These Terms govern your access to and use of ascenvalabs.com, including any content, functionality, and services we offer. Please read them carefully.
DO NOT USE THIS SITE IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY. In an emergent situation, you can: (i) call 9-1-1; (ii) go to the nearest emergency room; (iii) contact your local crisis center; (iv) if applicable, call the 988 Suicide & Crisis Lifeline; or (v) if applicable, contact the Crisis Text Line (text "HOME" to 741-741).
Ascenva Labs, Inc., a Delaware corporation ("Ascenva," "Ascenva Labs," "we," "our," or "us"), owns and operates ascenvalabs.com (the "Site"). Your use of the Site, any part thereof, or anything associated therewith, including the services, features, content, and applications, together with the Site, are the Ascenva Labs Services ("Services") offered by Ascenva Labs and its affiliated medical groups, licensed clinicians, and pharmacy partners. Any products or services provided through the Site or any affiliated website, software, or application owned or operated by or in collaboration with Ascenva are governed by these Terms of Use ("Terms" or "Terms of Use"). By accessing or using any of the Services, you agree to be bound by these Terms.
These Terms of Use are entered into by and between you and Ascenva Labs and govern your access to and use of https://ascenvalabs.com/ (the "Website"), including any content, functionality, and services offered on or through the Website.
Please read these Terms carefully. By using the Website, or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms, you cannot use the Website.
Section 21 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis to resolve disputes. This means that you and we are each giving up rights to sue each other in court or in class actions of any kind.
Please review our Website Privacy Policy for information about how we collect and use your personal information. For patients receiving care through Ascenva's affiliated medical practice, please review the Notice of Privacy Practices for information on uses and disclosures of your Protected Health Information.
We may revise and update these Terms from time to time in our sole discretion. Any changes to these Terms are effective upon posting to the Website, and your continued use after a change has been posted constitutes your acceptance of the changes unless applicable law requires us to provide additional notice or take other actions before such changes can become effective. We encourage you to review these Terms regularly to determine if any changes have been made.
The information and other content available on or through the Website is for informational purposes only and is not intended to substitute for professional medical advice, diagnosis, or treatment. You should always consult with your licensed clinician regarding questions you have about any medical condition before making healthcare decisions. "Provider" means an independent licensed clinician or professional entity that provides clinical services to you through or in connection with the platform.
We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
By creating an account, you consent to receive electronic communications from Ascenva (e.g., via email to the email address you provide, text message (SMS) to a mobile phone number you provide, or by posting notices to the Website). These communications may include operational notices about your account (e.g., password changes and other transactional information) and are part of your relationship with us. You may incur data, call-time, or messaging charges from your communication providers in connection with communications from Ascenva. We may also send you promotional communications via email or other means, including newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided in such emails.
You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing, and you consent and agree that your use of your finger, a keypad, mouse, or other device to select an item, button, icon, or similar act while using the Website, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures, or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing.
We may update the content on the Website from time to time, but its content is not necessarily complete or current. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
The Website and all information and content included on the Website are the exclusive property of Ascenva Labs or its content suppliers and are protected under applicable copyright, patent, trademark, and other proprietary rights. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Ascenva. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Ascenva Labs name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Ascenva Labs or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
These Terms permit you to access and use the Website for your personal, non-commercial use only. You agree not to (a) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or reverse-engineer the Website or any of the material on our Website, (b) use materials, products, or services available on the Website in violation of any law, (c) impersonate or attempt to impersonate Ascenva, any Ascenva employee, or any other person or entity (including, without limitation, by using email addresses associated with Ascenva), or (d) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined in our sole discretion, may harm Ascenva or other users of the Website or expose them to liability.
Additionally, you agree not to, or permit or direct any other person to:
The Website may facilitate prescription orders placed by your provider. Where applicable, prescriptions may be fulfilled by partner pharmacies ("Partner Pharmacies") and/or a pharmacy of your choice, depending on the program and your location. You authorize providers and the Website to transmit prescription information to one or more pharmacies for dispensing and shipment, as permitted by law. Any prescription orders are at the professional discretion of your provider.
"Pharmacy" means any pharmacy (including compounding pharmacies, where permitted) that may fulfill prescriptions issued by a provider. Always directly contact your provider or other qualified healthcare professionals with any questions regarding your personal health or medical conditions.
Currently offering services in all 50 states plus Washington D.C. Some services may not be available in all 50 states or Washington D.C. Subject to change.
Treatments offered through Ascenva Labs are subject to state-specific laws and regulations. Availability of specific medications, formulations, and services may vary by state. Some states require synchronous (live video or phone) consultation before certain prescriptions may be issued, and some states restrict the prescription of certain controlled or compounded medications via telemedicine. You will be notified during the intake process if a service you have requested is not available in your state.
By providing a credit card or other payment method accepted by us ("Payment Method"), you are expressly agreeing that we are (or our service provider is) authorized to charge the Payment Method for the total amount of the fees associated with your use of the Website, together with any applicable taxes (collectively, as applicable, a "Purchase"). If the Payment Method cannot be verified, is invalid, or is otherwise not acceptable, your Purchase may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Purchase. If a payment is not successfully settled and you do not edit your Payment Method information or cancel your Purchase or account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. Unless expressly stated otherwise, services are offered on a cash-pay basis and are not billed to insurance. We do not guarantee that any amounts paid are eligible for reimbursement by insurance, HSA/FSA, or otherwise. If you enroll in a subscription or recurring program, you authorize us (and/or our payment processors) to charge your payment method on a recurring basis until you cancel. Subscription terms, billing cadence, and cancellation deadlines will be disclosed at checkout or in your account. To avoid renewal charges, you must cancel before the disclosed cutoff time prior to the renewal date. Payments may be processed by third parties (e.g., Stripe). We do not store full payment card numbers. If you initiate a chargeback, we may suspend your account and collection efforts may apply to amounts legitimately owed.
All sales are final except as expressly stated in our Refund Policy or as required by law. Please review our Refund Policy for specific information on cancellation, refund eligibility, and the process for requesting a refund.
From time to time, we may offer promotions, discounts, referral programs, or sweepstakes. Promotions may be subject to additional terms, eligibility rules, and official rules that are incorporated by reference. Unless prohibited, those additional terms will control in the event of a conflict with these Terms.
We have the right to terminate or suspend your access to all or part of the Website at any time for any reason without notice. Ascenva may terminate or suspend any of the rights granted by these Terms and your access to and use of the Website with or without prior notice, for any reason, and at any time, including for violations of these Terms. The following provisions, and any other provision which by its nature should survive termination, will survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law and Dispute Resolution.
If the Website contains links to third-party sites or resources, these links are provided for your convenience only. We do not control or endorse these third-party sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
THE WEBSITE AND THE INFORMATION AND CONTENT ON THE WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. ASCENVA, ITS AFFILIATES, AND ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ASCENVA, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT SHALL BE TO DISCONTINUE USING THE WEBSITE.
IN NO EVENT SHALL ASCENVA OR ITS RELATED PERSONS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE, THE GREATER OF (I) ONE HUNDRED DOLLARS ($100), OR (II) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.
You agree to defend, indemnify, and hold harmless Ascenva, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
You agree that the laws of the State of Delaware will govern these Terms and any dispute that may arise between you and Ascenva or its affiliates related to your use of the Website, without regard to conflicts of laws provisions.
You and we both agree to provide written notice of any disputes to the other party and try to resolve any disputes informally in good faith arising from your use of the Website. If any dispute is not resolved within 30 days of a party providing notice to the other party, the dispute will be resolved through individual, non-representative, binding arbitration conducted in English, instead of a proceeding in courts of general jurisdiction. Any disputes will be decided by a single arbitrator and will be administered by Judicial Arbitration Mediation Services, Inc. ("JAMS") pursuant to the JAMS Streamlined Arbitration Rules & Procedures and as modified by this agreement to arbitrate. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon your or our request that an in-person hearing is appropriate. Any in-person appearances will be held in New Castle County, Delaware. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court with appropriate jurisdiction. Each party will be responsible for its respective costs, including costs related to its respective attorneys, experts, and witnesses.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
YOU AND WE EXPRESSLY WAIVE THE RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.
No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Ascenva is based in the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Telehealth services provided through Ascenva are available only to patients physically located in the United States.
These Terms constitute the sole and entire agreement between you and Ascenva regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to:
Ascenva Labs, Inc.
A Delaware corporation
Mailing address: 10760 Brunello Place, #206, Wellington, FL 33414
Email: hello@ascenvalabs.com
Phone: (772) 918-9876