service; (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 Sana Direct to be made accessible to a user; (vi)
to obtain any materials, or information through any means not intentionally made available by
Sana Direct; (vii) to reverse engineer, disassemble or decompile any section or technology on
the Service,; or (viii) for any use other than the business purpose for which it was intended.
In addition, in connection with your use of the Service, 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 Sana Direct 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 agreements); (d) upload files that contain
malicious code, viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files,
spyware or any other similar software, code, script, programs, or malware of any kind 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 the Service'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 mail," "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 the Service by using framing, mirroring or similar navigational technology; (l) probe,
scan, test the vulnerability of or breach the authentication measures of, the Service 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 the Service, or copy, download,
distribute or reproduce any content or information on the Service; or (p) assist or permit any
person in engaging in any of these activities.
Sana Direct 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. Sana Direct 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, Sana Direct
reserves the right, at all times, to disclose any information as Sana Direct 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 Sana Direct's sole
discretion.
Registration; User Accounts, Passwords, and Security
You may be asked to register and set up an account on the Website in order to access the
Service. Some features of the Service may only be available to Users who have registered and
have been granted accounts with usernames and passwords. For purposes of clarity,
information you provide to Sana Direct in order to register and set up an account on the
Website, including your 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 Sana Direct, the Medical Group or its Providers or the Pharmacies. If you
do not keep such information current, or fail to submit truthful, accurate and complete
information, or we have reasonable grounds to suspect as much, we have the right to suspend
or terminate your account and your use of the Service. You also agree to immediately notify
Sana Direct of any unauthorized use of your username, password or any other breach of
security that you become aware of involving or relating to the Service by contacting Sana Direct.
In addition, you agree to keep confidential your username and password and to exit from your
User account at the end of each session. Sana Direct 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.
When establishing an account, you will be required to provide a username and password that
will be used as your login for your account. We take steps to protect the User data we collect
against unauthorized access. However, you should keep in mind that the Service 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 the Service and information about you, including medical
information, contained in the Service. 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 preventunauthorized physical access to your computer, phone and other devices, and to protect the
confidentiality of your username and password.
You must exercise caution, good sense, and sound judgment when using the Service. You are
prohibited from violating, or attempting to violate, the security of the Service. Any such violations
may result in criminal and/or civil penalties against you. Sana Direct may investigate any alleged
or suspected violations and if a criminal violation is suspected, Sana Direct may cooperate with
law enforcement agencies in their investigations.
Third-Party Goods and Services; Indemnification
Parties other than Sana Direct, including Pharmacies, the Medical Group and Providers, provide
services or sell products through the Service (collectively,
"Third-Parties"), and Sana Direct 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 the Service and disclosing personal information.
You agree that Sana Direct shall not be responsible or liable for any loss or damage of any sort
incurred as the result of your use of the Service, including any Third-Party Goods and Services
or your interactions with any Third-Parties. 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
Sana Direct is under no obligation to become involved in such dispute, and you hereby release
and indemnify Sana Direct, and its 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, the "Sana Direct 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
the Service or the features and services therein. You agree to defend, indemnify, and hold Sana
Direct and any Third Parties offering products or services through the Service, including the
Medical Group, Providers, and Pharmacies, harmless from and against any and all suits,
actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations,
losses, risks, costs, and expenses (including, without limitation, attorneys' fees and litigation
expenses) relating to or arising from your use of the Service, your fraud, violation of law, or
willful misconduct, any breach by you of this Agreement or your violation of any rights of any
other person or entity. We reserve the right to control the defense of any claim 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.IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION
1542, WHICH STATES: "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.
Right to Monitor
Sana Direct reserves the right to monitor general use of the Service at any time as it deems
appropriate and to remove any materials that, in Sana Direct' sole discretion, may be illegal,
may subject Sana Direct to liability, may violate this Agreement, or are, in the sole discretion of
Sana Direct, inconsistent with Sana Direct' purpose for the Service.
Terms of Sale
All products offered for sale by Sana Direct are subject to availability and we reserve the right to
impose quantity limits on any order we facilitate 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
