Terms & Conditions of Service

THE WEBSITE AND THE A BETTER LOU SERVICES DO NOT PROVIDE EMERGENCY CARE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY DEPARTMENT IMMEDIATELY. DO NOT USE THE WEBSITE, THE PLATFORM, OR ANY MESSAGING CHANNEL TO SEEK EMERGENCY OR CRISIS CARE. THESE CHANNELS ARE NOT MONITORED CONTINUOUSLY.
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NOTICE: BINDING CONTRACT. PLEASE READ CAREFULLY BEFORE ACCEPTING.
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BY SELECTING THE REQUIRED CHECKBOX, TYPING YOUR NAME, AND ACTIVATING THE CHECKOUT ACCEPTANCE CONTROL, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT. THIS AGREEMENT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING:

YOU HAVE THE RIGHT TO: review this entire Agreement before accepting; print or save a copy for your records; opt out of arbitration within 30 days with no penalty; and request cancellation at any time, with the timing and effect described below. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SELECT THE REQUIRED CHECKBOX OR COMPLETE THE PURCHASE.
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Article 1: PARTIES; WHO PROVIDES THE SERVICES
This Agreement. These Terms and Conditions of Service (this "Agreement") govern the A Better Lou online checkout and nonclinical account functions (the "Platform Services") and your purchase of and participation in A Better Lou treatment plans (each, a "Plan," and together with the Platform Services, the "Services"). Public use of abetterlou.com and its subdomains is governed by the Website Terms of Use linked from the Website and checkout. By accepting this Agreement and selecting the required checkbox, you also affirmatively accept the Website Terms of Use for general Website use, including its dispute, liability, and claim-limitation provisions; this Agreement controls any conflict concerning a Plan, purchase, payment, cancellation, or care. The Practice uses a Practice-controlled secure patient portal and clinical messaging for care and medical records. The Platform may provide nonclinical technology and administrative support, but under the parties' operating model it does not control clinical content or access the Practice's clinical records. The Telehealth and Electronic Signature Consent is incorporated into this Agreement by reference. The Notice of Privacy Practices is furnished and acknowledged with this Agreement and governs the Practice's privacy practices; it is not a contract or a HIPAA authorization. The Website Privacy Policy is a separate notice describing Website, checkout, and other nonclinical Platform information practices and is not a contract or warranty. A medication-specific informed consent will be presented separately when applicable and becomes part of this Agreement when you accept it.
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The Practice. All clinical services are provided solely by ABL Physician Services PLLC (the "Practice"), an Arizona professional limited liability company, through physicians, nurse practitioners, and physician assistants who hold active, unrestricted licenses or other authorization to practice in the state where you are physically located at the time Services are furnished and who comply with that state's telehealth practice requirements, including identity verification, informed consent, examination, prescribing, and recordkeeping standards applicable to the modality and clinical service provided (each, a "Provider," and collectively, the "Providers"). Any health coach, care coordinator, or other support person who assists with clinical care does so under the Practice's direction and does not independently diagnose, treat, prescribe, or make medical decisions. Platform personnel may provide separate nonclinical customer, technology, and account support. The Practice keeps its own medical records and is solely responsible for all medical decisions.
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The Platform. A Better Lou MSO, LLC (the “Platform”) operates the Website and online checkout and provides nonclinical administrative, technology, marketing, and support services to the Practice. Platform personnel may interact with you for nonclinical support, but they do not practice medicine, provide clinical care, exercise clinical judgment, make medical decisions, or direct or control the Practice's independent clinical judgment.
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Independent Clinical Judgment; No Corporate Practice of Medicine. The Practice’s Providers exercise independent professional judgment. The Platform does not own or control the Practice, does not employ its Providers in their clinical capacity, and has no authority over medical decisions, diagnosis, treatment, prescribing, referrals, clinical staffing, or the content of your medical record. The Platform provides its services to the Practice under a written management services agreement. The Practice and the Platform keep separate records and separate finances.
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Parties to this Agreement. This Agreement is between you and both the Practice and the Platform, with each entity a party only as to the provisions that concern its own role, and each entitled to enforce the provisions that benefit or protect it as described in Article 14.
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Effective Date. This Agreement becomes effective for you when you electronically accept it by selecting the required checkbox, typing your name, and activating the acceptance control. Before that acceptance, use of the public Website is governed by the Website Terms of Use, and no Plan or clinical Services are provided under this Agreement.
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Article 2: ELIGIBILITY; CAPACITY AND AUTHORITY
Residents of Service States, 18 and Older. Services are available only to individuals who are at least 18 years old and reside in a state where the selected Plan is active. Each clinical Service may be furnished only while you are physically located in a state that the Practice has activated for the selected Plan and where an appropriately licensed or authorized Provider and the required state workflow are available. A "Service State" is a state that satisfies those requirements and that checkout expressly shows as available for the selected Plan. Arizona is active as of the Effective Date. Illinois becomes a Service State for a selected Plan only when checkout expressly shows that Plan as available there. Temporary travel does not create eligibility in another state; clinical Services will be paused or redirected while you are outside an applicable Service State. The Website may be viewed throughout the United States, but viewing it does not make a Plan or clinical Service available there. You represent that the physical location you provide at the time of each clinical encounter is true and accurate. The Practice may verify your location through attestation, visual observation during video encounters, IP address, or other reasonable means. Providing false location information is a material breach, may violate state telehealth laws, and will result in immediate termination of Services and may be reported to authorities where required.
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Capacity and Personal Acceptance. By accepting, you represent that you are at least 18 years old, have the mental capacity to enter this Agreement, are doing so voluntarily, and are accepting for yourself. The online checkout does not permit a representative, surrogate, parent, guardian, power of attorney, or other person to purchase a Plan, provide the patient's clinical consent, or enroll the patient for someone else.
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Truthfulness as a Condition. Your representations regarding your identity, age, residency, physical location, and medical information are material conditions of this Agreement and of your care. Misrepresenting any of them is a material breach and grounds for immediate termination, and may endanger your health.
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Article 3: THE SERVICES
What the Plans Are. Each Plan is a clinician-directed treatment service purchased through the Website. Depending on the Plan you select, Services are delivered through telehealth as described in the Telehealth and Electronic Signature Consent, including asynchronous review by a licensed Provider of the dynamic online medical questionnaire and health information you submit, secure Practice-portal messaging with your care team, synchronous live audio or audio-video encounters where permitted or required by law, clinically appropriate, or requested, and laboratory testing where your Provider determines it is clinically indicated. State-specific modality and relationship requirements in the Telehealth and Electronic Signature Consent control. The Services included in your Plan are those displayed on the product page and at checkout for the Plan you purchase.
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What the Plans Are Not. The Plans are not insurance, a health plan, primary care, or emergency care. They do not replace your regular doctor or any insurance coverage you may have. Services are not billed to any insurer or government program. The public Website is a marketing and information resource; its content is general and educational, is not medical advice, and using the Website alone does not create a provider-patient relationship, which forms only through the Practice’s intake, evaluation, and consent process. Your use of the public Website is also governed by the Website Terms of Use posted on the Website; if that document conflicts with this Agreement as to the Plans or your care, this Agreement controls.
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Formation of Provider-Patient Relationship. A provider-patient relationship is established only after: (a) you complete the intake process, including the medical questionnaire and any required laboratory testing or synchronous encounter; (b) a licensed Provider reviews your information and clinical history; (c) the Provider determines that treatment via the selected Plan modality is clinically appropriate and legally permissible for you; and (d) the Provider accepts you for care and you affirmatively consent to the proposed treatment. The relationship is governed by the law of the state where you are physically located when Services are furnished. In states that require a synchronous audiovisual encounter or in-person examination before initiating certain treatments or prescribing certain medications, the Practice will not provide those services via asynchronous-only pathways and will inform you of the requirement.
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Clinician Review; Acceptance Not Guaranteed. After you submit your intake questionnaire (and complete any laboratory testing or synchronous evaluation your Plan or the law requires), a licensed Provider will review your information to determine whether treatment is clinically appropriate for you. Acceptance and prescribing are not guaranteed and are at the Provider’s sole discretion. If the Provider determines that asynchronous care is not appropriate for you, you will be offered a synchronous visit or directed to in-person care.
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No Guarantees. The Practice does not guarantee that you will be prescribed any specific medication, therapy, or treatment. Whether you receive any prescription is a clinical decision made solely by the Practice’s Providers. No specific health outcome, weight loss, hormone-level change, laboratory change, or improvement is promised, and statements on the Website about results are general, are subject to substantiation, and are not a promise of results; any testimonials describe individual experiences, and individual results vary.
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Right to Refuse; Effect on Fees. You may ask questions, refuse any Service, or withdraw consent at any time. Refusal of a Service does not by itself constitute grounds for cancellation or refund unless the Practice determines you are no longer suitable for the Plan. If withdrawing telehealth consent leaves no lawful and clinically feasible nontelehealth way to deliver the affected Plan Services, the Practice will determine that you cannot continue the affected Plan, terminate it, and refund prepaid unearned amounts subject to Article 5 and applicable law.
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Article 4: FEES AND BILLING
Plan Fees. The Practice offers a range of Plans. A Plan may include clinical services and medication therapies as well as non-medication services and items, such as coaching and lifestyle support, digital tools and integrations, connected devices, or other products, in any combination, and each Plan is priced separately. Available Plans and included Services are displayed on the Website and may change prospectively. The price, billing frequency, dose tier, and included Services for your selected Plan are those displayed on the product page and at checkout when you purchase and are confirmed in your order receipt. Your Plan fee is billed in advance each billing period. Promotional or introductory pricing, when offered, applies only for the period stated at checkout, after which the stated standard price applies.
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What the Fee Includes. For Plans that include one or more compounded medications, your recurring Plan fee covers the clinical services for your Plan (intake review, Provider evaluation and oversight, monitoring check-ins, and secure messaging), program support and technology, and, if and only if a Provider prescribes them, the compounded medication(s) at the personalized dose tier(s) included in the Plan you selected, including standard shipping. Higher dose tiers, where clinically appropriate and prescribed, are priced as displayed in your account before any change takes effect, and no dose-related price change will be charged without your approval. For Plans built around commercially available (branded) medications, your Plan fee covers the clinical services and support only; the medication itself is dispensed by a pharmacy and paid separately by you, in cash or through your own prescription drug coverage, at the price set by the pharmacy or your plan.
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Medication-Dependent Plans. If the selected Plan requires an included medication and the Provider does not prescribe that medication after the initial review, the Practice will not accept you into that Plan and will issue the full refund described in Article 5. If an included medication is later discontinued, unavailable, or no longer appropriate, the Practice may offer a different Plan or treatment option for your affirmative approval. If you do not approve an alternative, the affected Plan ends and the Practice refunds any prepaid unearned amount. A Plan identified at checkout as clinical-services-only does not include the pharmacy's price for a medication. You will not be charged twice by the Practice for the same medication.
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INITIAL THREE-MONTH TERM AND BILLING
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THE INITIAL PLAN FEE CHARGED AT CHECKOUT IS AN ADVANCE PAYMENT PENDING THE PRACTICE'S CLINICAL ACCEPTANCE. IF THE PRACTICE ACCEPTS YOU, THE FIRST MONTHLY SERVICE PERIOD BEGINS ON THE ACCEPTANCE DATE AND THE PLAN CONTINUES ON A MONTH-TO-MONTH BASIS. THE CHECKOUT FEE APPLIES TO YOUR FIRST SERVICE PERIOD. FEES FOR SUBSEQUENT MONTHLY SERVICE PERIODS WILL BE CHARGED MONTHLY IN ADVANCE, ONE AND TWO MONTHS AFTER THE ACCEPTANCE DATE, RESPECTIVELY. YOU MAY CANCEL YOUR PLAN AT ANY TIME PRIOR TO THE START OF A NEW SERVICE PERIOD SUBJECT TO THE CANCELLATION PROVISIONS IN ARTICLE 5. FEES FOR SERVICES NOT YET RENDERED ARE REFUNDABLE UPON CANCELLATION.
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PRACTITIONER DISCRETION AND CLINICAL STANDARDS (INDIANA COMPLIANCE): PURSUANT TO INDIANA LAW, ANY APPLICABLE PRACTITIONER PROVIDING SERVICES TO YOU MAY REFUSE AT ANY TIME TO PROVIDE TELEHEALTH SERVICES IF, IN THE PRACTITIONER'S SOLE DISCRETION, THE PRACTITIONER BELIEVES THAT HEALTH QUALITY MAY BE NEGATIVELY IMPACTED, OR THAT THE PRACTITIONER IS UNABLE TO PROVIDE THE SAME STANDARDS OF APPROPRIATE PRACTICE AS THOSE PROVIDED IN AN IN-PERSON SETTING.
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NOTICE REGARDING DIRECT PAYMENT (ARIZONA COMPLIANCE): IF YOU ARE AN ENROLLEE OF A HEALTH CARE SYSTEM (A "HEALTH INSURANCE PLAN") WITH WHICH THE PRACTICE OR PROVIDER IS CONTRACTED, YOU ARE NOT REQUIRED TO PAY THE PRACTICE DIRECTLY FOR SERVICES COVERED BY YOUR PLAN, EXCEPT FOR APPLICABLE COST-SHARE AMOUNTS. THE PRACTICE WILL PROVIDE YOU WITH A RECEIPT FOR ALL DIRECT PAYMENTS CONTAINING THE AMOUNT PAID, THE APPLICABLE PROCEDURE AND DIAGNOSIS CODES, AND A CLEAR NOTATION THAT THE SERVICES WERE SUBJECT TO DIRECT PAYMENT.
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Good Faith Estimate. If you qualify as an uninsured or self-pay individual under 45 C.F.R. Section 149.610, the Practice will provide a written Good Faith Estimate when required by law and on request. An estimate for recurring Services may cover a period of up to twelve months and will be updated as required. The estimate is not a contract and does not require your signature or acceptance. If a Provider's or facility's billed charges are at least $400 more than that Provider's or facility's estimate, you may be eligible for the federal patient-provider dispute-resolution process. Information is available at https://www.cms.gov/medical-bill-rights/help/dispute-a-bill.
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Auto-Renewal. After the Practice accepts you, the second and third monthly Plan fees are charged automatically during the Initial Term. After the Initial Term, your Plan renews automatically at the end of each complete monthly Service Period, and you authorize the Practice to charge the payment method on file at the price and frequency shown at checkout until cancellation takes effect. The receipt or account will identify the second and third monthly charge dates and later renewal schedule. The Practice will provide renewal, price-change, and other recurring-payment notices when required by applicable law. You are responsible for maintaining current contact and payment information.
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Illinois Automatic Renewal Notice - For Illinois Residents Only. The following disclosures are made pursuant to the Illinois Automatic Contract Renewal Act, 815 ILCS 601/1 et seq. (the "Act"). By enrolling in a Plan, you acknowledge receipt of this notice prior to or at the time of purchase.

Payment Authorization. By completing checkout, you expressly authorize the Practice, as merchant of record, to charge your designated payment method for the initial advance Plan fee, the second and third monthly Plan fees during the Initial Term, and each recurring Plan fee that becomes due after the Initial Term until cancellation takes effect. The Platform may support checkout, payment administration, receipts, refunds, and account service using the limited transaction information needed for those functions. To the extent a Platform function creates, receives, maintains, or transmits protected health information on the Practice's behalf, the Platform performs that function under the written agreement and safeguards required by HIPAA. This authorization does not permit a charge after cancellation takes effect or for an amount you did not authorize.
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Failed Payments. If a payment fails, the Practice or its payment processor may retry the payment method and ask you to provide a valid method. The Practice may suspend prospective non-emergency Services, pause medication shipments, or decline to process refills while a valid amount remains unpaid, provided that clinical Services will not be interrupted in a manner that violates continuity-of-care duties or endangers you. The Practice may collect valid amounts already due and reasonable collection costs only to the extent permitted by applicable law. No late fee or contractual interest charge applies.
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Payment Disputes; Chargebacks. If you believe a charge is incorrect, contact the Practice promptly so it can investigate and, where appropriate, correct the charge. Knowingly disputing a valid authorized charge may constitute a material breach and may result in termination or lawful collection activity. Nothing in this Agreement limits any chargeback, billing-error, or consumer right that cannot be waived under applicable law or payment-network rules.
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Taxes; FSA/HSA. Prices exclude any applicable taxes, which are shown at checkout. The Practice does not guarantee that any fee is reimbursable through a flexible spending or health savings account; eligibility is determined by your account administrator.
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Article 5: CANCELLATION AND REFUNDS
Cancellation Requests; Initial Term. You may request cancellation at any time. A request received during the Initial Term takes effect at the end of the Initial Term and prevents any later renewal, and, because the Initial Term Program Fee is fully earned at clinical acceptance, cancellation during the Initial Term does not reduce or refund that fee and any unpaid installments remain due on their scheduled charge dates, except where this Agreement or applicable law requires earlier termination or a refund. A request received after the Initial Term stops future renewals and takes effect at the end of the current paid Service Period; no prorated refund is due for that period, consistent with the Ongoing Cancellation clause below. There is no separate cancellation fee.
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How to Cancel. You may cancel in one step through your online account, by email to support@abetterlou.com, through the secure patient portal, or by calling the Practice at (480) 944-3221. No certified mail or in-person visit is required. The Practice will send written confirmation. A cancellation request is treated as received when submitted through one of these methods, subject to reasonable identity verification, and its effective date is determined under the preceding clause.
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Full Refund Before Provider Review; Refund if Not Accepted. If you cancel before a Provider reviews your intake, you receive a full refund of everything paid. If the Practice's Provider determines you are not a suitable candidate, declines to prescribe when prescribing is necessary for the selected Plan, or declines to accept you after review, the Plan does not start and you receive a full refund.
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Current Service Period and Earned Amounts. If you cancel after Provider review and before medication is dispensed or shipped or another nonrecoverable item or Service is actually provided or committed, the Practice will refund the prepaid unearned portion of the current Plan fee. If medication has been dispensed or shipped, the amount attributable to that medication and shipping is nonrefundable except for a dispensing error, damaged shipment, or a refund required by law. For a Plan without medication, the Practice may retain only amounts earned for Services or items actually delivered or provided and nonrecoverable third-party costs actually incurred. Future billing stops when cancellation takes effect.
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Medication Is Non-Returnable. Consistent with pharmacy law and product safety, medication that has been dispensed and shipped cannot be returned, restocked, or refunded, except where the medication arrived damaged, was dispensed in error, or as required by law.
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Required Refunds and Clinical Ineligibility. The Practice will refund prepaid unearned amounts if a Provider determines that you are medically ineligible for or can no longer safely continue the Plan, if the Practice cannot lawfully or materially deliver the promised Services, or when applicable law otherwise requires a refund. Medication already dispensed or shipped remains subject to the Medication Is Non-Returnable clause in this Article and applicable law.
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Ongoing Cancellation. If the Practice receives your cancellation before the next renewal charge is processed, no future renewal will be charged. Unless the Full Refund Before Provider Review, Current Service Period and Earned Amounts, or Required Refunds and Clinical Ineligibility clause above or applicable law requires otherwise, cancellation after a renewal charge applies at the end of the current paid Service Period. No prorated refund is due for Services or items already delivered, actually provided, dispensed, shipped, or nonrecoverably committed.
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Non-Waivable Protections. Nothing in this Agreement waives your rights under the consumer-protection or adult-protective statutes of your state of residence, including Arizona's Adult Protective Services Act (A.R.S. Title 46, Chapter 4) and Consumer Fraud Act (A.R.S. Section 44-1522 et seq.) and the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505).
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Article 6: INSURANCE AND GOVERNMENT PROGRAMS
No Insurance Claims. The Practice does not submit claims to Medicare, Medicaid, TRICARE, the VA, or any private insurer for Plan services or fees. You pay 100% of all Plan fees.
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No Reimbursement Representation. The Practice and Platform do not submit claims and do not represent that Medicare, another government program, or a private plan will reimburse any Plan Service or fee. Coverage and reimbursement depend on the service, payer, and facts. You should verify coverage with the payer before purchase.
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Direct-Pay Arrangement. The Plan is a direct-pay arrangement. Unless the Practice separately agrees in writing, neither the Practice nor the Platform submits Plan charges to a private insurer or government health program, and neither represents that Plan fees are reimbursable. You may request an itemized receipt where available. Nothing in this Agreement waives a right to submit a lawful claim or receive a benefit that applicable law makes nonwaivable, and you must not inaccurately represent that the Practice participates in a payer network, has accepted a payer's terms, or has agreed to bill a payer when it has not.
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Prescription Drug Coverage. When permitted, you may use your own prescription drug coverage to fill a commercially available prescription at the pharmacy of your choice. That pharmacy transaction is separate from the Plan and does not convert the Plan fee into an insurance-covered medical service.
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Covered Needs Referred Out. If you need diagnosis or treatment outside the scope of your Plan, the Practice may refer you to your own clinician or another appropriate provider. That care is not furnished under the Plan and may create separate charges.
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Government-Program and Other Required Documents. If federal or state law requires a separate notice, election, private contract, opt-out process, direct-payment notice, or other document before a particular Service may be furnished on a private-pay basis, that separate process controls and must be completed before the affected Service is provided. This Agreement does not replace a Medicare-specific or other government-program document required by law. Enrollment remains voluntary and is not a condition of receiving unrelated medical care.
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Article 7: MEDICATIONS AND PHARMACY
Prescribing Is a Clinical Decision. Whether any medication is prescribed, which medication, at what dose, and for how long are decisions made solely by the Practice’s Providers based on your individual clinical circumstances, including whether to approve any refill or dose change. No medication is guaranteed with any Plan, and Providers are never compensated based on whether or what they prescribe.
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Commercially Available (Branded) Medications. Where clinically appropriate, Providers offer FDA-approved, commercially available medications. If a branded medication is prescribed, it is dispensed by a licensed pharmacy and you pay the pharmacy or use your own prescription drug coverage for the medication itself, separate from your Plan fee. Product names referenced in the Services are trademarks of their respective manufacturers, which are not affiliated with, and do not sponsor or endorse, A Better Lou.
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Independent Pharmacy; Free Choice. All medications are dispensed by independent licensed pharmacies, not by the Practice or the Platform. No Provider is compensated based on the volume or value of a prescription, test, or referral, and no Provider has an ownership interest in a pharmacy or laboratory used for a Plan. You may ask that a prescription be sent to any licensed pharmacy able and willing to fill it. For a controlled-substance prescription, including testosterone, the pharmacy must also be DEA-registered, licensed or permitted to dispense into the state where you are located, and verified by the Practice, and a Provider may decline to transmit a controlled-substance prescription to a pharmacy that does not meet those requirements, as described in the Telehealth and Electronic Signature Consent. If you choose a pharmacy outside an included fulfillment arrangement, the Practice will disclose any resulting Plan change before the prescription is sent; you may approve the revised arrangement or cancel the affected Plan, and the Practice will not retain an amount for an included medication it does not arrange or provide.
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Compounded Medications. Some Plans include medication prepared for you by a state-licensed compounding pharmacy under section 503A of the Federal Food, Drug, and Cosmetic Act, pursuant to a patient-specific prescription written for you after a Provider determines that a personalized formulation or dose is clinically appropriate for your individual needs. You understand and agree that: compounded medications are not FDA-approved, and the FDA does not review compounded drugs for safety, effectiveness, or quality before they are marketed; a compounded medication is not a generic version of, is not the same as, and is not interchangeable with any FDA-approved medication; it is prescribed only where your Provider documents an individualized clinical reason for a personalized formulation or dose for you, not on the basis of cost, convenience, or general availability; and the specific risks, benefits, and alternatives, including available FDA-approved options, are described in the medication-specific informed consent you sign before the prescription is issued. If your Provider determines a compounded medication is not clinically appropriate for you, you may be offered a commercially available medication or a refund under Article 5.
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No Resale or Sharing. Medications prescribed to you are for your personal use only. You agree not to sell, share, transfer, or otherwise divert any medication or medical supply. Diversion is a material breach, results in immediate termination of the affected services, and may be reported where required by law.
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Shipping. Shipping terms, carriers, and timelines are as displayed at checkout or in your account. You are responsible for providing an accurate delivery address and for storing medication as directed. Report a lost, damaged, or incorrect shipment promptly, and the Practice will work with the pharmacy on replacement where appropriate.
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No Coverage Guarantee. The Practice cannot guarantee any medication will be covered by your drug plan. Coverage is determined by your pharmacy and plan, not by the Practice.
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Controlled Substances; DEA Telemedicine Compliance. Testosterone is the only controlled substance currently offered through a Plan. Before a Provider first prescribes any controlled substance (including testosterone) via telemedicine, the Practice will comply with all applicable federal and state requirements, including the Ryan Haight Online Pharmacy Consumer Protection Act (21 U.S.C. § 829(e)) and DEA implementing regulations. The Practice will not initiate controlled-substance treatment based solely on an asynchronous questionnaire. At least one of the following must occur before initial prescribing: (a) an in-person medical evaluation by a DEA-registered practitioner; (b) a telemedicine encounter conducted in compliance with a then-applicable DEA public health emergency exception or special registration pathway, using live, two-way interactive audiovisual communication and meeting the identity verification, informed consent, medical evaluation, and documentation requirements that apply under then-current federal and state law to the specific patient, substance, and prescribing pathway; or (c) another evaluation pathway expressly authorized by DEA rule or order for the substance and clinical context. Every synchronous encounter the Practice uses to satisfy an initial controlled-substance prescribing requirement will be a live, two-way interactive audiovisual encounter. As a matter of Practice policy, the Practice does not use audio-only encounters for initial controlled-substance prescribing, even where federal or state law would permit audio-only for the specific prescription. After treatment is initiated, a follow-up, refill, or dose-change encounter may be conducted by audio-only communication only when then-current federal and applicable state law expressly permits that modality for the specific prescription, the Provider confirms it satisfies all legal prerequisites, and the Provider determines it is clinically appropriate; the Provider may require audiovisual or in-person care even when audio-only is legally available. Where law or the Provider's clinical judgment requires an in-person medical evaluation, the Practice will direct you to obtain that evaluation and will not prescribe until the applicable requirement is satisfied. The Practice will complete all required identity verification, prescription drug monitoring program (PDMP) checks, medical record documentation, examination, clinical assessment, laboratory testing, DEA registration verification, and other federal and state prerequisites before issuing any controlled-substance prescription. Refills and dose changes remain subject to ongoing compliance with federal and state prescribing, monitoring, PDMP, examination, and encounter-modality requirements. No controlled medication is guaranteed. The Practice may decline, pause, limit, change, or discontinue any controlled-substance prescribing based on clinical judgment, safety concerns, legal or regulatory requirements, PDMP findings, or changes in applicable law. Federal law and the stricter of federal or state law controls. This Section supplements the medication-specific informed consent you will sign before any controlled-substance prescription is issued.
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Illinois Controlled Substance Prescribing. For controlled substances prescribed to patients located in Illinois, the Practice and its prescribers will comply with the Illinois Controlled Substances Act (720 ILCS 570), including applicable Prescription Monitoring Program requirements under Sections 314.5 and 316, and all applicable Illinois administrative rules governing controlled-substance prescribing, prescription limitations, documentation, and recordkeeping.

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Article 8: YOUR RESPONSIBILITIES
Accurate Information. Provide complete and accurate medical history, medications, allergies, identity, location, and contact information, and update them promptly if anything changes. You acknowledge that your failure to provide accurate information may compromise the quality and safety of services and that the Practice relies on the accuracy of your representations, including every answer in your medical questionnaire.
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Keep Your Own Primary Care Provider. The Practice is not your primary care provider. You must maintain your own PCP and usual sources of medical care while enrolled.
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Emergencies. The Services are not for medical or mental health emergencies or crisis intervention. The Platform, Website, secure portal, email, and text channels are not monitored continuously or in real time and must not be used for emergency or crisis care. If you experience a medical emergency, call 911 or go to the nearest emergency department immediately. If you are experiencing a mental health crisis or suicidal thoughts, call or text the 988 Suicide and Crisis Lifeline (call or text 988) or the Crisis Text Line (text "HELLO" to 741741) immediately, or go to your nearest emergency department. Do not wait for a response through the portal or other non-emergency channels.
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Participation. Follow your Provider’s instructions, complete recommended monitoring and check-ins, respond to your care team’s safety questions, and report side effects or concerns promptly. Your Provider may pause or decline refills if required monitoring or check-ins are not completed.
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Account Security. You are responsible for safeguarding your login credentials, for all activity under your account, and for notifying the Practice promptly of any unauthorized use.
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What You Agree Not to Do. You agree not to: (A) submit a false, misleading, duplicate, or otherwise unlawful claim or request for reimbursement, or misrepresent the Practice's payer participation or billing agreement; (B) share your account or portal access with others; (C) sell, share, or divert medication; (D) use the Services for unlawful, fraudulent, or abusive purposes; (E) harass or threaten staff or Providers; (F) misrepresent your identity, residency, age, location, or medical information; or (G) use the Website or Platform Services to break the law, infringe rights, impersonate anyone, interfere with security, introduce malicious code, scrape or harvest data, or reverse engineer non-public features. The Practice and the Platform may investigate misuse and may limit, suspend, or terminate access to protect patients, staff, the Services, or legal compliance, and reserve all rights and remedies available at law or in equity.
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Ending or Restricting the Clinical Relationship; Continuity of Care. You may cancel under Article 5 and may end the clinical relationship at any time. The Practice may end, suspend, or limit the clinical relationship or particular Services when permitted by applicable professional law, including for patient safety, fraud, abuse, diversion, threats, material nonadherence, breakdown of the treatment relationship, nonpayment where legally permitted, Provider unavailability, change in scope, or a legal or regulatory requirement. The Practice will provide notice, transition assistance, and any limited interim care required by applicable nonabandonment and continuity-of-care duties. Immediate restrictions may occur when reasonably necessary for safety, diversion, fraud, abuse, threatened personnel, or legal compliance. Plan cancellation ends prospective Plan Services subject to those duties. Only the Practice and its Providers, not the Platform, may make this clinical decision.
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Article 9: COMMUNICATIONS
Channels. We may contact you through the Practice-controlled secure patient portal, nonclinical Platform account notifications, email, phone, or text. Use the secure Practice portal for health information and asynchronous clinical communication. Platform account notifications, SMS, standard email, and social media are not channels for detailed clinical information.
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Texts and Automated Calls. If you opt in, you consent to receive Plan-related calls and texts from, or on behalf of, the Practice and the Platform at the numbers you provide, including by automatic telephone dialing systems and prerecorded or artificial-voice messages, for scheduling, billing, account, care-logistics, patient-safety reminder, and secure-portal notification purposes. These messages will not contain detailed clinical information. Consent to autodialed or prerecorded marketing messages is separate and optional and is not a condition of purchase. Reply STOP to opt out and HELP for help; one message may confirm your opt-out. Standard message and data rates apply, and you represent that you are the account holder or have the account holder's permission for the numbers you provide; tell us promptly if you change or give up a number.
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Not for Emergencies. Portal, email, and text are not monitored in real time. Do not use them for emergencies.
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Recording. Support calls may be recorded consistent with applicable law, including any prior notice or consent that the law of the applicable state requires. A synchronous clinical encounter may be recorded only after prior notice and any consent required by applicable law. For a clinical recording, every participant must affirmatively consent before recording begins. If a participant refuses or withdraws consent, recording will not begin or will stop, and the encounter may be rescheduled, moved to another lawful workflow, or discontinued as described in the Telehealth and Electronic Signature Consent. The Telehealth and Electronic Signature Consent describes the session-specific recording and artificial-intelligence-assisted documentation process.
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Article 10: PRIVACY
The Practice is a HIPAA covered health care provider, keeps its own medical records, and is responsible for the privacy of protected health information it creates, receives, maintains, or transmits in the course of care. That information is governed by the Practice's Notice of Privacy Practices, not by this Agreement or the Website Privacy Policy. The Platform is a separate entity, and HIPAA status is determined function by function based on the entity, relationship, information, and actual data flow. The Platform does not access the Practice-controlled clinical questionnaires, encounter content, medical records, clinical recordings, transcripts, notes, laboratory results, or prescription records. It may process Website, checkout, consent, account, and transaction information described in the Website Privacy Policy. When and to the extent the Platform performs a function for the Practice that involves protected health information, it acts under the written business associate agreement and safeguards required by HIPAA for that function. This limited role does not make every Platform activity subject to HIPAA or authorize access to Practice-controlled clinical content. Independent laboratories, pharmacies, and payment processors are responsible for their respective privacy practices. Optional advertising and marketing choices remain separate and do not affect care, eligibility, or pricing. The separate, optional, unchecked advertising-measurement choice presented at checkout is governed by the Analytics and Advertising Policy, is not a contract or a HIPAA authorization, is not part of this Agreement, and does not authorize the use or disclosure of Practice medical records or clinical information for advertising. By accepting this Agreement, you acknowledge receipt of the Notice of Privacy Practices. That acknowledgment is not a HIPAA authorization. The Website Privacy Policy is a noncontractual notice of Platform information practices.
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Article 11: NONDISCRIMINATION AND ACCESSIBILITY
The Practice and the Platform do not unlawfully discriminate on the basis of disability, race, color, national origin, religion, sex, including pregnancy, sexual orientation, and gender identity, age, or any other basis prohibited by applicable law, in eligibility, scheduling, clinical care, communication, billing, or termination. Auxiliary aids and services, including qualified interpreters and materials in accessible formats, are provided at no charge where needed for effective communication. The Practice and Platform seek to make the Website, checkout, and medical questionnaires conform to WCAG 2.1 Level AA and applicable accessibility law. A patient who encounters a barrier or cannot complete an online questionnaire because of a disability may request assistance or an alternative encounter format at no additional charge. To request an accommodation or this Agreement in an alternative format, contact support@abetterlou.com.
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Article 12: INTELLECTUAL PROPERTY
Ownership. The Platform or its licensors owns the A Better Lou name, logos, trademarks, Website, checkout, nonclinical software, branding, and nonclinical program materials. The Practice owns its patient medical records and retains exclusive professional authority and final control over clinical protocols, clinical questionnaires, prescribing criteria, medical content, and all patient-specific clinical decisions, regardless of who owns an underlying nonclinical software tool or form template. Nothing in this Article permits the Platform to direct or control clinical judgment.
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Limited License. You are granted a non-exclusive, non-transferable, revocable license to use the Website and program materials solely for your own personal participation while enrolled. You may not copy, share, distribute, sell, modify, or commercially exploit them. This license terminates immediately upon termination of your enrollment.
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Patient Choice and Independent Relationships. Nothing in this Agreement restricts your right to see another provider, use a laboratory, choose a pharmacy, seek a second opinion, or continue an independent relationship. The Practice is not required to purchase, coordinate, or assume responsibility for an outside service or item that is not included in the selected Plan, except as applicable law requires.
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Article 13: LIABILITY LIMITS AND DISCLAIMERS
Platform Services Provided “As-Is.” The Website and the Platform’s technology and administrative support services are provided “as-is” and “as available” without warranties of any kind, whether express or implied. The Platform disclaims all implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permitted by applicable law.
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No Guarantee of Uninterrupted Technology. The Platform does not warrant that the Website or its technology will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or that content will be accurate, complete, or current. You acknowledge that technology services may experience downtime, and the Platform is not liable for any resulting inconvenience or inability to access services.
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Liability Caps for Non-Clinical Claims. The Platform’s total aggregate liability to you for any and all non-clinical claims arising out of or related to this Agreement or the Services, whether in contract, tort, or otherwise, is capped at $1,000.
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No Indirect Damages. Neither the Platform nor the Practice is liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, lost data, loss of business opportunity, or emotional distress, even if advised of the possibility of such damages.
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What These Limits Do NOT Cover. The limits and disclaimers in this Article do not apply to and do not limit: (A) claims arising from gross negligence, willful misconduct, fraud, or intentional misrepresentation by the Practice or Platform; (B) claims for personal injury, bodily harm, or wrongful death; (C) the Practice’s professional malpractice liability, which is fully preserved and governed by the law of the state where you receive care; or (D) rights that cannot be waived or limited under the consumer protection statutes of your state of residence.
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Article 14: INDEMNIFICATION; ENFORCEMENT
Your Indemnity. You agree to indemnify, defend, and hold harmless the Practice, the Platform, and their respective owners, officers, directors, employees, agents, and affiliates from and against any and all third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (A) your breach of this Agreement; (B) your misuse of the Services or technology; (C) your violation of any applicable law or regulation; or (D) your wrongful acts, negligence, or willful misconduct, including diversion or resale of medication.
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Carve-Out. You are not required to indemnify an ABL party to the extent a claim is caused by that party's negligence, professional negligence, breach of this Agreement, willful misconduct, fraud, or violation of law, or to the extent applicable law does not permit the obligation to be shifted to you.
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Notice and Cooperation. The indemnified party will provide prompt written notice of any claim. The indemnified party may control the defense and settlement of a covered claim, and you agree to provide reasonable cooperation. You may not settle a claim in a manner that admits liability on behalf of, or imposes obligations on, an indemnified party without its prior written consent.
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Platform Enforcement. The Platform is a party to this Agreement only as to its own role and may enforce and rely on every provision that benefits or protects it, including Article 13, this Article 14, and Article 15.

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Article 15: DISPUTE RESOLUTION AND ARBITRATION
IMPORTANT NOTICE: BY ACCEPTING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO A JURY TRIAL AND AGREE TO ARBITRATE MOST DISPUTES INDIVIDUALLY, NOT AS PART OF A CLASS ACTION. YOU HAVE 30 DAYS TO OPT OUT OF ARBITRATION WITHOUT PENALTY.
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Arbitration Requirement. Except for the disputes listed in the Exceptions to Arbitration clause below, any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or the Plans, including contract, tort, statutory, fraud, or misrepresentation claims, will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect when the claim is filed, before one neutral arbitrator. The arbitration will be conducted by videoconference or, if an in-person hearing is held, in the county where you reside or as the AAA Consumer Arbitration Rules otherwise provide. Before filing arbitration, a party must give the other written notice of the dispute and 30 days to resolve it informally. The arbitrator, not a court, will decide disputes about the interpretation, applicability, or enforceability of this Article, except that a court will decide any challenge to the class-action waiver. The Federal Arbitration Act, 9 U.S.C. Section 1 et seq., governs this Article.
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No Class Actions or Representative Proceedings. You, the Practice, and the Platform each agree to bring claims against the others only in an individual capacity and not as a plaintiff or class member in any purported class, collective, representative, or private attorney general action. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class, collective, or representative proceeding. This class action waiver is a material and essential term of this Agreement.
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Arbitration Costs and Fees. You will pay no more than the consumer filing fee required by the AAA Consumer Arbitration Rules, subject to any waiver, reduction, or different allocation required by law or AAA. The responding ABL party will pay the remaining AAA administration and arbitrator fees that the Consumer Arbitration Rules require it to pay; if both the Practice and Platform are respondents, they will allocate those amounts between themselves. Each party is responsible for its own attorneys' fees unless applicable law, the AAA rules, or the arbitrator's award provides otherwise. If twenty-five or more arbitration demands raising similar claims are filed against the same party by the same or coordinated counsel, they will be administered in staged batches consistent with the AAA Mass Arbitration Supplementary Rules then in effect, and applicable limitation periods are tolled for demands awaiting their batch.
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Exceptions to Arbitration. Mandatory arbitration does not apply to: (A) an eligible individual claim filed and maintained in small claims court where the claim is within that court's subject-matter and monetary jurisdiction; (B) a claim seeking only temporary restraining order, preliminary injunction, or other equitable relief to protect intellectual property rights or enforce confidentiality obligations, which may be brought in court; (C) a claim alleging professional negligence, medical malpractice, wrongful death, or breach of the applicable clinical standard of care by the Practice or its Providers, which may be brought in a court of competent jurisdiction in the state where care was furnished; (D) a claim arising under the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/1 et seq.), the Illinois Automatic Contract Renewal Act (815 ILCS 601/1 et seq.), the Arizona Consumer Fraud Act (A.R.S. § 44-1522 et seq.), or another state consumer protection statute that by its terms or applicable judicial interpretation prohibits mandatory arbitration of claims under that statute or grants the claimant an election to proceed in court, which you may bring in the forum and manner that statute permits; (E) a claim arising under a nonwaivable adult-protective services law, including the Illinois Adult Protective Services Act (320 ILCS 20/1 et seq.) and the Arizona Adult Protective Services Act (A.R.S. Title 46, Chapter 4), which may be brought in the manner that statute permits; or (F) any other claim that applicable law makes non-arbitrable or grants you an unwaivable right to bring in court. This list is not exclusive; if a law prohibits arbitration of a particular claim or grants you a forum choice, that law controls.
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Notice to Illinois Residents Regarding Arbitration. Illinois law provides important consumer protections. You are not required to agree to arbitration as a condition of receiving medical care or enrolling in a Plan. You have the right to opt out of this arbitration provision within thirty (30) days without penalty, cost, or effect on your eligibility or care, as described in the 30-Day Opt-Out section below. Even if you do not opt out, you retain the right to bring certain claims in court as described in the Exceptions to Arbitration section, including professional negligence claims, claims under Illinois consumer protection laws that prohibit mandatory arbitration, and claims that applicable law makes non-arbitrable. Choosing to arbitrate or not to arbitrate will not affect the quality, availability, or price of your care.
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30-Day Opt-Out. An opt-out under this Section applies to arbitration under this Agreement. The Website Terms of Use contains a separate arbitration provision governing general Website use, with its own 30-day opt-out sent to A Better Lou MSO, LLC, 333 N Wilmot Rd Ste 340-16, Tucson, AZ 85711, or privacy@abetterlou.com, as described in Section 10.5 of the Website Terms of Use. Opting out under one document does not opt you out under the other; to opt out of both, send a separate notice under each document within its 30-day period. Opting out of either provision has no effect on your eligibility, pricing, or care.
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No Retaliation for Opting Out or Asserting Legal Rights. The Practice will not retaliate, discriminate, or take any adverse action against you for: (a) opting out of arbitration; (b) pursuing any claim in arbitration, court, or any administrative forum; (c) refusing to sign or accept this Agreement and seeking care elsewhere; or (d) exercising any legal right under federal or state law, including consumer protection, privacy, healthcare, or civil rights laws. Retaliation includes but is not limited to denying services, charging different fees, altering the quality of care, terminating the relationship without clinical or legal cause, or treating you differently in any manner because you opted out or asserted a legal right. This prohibition applies to both the Practice and the Platform in their respective roles.
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Enforceability and Severability. If the class-action waiver above is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and decided by a court, and all other arbitrable claims will proceed in arbitration. If any other part of this Article is found unenforceable, the remainder will remain effective to the fullest extent permitted by law.
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Platform Enforcement of This Article. The Platform may enforce this Article and compel arbitration of any claim asserted against it arising out of or relating to this Agreement or the Services, on the same terms set out in this Article, including the class-action waiver, fee allocation, carve-outs, and 30-day opt-out. This Article also extends to each party's owners, officers, employees, Providers, and affiliates, who may enforce it on the same terms.
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Venue for Non-Arbitrable Claims. Any dispute not subject to arbitration under this Article 15 will be brought as follows: (A) a claim for professional negligence, medical malpractice, wrongful death, or breach of the clinical standard of care may be brought in a state or federal court of competent jurisdiction in the state where the clinical care that is the subject of the claim was furnished; (B) a claim arising under a state consumer protection, automatic renewal, adult protective services, or other statute that by its terms designates or permits a specific forum may be brought in the forum that statute permits; (C) a claim arising under Illinois law or brought by an Illinois resident concerning consumer protection, privacy, or healthcare regulation may be brought in a state or federal court of competent jurisdiction in Illinois; (D) a claim arising under Arizona law or brought by an Arizona resident concerning consumer protection, privacy, or healthcare regulation may be brought in a state or federal court of competent jurisdiction in Arizona, including Pima County; and (E) all other non-arbitrable claims will be brought exclusively in the state or federal courts located in Pima County, Arizona. You consent to personal jurisdiction and venue in the applicable court under this Section to the extent permitted by applicable law and constitutional due process. If applicable law requires a different forum or prohibits the forum selection in this Section, that law controls.
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Article 16: ELECTRONIC RECORDS AND SIGNATURES
You consent to conduct enrollment and receive records and disclosures electronically, including this Agreement, the Website Terms of Use, the Telehealth and Electronic Signature Consent, the Notice of Privacy Practices, the Website Privacy Policy, any Good Faith Estimate, medication-specific consents, and ongoing Plan and account communications. Your typed name, selection of the required unchecked checkbox, and activation of the checkout acceptance control are your electronic signature under the federal E-SIGN Act, 15 U.S.C. Section 7001 et seq., and applicable state electronic-transactions law. That signature applies only to this Agreement, the Website Terms of Use, and affirmative consents that expressly call for acceptance. A Notice of Privacy Practices, Website Privacy Policy, or Good Faith Estimate is delivered or acknowledged only and is not signed, accepted, incorporated, or converted into a contract. The required checkbox states: "I agree to the Terms and Conditions of Service, including the billing terms above, and the Website Terms of Use, consent to the Telehealth and Electronic Signature Consent, acknowledge receipt of the Website Privacy Policy and Notice of Privacy Practices, and confirm that I can access, save, or print the linked electronic records." The documents are presented through conspicuous direct links next to that checkbox. You may request paper copies without charge, withdraw electronic delivery prospectively without penalty, update contact information through the portal or support, and receive future required written records on paper. You need a current browser, internet access, an email account, PDF-viewing and saving capability, and storage to retain copies. The audit record captures the exact document version or cryptographic hash, typed name, date and time, IP address, browser or user-agent information, checkbox event, and tamper-evident transaction or verification data. Signed clinical consents are maintained in the Practice's medical record, and signed documents and audit records are retained for periods required by applicable law and record-retention policy.
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Article 17: GENERAL TERMS
Governing Law. This Agreement and the relationship among you, the Practice, and the Platform are governed as follows: (a) Clinical Services, professional duties, and malpractice claims are governed exclusively by the law of the state where you are physically located when the clinical Service is furnished, including that state's healthcare licensing laws, telehealth practice standards, professional negligence and malpractice law, scope-of-practice rules, prescribing and dispensing regulations, informed consent requirements, medical record and confidentiality duties, and continuity-of-care obligations; (b) Consumer protection, subscription, payment, cancellation, and refund terms (Articles 4 and 5, and related provisions of Articles 1, 2, and 9) are governed by the consumer protection and commercial law of your state of residence at the time of enrollment, without regard to conflict of laws principles, and you retain the benefit of any consumer protection, automatic renewal, cancellation, refund, or unfair trade practice law of your state of residence that cannot be waived or avoided by contract; (c) Privacy, data protection, and breach notification (Article 10 and related privacy notices) are governed by HIPAA (45 C.F.R. Parts 160 and 164) and the privacy, data breach, and biometric information laws of your state of residence, including the Illinois Personal Information Protection Act, Illinois Biometric Information Privacy Act, and comparable Arizona statutes, with the stricter standard controlling; (d) Arbitration enforceability, procedure, and scope (Article 15) are governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and, to the extent state law supplements or limits the FAA's application to consumer healthcare arbitration clauses, by the law of your state of residence; and (e) All other provisions, including intellectual property (Article 12), general contract interpretation, amendment, severability, and assignment (Article 17), are governed by the laws of the State of Arizona, without regard to its conflict of laws principles, except that nothing in this subsection deprives you of the protection of any mandatory consumer protection, healthcare, or public policy law of your state of residence that cannot be varied by agreement. This Section does not limit any federal law that preempts state law.
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Entire Agreement and Document Status. This Agreement, together with the Telehealth and Electronic Signature Consent and any medication-specific informed consent you accept, constitutes the entire agreement among you, the Practice, and the Platform regarding your Plan and the clinical and nonclinical Services provided under it. It supersedes any prior agreement concerning the same Plan. The Website Terms of Use is affirmatively accepted with checkout and separately governs general Website use; if it conflicts with this Agreement as to a Plan, purchase, payment, cancellation, or care, this Agreement controls. The Notice of Privacy Practices is furnished and acknowledged as a legally required notice and is not a contract or HIPAA authorization. The Website Privacy Policy is a separate notice of information practices, not a contract or warranty. A Good Faith Estimate is an estimate, not a contract, and does not require acceptance.
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Amendment. The Practice or Platform may update this Agreement prospectively on at least 30 days' written notice when the change is material. A material price increase or reduction in included Services will not apply before the next renewal after the notice period. You may cancel before the change takes effect and incur no future charge. Continued participation after the change takes effect constitutes acceptance to the extent permitted by law. Changes required to comply with law or address an urgent safety or security issue may take effect sooner when reasonably necessary, with notice as required by law.
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Severability. If any provision is held invalid, illegal, or unenforceable by a court or arbitrator, it will be modified to the minimum extent necessary to make it enforceable, or if it cannot be, severed; the remaining provisions remain in full force and effect.
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No Waiver. Failure to enforce a provision or exercise a right is not a waiver. A waiver must be in writing and signed by the party granting it.
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Assignment. You may not assign, transfer, or delegate this Agreement or any rights or obligations under it without the Practice’s prior written consent. The Practice and the Platform may assign this Agreement to a successor entity or affiliate on 30 days’ written notice to you. This Agreement binds and inures to the benefit of the parties and their permitted successors and assigns.
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Notices. Notices must be in writing and are deemed given when delivered personally, sent through the secure portal, sent by email to the address you provide or to support@abetterlou.com, or sent by confirmed delivery through a nationally recognized courier. You are responsible for maintaining current email and mailing addresses. Privacy-right and clinical-record requests should follow the Notice of Privacy Practices or Website Privacy Policy, as applicable.
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Survival. The following survive termination or expiration of this Agreement: Article 4 to the extent amounts are owed, Article 10, Article 12, Article 13, Article 14, Article 15, Article 16, and the provisions of Article 17 that by their nature should survive.
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Change of Law. If a change in any law, regulation, or official interpretation materially affects the legality, tax treatment, or core terms of this Agreement (including the private-pay, no-claims posture, the availability of any medication or compounding pathway, or the relationship between the Practice and the Platform), the parties will negotiate in good faith to amend it to comply while preserving its original intent. If they cannot agree within 30 days, the Practice may terminate the affected arrangement on written notice, and prepaid fees for services not yet rendered will be refunded.
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Force Majeure. No party is liable for a failure or delay caused by an event beyond its reasonable control, including a natural disaster, epidemic or public-health emergency, government action, supply or vendor failure, medication interruption, utility failure, transportation interruption, or cyberattack. The Practice will not charge for Services it cannot deliver and will refund prepaid unearned amounts. After 60 continuous days, either party may terminate the affected Plan without penalty. Nothing in this clause relieves a Provider of continuity-of-care duties or limits a right that cannot be waived.
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Accessibility; Headings. If you require this Agreement in an alternative format due to a disability, contact support@abetterlou.com. Article and section headings are for convenience only and do not affect interpretation.
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Article 18: CONTACT
Practice, including care, billing, cancellation, records, and Good Faith Estimates: ABL Physician Services PLLC, 333 N Wilmot Rd Ste 340-18, Tucson, AZ 85711; support@abetterlou.com; privacy@abetterlou.com; (480) 944-3221; secure portal: https://abetterlou.canvasmedical.com/app/login. Platform, including Website, checkout technology, and nonclinical support: A Better Lou MSO, LLC, 333 N Wilmot Rd Ste 340-16, Tucson, AZ 85711; support@abetterlou.com; privacy@abetterlou.com; (520) 524-3202. These channels are not monitored continuously, are not secure for urgent medical information, and are not for emergencies.
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ELECTRONIC SIGNATURE AND ACCEPTANCE
BY TYPING YOUR NAME, SELECTING THE REQUIRED UNCHECKED CHECKBOX, AND ACTIVATING THE CHECKOUT ACCEPTANCE CONTROL, YOU ACKNOWLEDGE, AGREE, AND REPRESENT THAT:
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You confirm that you reviewed this Agreement and the Website Terms of Use and understand their arbitration, class-action and jury-trial waivers, liability limits, claim-time limits, monthly auto-renewal, cancellation, and three-month-minimum-commitment terms. You are the adult patient, have capacity, accept for yourself, reside in an active Service State, and are not using checkout for another person. Your required checkbox states: "I agree to the Terms and Conditions of Service, including the billing terms above, and the Website Terms of Use, consent to the Telehealth and Electronic Signature Consent, acknowledge receipt of the Website Privacy Policy and Notice of Privacy Practices, and confirm that I can access, save, or print the linked electronic records."