Terms of Service
Last updated: 4/29/2026
BY CHECKING THE RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THIS TERMS AND CONDITIONS OF USE, DO NOT CREATE AN ACCOUNT OR USE THE SERVICES PROVIDED BY PIPER WELLNESS LLC d/b/a JOINPOLLY.
BINDING ARBITRATION NOTICE: YOU AND WE AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THIS TERMS AND CONDITIONS OF USE OR THE SERVICE, WITH LIMITED EXCEPTIONS, WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION AND YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW.
IF YOU HAVE A MEDICAL EMERGENCY, PLEASE SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. DO NOT ACCESS JOINPOLLY FOR EMERGENCY OR CRISIS CARE
1. Introduction
1.1 Piper Wellness LLC d/b/a JoinPolly ("Polly," "we," "us," or "our") owns and operates the website located at www.joinpolly.com, including all subdomains and related websites that link to this Terms and Conditions of Use (collectively, the "Website"). The Website and the services, features, content, and functionality made available through it are referred to collectively as the "Services."
1.2 In this Terms and Conditions of Use (the "Terms"), "you" and "your" refer to any individual who accesses or uses the Services. This Terms and Conditions of Use govern your access to and use of the Services and describe your rights and obligations in connection with them. By accessing or using the Services, you agree to be bound by this Terms and Conditions of Use and all applicable laws and regulations.
2. Your Relationship with Us and Eligibility
2.1 JoinPolly is not a healthcare provider and our Services do not provide healthcare or healthcare advice to any individual. Rather, our Services connect registered users (“Users”) with certain products and services sold or offered by us or by third party healthcare providers and pharmacies with which we do business (“Providers”). Our Services facilitate User access to Providers, provide administrative and support services on behalf of Providers, and manage certain aspects of the User experience. Your relationship with us is a merchant-customer relationship should you choose to use our Services.
2.2 The Providers employ or contract with licensed physicians and health professionals who offer certain healthcare services through our Services. We do not control or interfere with the practice of medicine. The Provider is solely responsible for directing the medical care and treatment they provide to you. By accepting this Terms and Conditions of Use, you acknowledge and agree that we are not a healthcare provider and that by using the Services, you are not entering into a doctor-patient or other healthcare provider-patient relationship with us.
2.3 The Services are available only to persons that are age 18 or older and who are located in the United States. We make no claims or representations that the Services or any material included in the Services are accessible or appropriate outside of the United States. Providers may refuse service to you if you are not located in the United States. Certain products available through the Services may be subject to additional age restrictions, and not all products or services are available to all ages.
2.4 You must have compatible devices, access to the Internet, and certain software to access our Services. Fees and charges may apply to your use of mobile services and to the Internet.
3. Privacy of Personal Information
3.1 In connection with your use of the Website and the Services, you may provide to us, or we may collect from you, certain personal information. We maintain policies regarding the collection and processing of such personal information.
3.2 Personal information collected through your use of our general informational webpages is subject to our Privacy Policy. This Privacy Policy is available in the footer of the specific webpages to which it applies.
3.3 In other instances, such as when you enroll for services from a Provider or we assist a Provider in providing services to you (e.g. processing prescriptions), we are acting on behalf of the Provider in the role of a HIPAA “Business Associate.” The information we collect and process in these instances is subject to our HIPAA Notice.
4. Financial Responsibility for Services
4.1 We are not a healthcare provider and thus we do not accept commercial health insurance plans, are not in-network for any health plan, and are not enrolled in any federal or state healthcare programs. The Providers offering healthcare services through the Services similarly do not accept or participate in any commercial, private or public health plan. By choosing to use the Services, you are specifically choosing to obtain products and services on a cash basis outside of any federal or state healthcare program. Thus, by agreeing to use the Services, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services on a cash basis outside of any federal or state healthcare program and you have sole financial responsibility for all services or products provided to you by or through the Services; and (2) no claim will be submitted for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services.
4.2 We receive and process payments for and on behalf of the Providers. All payments are to be made to us in accordance with this Terms and Conditions of Use.
5. The Services
5.1 The Services we provide may include the following and are subject to change:
· Providing general educational information on healthcare and wellness.
· Providing access to Providers who are licensed in your state of residence.
· Providing access to direct mail pharmacy services.
· Development and gathering of healthcare records and healthcare information with retention of the same for use in healthcare provider appointments, communications, and pharmacy services, all of which are provided by third-party unaffiliated providers.
· Administrative support in connection with scheduling, payment for healthcare provision, and processing of payments related to pharmacy fulfillment.
· Customer support for using the Services.
5.2 Our Services are not, and should not be considered, medical treatment. You should always talk to an appropriately qualified healthcare professional for final diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. We do not recommend or endorse any specific tests, Providers, medications, products, or procedures.
5.3 Certain products and services available for purchase through the Services require that you purchase the product and/or service on an automatically renewing subscription basis. For subscription-based products and services, your payment method will be automatically charged at regular intervals as described for that product or service during the checkout process. You may cancel or pause a subscription at any time and cancellations and refunds are governed by the Refund and Cancellation Policy.
5.4 Certain products available through the Services require a valid prescription by a licensed healthcare provider. If a Provider determines a prescription product is appropriate for you and writes a prescription, you will receive information about your options for filling the prescription. Certain prescriptions can be filled through one of the pharmacies in our network or you may fill the prescription at any pharmacy of your choice. If you fill a prescription with a pharmacy in our network, you agree and understand that your prescription(s) may be filled by and transferred between any of the pharmacies we work with, and you agree that we may transfer your prescriptions between pharmacies on your behalf. We may do so in order to prevent gaps in care, address availability concerns, or for other similar purposes. We will provide you notice of any such transfer. We do not control or interfere with any professional service provided by the pharmacies, each of which is solely responsible for any pharmacist-patient relationship established and for their provision of professional services rendered via the Service.
5.5 If you fill a prescription through one of the pharmacies in our network, the prescription product is shipped to you by the pharmacy and the costs associated with the prescription are included in the total charged to you by the Services as described in your subscription plan. If you fill a prescription with a pharmacy other than the pharmacies in our network, the Services will send the prescription to your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product.
5.6 Certain laboratory products and services coordinated through the Services, including at-home testing kits and services, require a valid prescription or order by a licensed healthcare provider. You will not be able to obtain such laboratory services unless a Provider has reviewed your consultation intake, the Provider has determined the laboratory product and/or service is appropriate for you and the Provider has prescribed or ordered the laboratory product and/or service.
5.7 In some cases, a particular product or service made available through the Services may not be appropriate for you. For example, certain medical conditions may require an in-person examination/procedure or a healthcare provider not offered via Services. In such a case, you may receive notification that you will be unable to use the Services for the particular issue you submitted with additional information regarding next steps.
6. User Accounts
6.1 You may be required to create an account to access and use all or parts of the Services. If you create an account, you agree to provide information that is accurate, complete, and correct, and to accurately maintain and update any information about yourself that you have provided to us. If you do not keep such information current, or fail to submit truthful, accurate and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Services. Accounts are individual-only and you may not use another User’s account at any time.
6.2 You agree to keep confidential your username and password and to exit from your account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the security and confidentiality of your password. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section. We may take any and all actions we deem necessary or reasonable to maintain the security of the Services and User accounts.
7. Use of Telehealth Services
Certain Services may include facilitating telehealth consultations between you and a Provider. “Telehealth” means the delivery of healthcare services by a Provider to a patient who is not in the same physical location, through electronic communications, information technology, or other remote means. Telehealth services may offer certain potential benefits, but they also involve risks, including, without limitation, technical failures, limitations in the transmission of medical information, and potential privacy or security risks. Telehealth is not appropriate for all medical conditions and is not a substitute for in-person evaluation or treatment in all circumstances. As a condition of receiving telehealth Services, you will be required to review and electronically sign a separate informed consent relating to telehealth, which will be provided through the Services.
8. Acceptable Use and Intellectual Property
8.1 Subject to your compliance with this Terms and Conditions of Use, we grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services and its content for your personal, non-commercial purposes only. You agree not to:
Copy, reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any portion of the Services, except as expressly permitted by this Terms and Conditions of Use.
Use any data mining, scraping, or similar data-gathering or extraction methods.
Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services.
Use the Services in any manner that could interfere with their proper operation or with any other person’s use of the Services.
Use the Services for any unlawful, fraudulent, or harmful purpose, or in any way prohibited by this Terms and Conditions of Use.
8.2 The Services and all of their contents and functionality, including text, data, software, images, video, audio, logos, trademarks, service marks, source code and other materials (collectively, the “Content”), are owned by JoinPolly, its licensors, or other providers and are protected by United States and international intellectual property laws. You may use the Services and Content only for your personal, non-commercial purposes. Except for limited personal use (such as temporary copies created by your computer or browser, or printing a reasonable number of pages for your own reference), you may not copy, distribute, modify, display, perform, republish, download, store, transmit, or create derivative works from the Content without our prior written consent.
8.3 You may not use Polly’s names, logos, trademarks, or other proprietary information without Polly’s express written permission. Any unauthorized use of the Services or Content will result in termination of your right to use the Services and may violate copyright, trademark, and other laws. All rights not expressly granted to you in this Terms and Conditions of Use are reserved by Polly and its licensors. Nothing in this Terms and Conditions of Use transfers to you any ownership or other intellectual property rights in or to the Services or the Content.
8.4 If you provide us with any feedback, suggestions, ideas, comments, or recommendations regarding the Services (collectively, “Feedback”), you agree that such Feedback is provided voluntarily and without any expectation of compensation, confidentiality, or restriction. Subject to applicable law, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, modify, adapt, create derivative works from, disclose, and otherwise exploit the Feedback for any lawful purpose, including to operate, improve, and promote the Services, without any obligation to you. You represent and warrant that you have all rights necessary to provide the Feedback and to grant the foregoing license. To the extent permitted by applicable law, you waive any moral rights or similar rights you may have in the Feedback.
9. Your Relationship with Providers
9.1 Providers are independent professionals and are not employees, agents, partners, joint venturers, or representatives of Polly. We do not practice medicine or any other licensed profession, and we do not provide medical advice, diagnosis, or treatment. Polly does not control, direct, supervise, or interfere with the clinical judgment of any Provider. Providers are solely responsible for all healthcare services they render, including the quality, appropriateness, and legality of such services, compliance with applicable laws and professional standards, maintenance of licensure, and fulfillment of any applicable informed consent requirements.
9.2 Polly’s role is strictly limited to providing a technology platform and related administrative support services that facilitate communications between you and Providers. Polly is not a party to any provider–patient relationship, does not employ or engage Providers to deliver medical services to you, and does not receive or share in professional fees for medical services except as permitted by applicable law.
9.3 Any provider–patient relationship is formed, if at all, solely between you and the applicable Provider, in the independent discretion of you and the Provider. Polly does not guarantee that a provider–patient relationship will be established and disclaims any responsibility for a Provider’s acts or omissions. To the fullest extent permitted by law, Polly shall not be liable for any claims, injuries, losses, or damages arising out of or relating to the acts or omissions of any Provider.
10. Term and Termination
10.1. The Terms will remain in full force and effect as long as you continue to access or use the Services.
10.2 You may terminate this Terms and Conditions of Use by cancelling the Services through the cancellation methods described in our Refund and Cancellation Policy ; provided that this Terms and Conditions of Use will continue to apply to your access to and use of the Website.
10.3 We may terminate or suspend any of the rights granted by this Terms and Conditions of Use and your access to and use of the Services upon any of the following: (a) cessation of the Services by Polly, which may occur in Polly’s sole discretion; (b) a material violation of this Terms and Conditions of Use by you, including but not limited to actual or reasonably suspected unlawful or fraudulent use of the Services by you; (c) inappropriate or unauthorized access to or use of your account; (d) any change in law that adversely affects the performance or provision of the Services, as determined in our sole discretion; and (e) Polly’s sale, reorganization or cessation of operations.
10.4 Upon termination or suspension of your access to the Services for any reason, and subject to applicable law, Polly shall have no further obligation to provide the Services or to perform under this Terms and Conditions of Use. Subject to applicable law and our internal record retention policies, Polly may maintain, delete, or destroy communications, content, or other materials submitted to or stored within the Services. For a limited period following termination (as determined by Polly in its reasonable discretion and as required by applicable law), you may have the opportunity to access and download certain personal information maintained in your account. Polly does not maintain medical records created by Providers in the course of delivering healthcare services. Medical records are maintained by the applicable Provider, who is solely responsible for complying with applicable record retention and access laws. If you wish to obtain copies of your medical records, you must submit a request directly to the treating Provider. At your request and to the extent permitted by applicable law, Polly may facilitate communications between you and a Provider regarding such records, but Polly does not control and is not responsible for a Provider’s response to such requests. You may also request that a Provider transfer your medical records to another healthcare provider of your choosing, subject to applicable law and the Provider’s policies and professional obligations. The following provisions shall survive any termination or expiration of this Terms and Conditions of Use: Sections 4.2, 8, 9.3, 10.4, 10.5, 11 – 13, and 16-17 of this Terms and Conditions of Use, the Privacy Policy, the HIPAA Policy, all terms relating to payments and refunds and returns, and any other provisions that by their nature are intended to survive.
10.5 You agree that if your use of the Services is terminated pursuant to this Terms and Conditions of Use, you will not attempt to use the Services in any way (other than the Website), and further agree that if you violate this restriction after such termination, you will indemnify and hold us harmless from any and all liability that we may incur as a result.
11. No Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICES, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICES. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000, PROVIDED THAT IN THE CASE OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT SUCH LIMITATION SHALL BE $2,500.
13. Indemnification
13.1 To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Piper Wellness LLC and its affiliates, and their respective officers, directors, members, managers, employees, agents, successors, and assigns, from and against any and all third-party claims, demands, actions, proceedings, investigations, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys’ fees and legal expenses) arising out of or relating to: (a) your access to or use of the Services; (b) your violation of this Terms and Conditions of Use; (c) your violation of any applicable law, rule, or regulation; (d) your infringement, misappropriation, or violation of any third-party right, including any intellectual property, privacy, publicity, or confidentiality right; or (e) any content, information, or materials submitted or transmitted by you through the Services.
13.2 Polly reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with Polly in the defense of any such claim. You may not settle any claim that imposes any obligation or liability on any Polly Party without Polly’s prior written consent.
14. Electronic Communications
14.1. By opting-in to receive text (SMS) messages from us or by sending us an initial text message (an "SMS Enrollment"), you consent to receiving text messages regarding your account and use of the Services. These text messages may include order confirmations, shipping notifications, notification of messages from your Provider, and other transactional messages, as well as promotional and marketing notifications, to the extent you have opted-in to receive such messages from us.
14.2. You acknowledge and agree that you will be responsible for all messaging and other data charges that may apply for any text messaging.
14.3. Access to the Services is not conditioned upon your consent to receive marketing or promotional text messages from us, and you can opt-out of any SMS services at any time by texting "STOP" or similar to the message received, from the mobile device that is subscribed to receive the SMS messages.
14.4 You also acknowledge and agree that while we take your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from us are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk. By initiating an SMS Enrollment, you consent to sending text messages to us, and receiving text messages from us, which are not encrypted. Likewise, by emailing us or giving us your email, you consent to receiving unencrypted email messages from us.
15. Copyright and DMCA
15.1 We comply with the provisions of the Digital Millennium Copyright Act ("DMCA") applicable to Internet service providers (17 U.S.C. § 512, as amended), and respond to clear notices of alleged copyright infringement. It is our policy to terminate use of the Services by any user who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent.
15.2 If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
15.3. The contact email for our Copyright Agent for notice of claims of copyright infringement is: legal@joinpolly.com.
16. Governing Law and Dispute Resolution
16.1. The Services are controlled by Polly from its offices within the State of Florida, United States. By accessing the Services, you agree that all matters arising from or relating to the use of the Services, this Terms and Conditions of Use, the Privacy Policy, the Refund and Cancellation Policy, the Shipping Policy, the HIPAA Notice or any other policy linked to from the Website or the Services shall be governed by the laws (both substantive and procedural) of the State of Florida and the laws of the United States of America, without regard to the conflicts of laws principles. You also agree, and by using the Services hereby submit, and except where arbitration is required, to the exclusive personal jurisdiction and venue of the courts of the State of Florida relating to any dispute arising out of your use of the Services.
16.2 If you have any concern or dispute regarding the Services, this Terms and Conditions of Use, the Privacy Policy, the Refund and Cancellation Policy, the Shipping Policy, the HIPAA Notice or any other policy linked to from the Website or the Services (“Claim”), you agree to first try to resolve the dispute informally and in good faith by contacting us and providing a written Notice of Claim to the address provided in Section 17.1. The Notice of Claim must provide Polly with fair notice of your identity, a description of the nature and basis of your Claim, and the relief you are seeking, including the specific amount of any monetary relief you are seeking, and cannot be combined with a Notice of Claim for other individuals. If any dispute related to your Claim is not resolved within 45 days of Polly’s receipt of the Notice of Claim, any resulting legal actions must be resolved through final and binding arbitration administered by a single neutral arbitrator located in Florida to be agreed between the parties (such as a retired state court or federal judge) and conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures. Neither party shall initiate legal action until 45 days after the Notice of Claim is received by Polly. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the Terms or formation of the Terms, including whether any dispute between us is subject to arbitration (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of this Terms and Conditions of Use are void or voidable. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’s native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over you and us. However, if a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy for a breach of this Terms and Conditions of Use, such action may proceed without first resorting to arbitration. Any such claims arising from or relating to the use of the Services, this Terms and Conditions of Use, the Privacy Policy, or the HIPAA Notice will be heard and resolved in the federal and state courts located in Florida. In the event of a conflict between the rules of the arbitration provider and the Terms and Conditions of Use, including with respect to the assessment of the fees and costs of arbitration, the Terms and Conditions of Use will govern.
16.3 Notwithstanding anything to the contrary herein, to the extent the dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; and/or (b) any claim related to, or arising from, allegations of theft, piracy, then you and we agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in Miami-Dade County, Florida, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings.
16.4 YOU AND WE ARE WAIVING THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE OR MEMBER IN ANY CLASS OR COLLECTIVE CLAIM THAT A PARTY TO THIS AGREEMENT MAY HAVE AGAINST THE PARTY INCLUDING ANY RIGHT TO CLASS OR COLLECTIVE ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You and we also agree not to participate in claims against the other party brought in a private attorney general or representative capacity, or consolidated claims involving another person's account.
17. Miscellaneous
17.1 Notices and Contact. Any notices to you from us regarding the Services or this Terms and Conditions of Use may be made by email, a posted notice on the Service, or regular mail, in our sole discretion. You may send us your notices to the following email address: legal@joinpolly.com. If you have any questions or concerns about this Terms and Conditions of Use, please contact us at legal@joinpolly.com or write to us at Piper Wellness LLC, 252 NW 29th St #9, Miami, FL 33127.
17.2 No Third Party Beneficiaries. This Terms and Conditions of Use are for the sole benefit of you and Polly and, except as expressly provided herein, are not intended to and shall not confer any rights, remedies, obligations, or liabilities on any person or entity other than the parties hereto. Nothing in this Terms and Conditions of Use shall be construed to create any third-party beneficiary rights in any individual or entity that is not a party to this Terms and Conditions of Use.
17.3 No Waiver; Severability. All parts of this Terms and Conditions of Use apply to the maximum extent permitted by law. Our failure to enforce any provision of this Terms and Conditions of Use will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Terms and Conditions of Use as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. The invalidity of part of this Terms and Conditions of Use will not affect the validity and enforceability of the remaining provisions.
17.4 Assignment. You may not assign any of your rights under this Terms and Conditions of Use (including your User account), and any such attempt will be null and void. We may, in our sole discretion, assign or transfer, without further consent or notification, this Terms and Conditions of Use or any or all of the contractual rights and obligations pursuant to this Terms and Conditions of Use, in whole or in part, to any of our affiliates or to a third party in the event that some or all of our business is transferred to such other third party by way of merger, sale of its assets or otherwise.
17.5 Entire Agreement. This Terms and Conditions of Use and any other agreements we may post on the Services or that you and we may execute from time to time (including the Refund and Cancellation Policy, the Shipping Policy, Privacy Policy and HIPAA Notice ) constitute the entire agreement between us and you in connection with your use of the Services and supersede any prior agreements between us and you regarding use of the Service, including prior versions of this Terms and Conditions of Use.
17.6 Force Majeure. We shall not be liable for any delay, interruption, or failure in the performance of the Services resulting from causes beyond our reasonable control, including, without limitation, acts of God, natural disasters, pandemics, governmental actions, labor disputes, civil unrest, war, terrorism, power outages, telecommunications failures, internet service disruptions, cyberattacks, security breaches, failures or malfunctions of software, hardware, or networks, or the unavailability of third-party service providers. The Services are operated using software, hardware, and network systems, any component of which may from time to time require maintenance or experience technical failures or security incidents beyond our reasonable control. We shall not be responsible for any resulting downtime, loss, or disruption.
17.7 Revisions and Updates. We may revise or update these Terms and Conditions of Use from time to time in our sole discretion. When we do so, we will update the “Last Updated” date at the top of these Terms and Conditions. If we make material changes, we will provide you with notice, such as by sending an email to the address associated with your account or by providing a prominent notice through the Services. Your continued access to or use of the Services after the effective date of the revised Terms and Conditions of Use constitutes your acceptance of the changes. If you do not agree to the revised Terms and Conditions of Use, you must stop using the Services.