Terms & Conditions

2.1 Website Pages and Features in Scope
‍The Website currently includes: (a) a Home page describing A Better Lou’s precision health and concierge membership model; (b) membership information pages describing available programs (including in-home health assessments, lab work, DNA testing, telehealth consultations, and health coaching); (c) an About Us page with information about the team and company mission; (d) a Learn page with educational articles and blog posts; and (e) a Contact Us feature that directs you to a HIPAA-compliant third-party form to submit an interest request.The Website includes a “Patient Portal” button that links to Canvas Medical, the Medical Group’s HIPAA-compliant electronic medical record (EMR) system. The Patient Portal is hosted and operated entirely by Canvas Medical, Inc. and is not part of the Website. Your use of the Patient Portal is governed by Canvas Medical’s terms of service, the Medical Group’s policies and consents, and applicable HIPAA regulations. A Better Lou does not host, store, or have access to clinical data transmitted through the Patient Portal.

4.1 Registration
You agree to provide truthful, accurate, and current information during registration and to keep it current.

4.2 Security and 2FA
You are solely responsible for maintaining the confidentiality of your username and password and for restricting access to your device. Where available, you must enable Two-Factor Authentication (2FA) to secure your account.

4.3 Responsibility for Account Activity
You are responsible for all activity that occurs under your account, whether or not authorized by you.

‍4.4 Liability
A Better Lou MSO, LLC disclaims liability for any losses, damages, or privacy breaches arising from your failure to secure your account, protect your device, or log out after each session.

5.1 Separation of Medical Fees
Subscription fees paid to A Better Lou MSO, LLC strictly cover access to the Platform and non-clinical content. They do not cover the cost of medical care. You remain strictly responsible for all Medicare-mandated copayments, coinsurance, deductibles, and any amounts not paid by Medicare or another payer for clinical services.

5.2 Payment Processing (Stripe)
‍All credit card, debit card, and monetary transactions for Subscriptions occur exclusively through our third-party payment processor, Stripe. By submitting payment information, you agree to Stripe’s terms of service and authorize us to charge your designated payment method on an automatically renewing basis until you cancel. A Better Lou does not store your full credit card number on its servers. Only the minimum amount of information will be used to process payments.

5.3 Auto-Renewal, Cancellation, and Refunds
‍Unless otherwise stated at checkout, Subscriptions renew automatically until canceled. You may cancel at any time through your account settings (if available) or by contacting us at info@abetterlou.com. Cancellation typically takes effect at the end of the current billing period. We do not provide prorated refunds except where required by applicable law.

5.4 No Financing
‍We do not offer, and the Service does not support, third-party financing or “Buy Now, Pay Later” services.

5.5 Pricing Changes
‍We reserve the right to change Subscription pricing at any time. If we change the price of a Subscription, we will provide you with reasonable notice of the change before it takes effect. If you do not agree to the new pricing, you may cancel your Subscription before the price change takes effect.

6.1 Insurance‍
Questions about insurance acceptance, claims, billing, copayments, coinsurance, or deductibles should be directed to the Medical Group. The Medical Group may accept federal insurance programs only to the extent required by applicable law. Membership fees, subscription fees, and other elective services are self-pay. A Better Lou MSO, LLC does not bill, submit claims to, or interact with any insurance program.

7.1 General Prescribing
Prescriptions, when issued, are written solely by licensed clinicians of the Medical Group based on clinical appropriateness and applicable law. Patients may use any licensed pharmacy of their choice. Upon request, please ask your physician during your appointment, or email clinical@abetterlou.com.

7.2 Preferred Pharmacy — Medivera Compounding Pharmacy
‍The preferred pharmacy for medications dispensed through the Medical Group’s clinical programs is Medivera RX, doing business as Medivera Compounding Pharmacy (“Medivera”). Medivera is a duly licensed 503(a) compounding pharmacy. You are not required to use Medivera; you may choose any licensed pharmacy.

Medivera Pharmacy Information:
Legal Business Name: Diversified Pharmacy Inc. DBA Medivera Compounding Pharmacy
‍Address: 5225 Crooks Rd, Troy, MI 48098
‍Phone: (877) 531-1147
‍Fax: (866) 531-1826
‍Website: https://mediverarx.com/
‍LegitScript Certification: Medivera maintains current LegitScript Healthcare Merchant Certification.
‍PCAB Accreditation: Medivera maintains current Pharmacy Compounding Accreditation Board (PCAB) accreditation.

7.3 Pharmacy Independence and Disclaimers
A Better Lou MSO, LLC does not own, operate, or control Medivera or any other pharmacy.
‍Medivera and all other pharmacies operate independently and are not agents, employees, or affiliates of A Better Lou. A Better Lou does not receive compensation, referral fees, or kickbacks from Medivera or any pharmacy. Medication pricing, availability, compounding options, and shipping times are determined solely by the dispensing pharmacy and may vary. A Better Lou is not responsible for pharmacy services, fulfillment, shipping delays, drug interactions, adverse reactions, or the quality of compounded medications.Prescriptions are routed according to patient preference and applicable law. If you wish to use a different pharmacy, inform your clinician or email clinical@abetterlou.com.

‍7.4 LegitScript Compliance
‍A Better Lou is committed to operating in compliance with LegitScript’s Healthcare Merchant Certification standards for telehealth and telemedicine. This includes ensuring that: (a) all clinical services advertised on the Website are provided by appropriately licensed clinicians; (b) prescriptions are issued only after a legitimate clinical evaluation; (c) the preferred pharmacy maintains required licensure, LegitScript certification, and applicable accreditations; and (d) advertising and marketing claims on the Website are truthful, not misleading, and consistent with applicable law and LegitScript standards.

16.1 Exclusion of Consequential and Incidental Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, A BETTER LOU MSO, LLC AND ITS OWNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND AFFILIATES (COLLECTIVELY, THE “ABETTER LOU PARTIES”) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, RELIANCE, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, DATA, USE, OR GOODWILL, COST OF PROCURING SUBSTITUTE SERVICES, PERSONAL INJURY, EMOTIONAL DISTRESS, PAIN AND SUFFERING, OR MEDICAL MALPRACTICE ARISING OUT OF OR RELATING TO: (A) YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE; (B) ANY CONTENT, MATERIALS, INFORMATION, OR SERVICES REFERENCED ON, PROVIDED THROUGH, OR ACCESSED VIA THE WEBSITE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN; OR (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF THE ABETTER LOU PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

16.2 Aggregate Liability Cap
TO THE EXTENT ANY LIABILITY CANNOT BE LAWFULLY EXCLUDED UNDER APPLICABLE LAW, THE TOTAL, CUMULATIVE, AND AGGREGATE LIABILITY OF THE ABETTER LOU PARTIES FOR ALL CLAIMS OF EVERY KIND ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICE, THESE TERMS, OR YOUR RELATIONSHIP WITH A BETTER LOU SHALL NOT EXCEED THE GREATER OF: (I) ONE HUNDRED U.S. DOLLARS (US $100.00); OR (II) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO A BETTER LOU MSO, LLC IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE.

16.3 Acknowledgment of Allocations of Risk
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH IN THIS SECTION 16 REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND A BETTER LOU, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. A BETTER LOU WOULD NOT PROVIDE THE WEBSITE OR SERVICE TO YOU WITHOUT THESE LIMITATIONS.

16.4 Essential Purpose and Enforceability
IF ANY PART OF THE LIMITATION OF LIABILITY IN THIS SECTION 16 IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, THE REMAINING LIMITATIONS SHALL CONTINUE IN FULL FORCE AND EFFECT. THE PARTIES INTEND THAT THE LIMITATIONS IN THIS SECTION BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

16.5 Carve-OutsNothing in these Terms limits:
(a) any rights or remedies that may not be limited under applicable law;
(b) any applicable rights under HIPAA that apply to the Medical Group and your PHI;
(c) your rights under Arizona consumer protection statutes that cannot be waived; or
(d) claims for A Better Lou’s gross negligence, willful misconduct, or fraud.

17.1 Your Indemnification Obligations‍‍
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS A BETTER LOU MSO, LLC AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES, COURT COSTS, EXPERT WITNESS FEES, AND COSTS OF INVESTIGATION AND LITIGATION) ARISING OUT OF OR RELATING TO:

(a) Your access to, use of, or misuse of the Website or Service;
(b) Your violation of these Terms, the Privacy Policy, or any applicable law, regulation, or third-party right (including intellectual property, privacy, and publicity rights);
(c) Any content, information, or data you submit, post, or transmit through or to the Website;
(d) Your fraud, willful misconduct, gross negligence, or criminal conduct;
(e) Any breach of security involving your account credentials or any unauthorized use of your account;
(f) Any dispute between you and a third party arising from your use of the Website; or
(g) Your failure to comply with applicable tax, Medicare, or regulatory obligations.

17.2 Defense and Control
‍A Better Lou reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully in such defense. You agree not to settle any claim subject to indemnification without our prior written consent.

17.3 Survival
‍This indemnification obligation is independent of, and shall not be limited by, any other provision of these Terms. It shall survive the termination, expiration, or cancellation of these Terms and your use of the Website, and shall remain enforceable regardless of whether you continue to use the Website.

23.1 Mandatory Pre-Arbitration Informal Dispute Resolution‍
Before initiating any formal proceeding, including arbitration, you and A Better Lou agree to attempt to resolve any dispute, claim, or controversy (“Dispute”) informally for at least thirty (30) days. To start the informal process, you must send a written notice of the Dispute (“Dispute Notice”) to A Better Lou MSO, LLC, Attn: Legal, 333 N Wilmot Rd, Suite 340, Tucson, AZ 85711 or email info@abetterlou.com. The Dispute Notice must include: (a) your name and contact information; (b) a description of the Dispute; and (c) the specific relief you are seeking. A Better Lou will send any Dispute Notice to your email address on file. The parties agree to negotiate in good faith during this 30-day period. Neither party may initiate arbitration or litigation until the 30-day informal resolution period has expired. Compliance with this pre-arbitration process is a condition precedent to commencing arbitration, and the arbitrator shall dismiss without prejudice any arbitration filed before completion of this process.
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23.2 Binding Arbitration Agreement
IF A DISPUTE CANNOT BE RESOLVED THROUGH THE INFORMAL PROCESS DESCRIBED ABOVE, YOU AND A BETTER LOU MUTUALLY AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE WEBSITE, THE SERVICE, THESE TERMS, THE PRIVACY POLICY, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND A BETTER LOU, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WHETHER ARISING BEFORE OR AFTER THE DATE OF THESE TERMS, AND INCLUDING DISPUTES ABOUT THE VALIDITY, SCOPE, OR ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, SHALL BE DETERMINED EXCLUSIVELY BY FINAL AND BINDING INDIVIDUAL (NON-CLASS) ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES THEN IN EFFECT, EXCEPT AS MODIFIED HEREIN.
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23.2 Binding Arbitration Agreement
IF A DISPUTE CANNOT BE RESOLVED THROUGH THE INFORMAL PROCESS DESCRIBED ABOVE, YOU AND A BETTER LOU MUTUALLY AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE WEBSITE, THE SERVICE, THESE TERMS, THE PRIVACY POLICY, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND A BETTER LOU, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WHETHER ARISING BEFORE OR AFTER THE DATE OF THESE TERMS, AND INCLUDING DISPUTES ABOUT THE VALIDITY, SCOPE, OR ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, SHALL BE DETERMINED EXCLUSIVELY BY FINAL AND BINDING INDIVIDUAL (NON-CLASS) ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES THEN IN EFFECT, EXCEPT AS MODIFIED HEREIN.

The Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, and not any state arbitration law, shall govern the enforceability of this arbitration agreement. The arbitrator shall apply Arizona substantive law (or other applicable law as determined by the arbitrator) consistent with the FAA and applicable statutes of limitations.Exception — Small Claims Court: Notwithstanding the foregoing, either party may bring an individual claim in the small claims court of competent jurisdiction in Pima County, Arizona (or the small claims court in the county of your residence if required by applicable law), provided the claim falls within that court’s jurisdictional limits and remains on an individual (non-class, non-representative) basis.Exception — Injunctive Relief: Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its intellectual property rights, confidential information, or to prevent irreparable harm, pending the outcome of arbitration. Such action shall not constitute a waiver of the right to arbitrate.
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23.3 Class Action Waiver and Jury Trial Waiver
CLASS ACTION WAIVER: YOU AND A BETTER LOU EACH AGREE THAT ALL DISPUTES SHALL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, CONSOLIDATION WITH OTHER ARBITRATIONS, OR ANY OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OF DIFFERENT PERSONS, PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, OR AWARD CLASS-WIDE, COLLECTIVE, OR REPRESENTATIVE RELIEF. IF A COURT OR ARBITRATOR DETERMINES THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THEN THAT CLAIM OR REQUEST FOR RELIEF (AND ONLY THAT CLAIM OR REQUEST FOR RELIEF) SHALL BE SEVERED FROM THE ARBITRATION AND SHALL BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN PIMA COUNTY, ARIZONA, WHILE THE REMAINING CLAIMS SHALL CONTINUE IN ARBITRATION.JURY TRIAL WAIVER: BY AGREEING TO ARBITRATION, YOU AND A BETTER LOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. ABSENT THIS ARBITRATION AGREEMENT, YOU AND A BETTER LOU MIGHT OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING DISPUTES IN COURT, BEFORE A JUDGE OR JURY, AND/OR TO PARTICIPATE IN OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS. EXCEPT AS OTHERWISE PROVIDED IN SECTION 23.2, THOSE RIGHTS ARE WAIVED.
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23.4 Arbitration Procedures and Location
The arbitration shall be conducted by a single neutral arbitrator with relevant experience. The arbitrator shall be selected in accordance with the AAA Consumer Arbitration Rules. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA. The arbitrator’s decision shall be final, binding, and enforceable in any court of competent jurisdiction.Unless you and A Better Lou agree otherwise: (a) for claims of USD $10,000 or less, the arbitration shall be conducted by documents only or by video/telephone hearing at your election; (b) for claims exceeding USD $10,000, arbitration may be conducted in person in Pima County, Arizona, or by video/telephone at the arbitrator’s discretion; and (c) any in-person hearing shall take place in Pima County, Arizona, unless the arbitrator determines that another location is required for the convenience of the parties.
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23.5 Arbitration Fees and Costs
Payment of arbitration filing fees and costs shall be governed by the AAA Consumer Arbitration Rules. If the arbitrator finds that a claim was frivolous or brought in bad faith, the arbitrator may award reasonable attorneys’ fees and costs to the prevailing party.
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23.6 Opt-Out Right
YOU HAVE THE RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN THIS SECTION 23. To opt out, you must send written notice to A Better Lou MSO, LLC, Attn: Legal, 333 N Wilmot Rd, Suite 340, Tucson, AZ 85711 within thirty (30) days of your first use of the Website.

Your opt-out notice must include:
(a) your full name;
(b) your email address associated with your use of the Website;
(c) your mailing address; and
(d) a clear, unequivocal statement that you are opting out of arbitration (for example: “I opt out of the arbitration agreement in the A Better Lou Terms and Conditions”).

Opting out of this provision will not affect any other provision of these Terms. If you do not opt out within the 30-day period, you shall be bound by this arbitration agreement. Opting out will not affect any previous, other, or future arbitration agreements that you may have with A Better Lou.
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23.7 Survival of Arbitration Agreement
This arbitration agreement shall survive the termination, expiration, or cancellation of these Terms, your account, or your use of the Website. It shall remain enforceable regardless of whether you continue to access or use the Website or the Service.