Effective Date: 05.21.2024

TERMS OF SERVICE 

These Terms of Service (“Terms”) govern your access to and use of the Hiller Wellness, PLLC (“Hiller Wellness”) website, located at hillerwellness.com (the “Website”), and the Hiller Wellness applications and services that facilitate direct access to certain health services provided by medical providers (“Providers”) who are contracted with or employed by Hiller Wellness (the “Medical Practice”), for telehealth consultations with Providers, the ordering of prescription medications and other products from the patients’ preferred pharmacy, and for the payment of these services (collectively, the “Services”). You agree that by visiting the Website, or by registering or using the Services, you, the individual (“you” or “your”), are entering into a legally binding agreement with Hiller Wellness, Inc., located at 160 Pinehurst Avenue, Unit G,  Southern Pines, NC, 28387 based on these Terms as well as Hiller Wellness’s Privacy Policy and Hiller Wellness’s Informed Consent, each of which hereby are incorporated by reference in these Terms (collectively, the “Agreement”). Your access to and your use of the Services are conditioned on your acceptance of and compliance with the terms of this Agreement. By accessing or using the Services, you agree to be bound by the Agreement. 

Section 1: Basic Terms 

Hiller Wellness connects users with Providers for telehealth consultations and dispensing of medications prescribed by physicians employed by Hiller Wellness. 

Physicians employed or under contract with the Medical Practice will evaluate you to determine whether you meet the criteria for the medication. 

The content of the Website and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Hiller Wellness. 

You are responsible for verifying that any information you provide to Hiller Wellness or a treating Provider is accurate and complete. Hiller Wellness will not be liable for any damages or losses that occur as a result of untruthful, inaccurate or otherwise incomplete information. The Services are not a substitute for in-person treatment or advice of your primary care physician or other health care providers. The Website facilitates telehealth encounters limited to diagnosis and treatment of weight loss health issues, and not for any other medical or health issue. If you are not feeling well, contact your primary care physician. The Website is not to be used for medical emergencies. IF YOU ARE HAVING A MEDICAL EMERGENCY, PLEASE DIAL 911 OR GO IMMEDIATELY TO THE EMERGENCY ROOM. 

Section 2: Eligibility to Use the Services 

The Services currently are available only in the State of North Carolina. You must be located in North Carolina in order to use the Services.

You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with Hiller Wellness and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. The Services are not available to individuals under the age of eighteen (18). You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. 

The form and nature of the Services are always evolving, and may change from time to time without prior notice to you. In addition, Hiller Wellness may decide to temporarily or permanently stop providing the Services, or any features within the Services, to you or to users generally, and may not be able to provide you with prior notice when doing so. Hiller Wellness retains the right to create limits on use of the Services, and/or storage your information related to the Services, at our sole discretion at any time and without prior notice to you. 

The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change at any time and without prior notice to you. In consideration for Hiller Wellness granting you access to and use of the Services, you agree that Hiller Wellness, its partners, and any third party providers may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others. 

Section 3: Privacy 

Any information that you provide to Hiller Wellness is subject to our Privacy Policy, which governs the transfer of this information to or within the United States and/or to other countries for storage, processing and use by Hiller Wellness. As part of providing the Services, we may need to provide you with certain communications, such as collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including announcements and administrative messages. These communications are considered part of the Services and your Hiller Wellness account, which you may not be able to opt-out from receiving. 

Section 4: Content Regarding the Services 

Please be aware that, except as expressly provided or as otherwise required under applicable law, Hiller Wellness does not verify the accuracy of any information made available on the Services by third parties. Any use or reliance on any information you obtain through the Services is at your own risk. 

You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate, or otherwise inappropriate. Under no circumstances will Hiller Wellness be liable in any way for any content posted, emailed, transmitted, or otherwise made available via the Services or broadcast elsewhere.

You agree not to transmit any content on the Services that: Is harassing, impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others; Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights; Is a direct and specific threat of violence to others; Violates any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening; Is in furtherance of illegal activities; or is abusive or constitutes spam. 

Section 5: Hiller Wellness’s Rights 

Subject to the terms of this Agreement, Hiller Wellness grants you a limited and non-exclusive license (without the right to sublicense) to access and use the Services as provided herein. Hiller Wellness is the sole and exclusive owner of the Website, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Website and any related materials and documentation. No title or ownership of the Website or any portion thereof is transferred to you hereunder. Hiller Wellness reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Website. 

All rights, title, and interest in and to the Services and any content available on the Services are and will remain the exclusive property of Hiller Wellness and its licensors. The Services and its content are protected by copyright, trademark, and other laws of the United States. Hiller Wellness reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Hiller Wellness, or the Services, are entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you. Notwithstanding the foregoing, any content, such as postings, messages, or photos that you upload to the Website, including any content that you submit using the Services in connection with any medical consultation, belongs to you and you authorize Hiller Wellness to use and disclose such content in connection with providing the Services. 

Section 6: Restrictions on Use of the Services 

Hiller Wellness reserves the right, at all times, but will not have an obligation, to suspend and or terminate users without liability to you. Hiller Wellness may, in its sole discretion, terminate your access to the Website and Services, or any portion thereof, for any reason whatsoever without prior notice. 

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Hiller Wellness’s computer systems, or the technical delivery systems of Hiller Wellness providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Hiller Wellness (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Hiller Wellness (NOTE: scraping the Services without the prior consent of Hiller Wellness is expressly prohibited); (iv) forge any

TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services. 

Section 7: Ending These Terms 

These Terms will continue to apply until terminated by either you or Hiller Wellness as follows: 

You may end your Agreement with Hiller Wellness at any time, for any reason, by deactivating your Hiller Wellness account and discontinuing your use of the Services. In order to deactivate your account, please contact us at hillerwellness.com 

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; (iii) our provision of the Services to you is no longer commercially viable; or (iv) our relationship with the affiliated Medical Practice or Pharmacy ends. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your Hiller Wellness account. 

In all such cases, these Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination, such as indemnification and limitations on liability. 

Nothing in this section shall affect Hiller Wellness’s rights to change, limit, or stop the provision of the Services without prior notice, as provided above. 

The Medical Practice will retain your medical records for a period of five (5) years, unless a longer period is required by state or federal law, after which they may be destroyed. Individual Physicians, or the Pharmacies, may retain your medical records for a longer or shorter period of time as required by law. 

Section 8: Disclaimers, Limitation of Liability, and Indemnity 

Please read this section carefully since it limits the liability of Hiller Wellness and its stockholders, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Hiller Wellness Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this Section 11 may not apply to you. Nothing in this Section 11 is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are Available “As-Is” 

Your access to and use of the Services is done at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. WITHOUT LIMITING THE FOREGOING, THE HILLER WELLNESS ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. 

The Hiller Wellness Entities make no warranty and disclaim all responsibility and liability for: (i) any actions of Hiller Wellness users, including without limitation, any advice, recommendations, treatment plans or other information provided by the affiliated Providers; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any information provided on the Services; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (iv) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vi) any advice or information you receive through the Services; and (vii) any injuries or harm you or a third party incurs as a result of information or advice received through the Services. No advice or information, whether oral or written, obtained from Hiller Wellness or through the Services, will create any warranty not expressly made herein. TO THE EXTENT LEGALLY PERMITTED, YOU EXPRESSLY RELEASE THE HILLER WELLNESS ENTITIES FROM ANY AND ALL LIABILITY FOR ANY DAMAGES, SUITS, CLAIMS, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE THAT MAY ARISE FROM OR RELATE TO ANY ACTS OR OMISSIONS OF THE MEDICAL PRACTICE, PHYSICIANS, OR PHARMACIES IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, THE PROVISION OF MEDICAL SERVICES, CONSULTATION, OR TREATMENT BY PHYSICIANS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” 

Some of Hiller Wellness’ shareholders, directors, officers, contractors, or employees may have a financial interest in the Medical Practice, or any other third party supplier of goods or services, and may profit from your use of such entities and/or the sale of such goods and services to you. 

B. Links 

The Services may contain links to third party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by Hiller Wellness

regarding such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources. 

C. Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HILLER WELLNESS ENTITIES, THE MEDICAL PRACTICE, AND THE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. 

EXCEPT AS REQUIRED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HILLER WELLNESS ENTITIES, THE MEDICAL PRACTICE, AND THE PROVIDERS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID HILLER WELLNESS, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE HILLER WELLNESS ENTITIES, THE MEDICAL PRACTICE, THE PHYSICIANS, OR THE PHARMACIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 

D. Indemnification 

To the extent not prohibited by law, you expressly agree to indemnify and hold harmless Hiller Wellness from and against any and all liabilities, expenses, damages, and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to: (i) any information, advice, treatment recommendations, or other content you transmit via the Services; (ii) your failure to comply with the Terms, including without limitation, your obligations and representations provided in Section 1; (iii) your interactions with any other Hiller Wellness user; (iv) your use or disclosure of information, including without limitation, personal information or medical information you learned about on or through the Services; and (v) any activity in which you engage on or through the Services.

Section 12: Miscellaneous Terms 

A. Waiver and Severability 

The failure of Hiller Wellness to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. 

B. Controlling Law and Jurisdiction 

These Terms and any action related thereto will be governed by the laws of the state of North Carolina without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Moore County, North Carolina, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You agree that you may only bring claims against Hiller Wellness related to your use of the Services on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. 

C. Entire Agreement 

These Terms, our Privacy Policy, and your Informed Consent are the entire and exclusive agreement between Hiller Wellness and you regarding the Services (excluding any service for which you have a separate agreement with Hiller Wellness that is explicitly in addition or in place of these Terms). These Terms supersede and replace any prior agreements between Hiller Wellness and you regarding the Services. 

We may revise these Terms from time to time, and the most current version will always be at hillerwellness.com. If we, in our sole discretion, determine that the revision is material, we will notify you via email to the email address associated with your account. If you do not wish to be bound by any such revisions to the Terms, your sole and exclusive remedy is to 

discontinue your use of the Website and the Services. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. 

D. Assignment 

These Terms are personal to you, and are not assignable, transferable, or sub-licensable by you except with Hiller Wellness’ prior written consent. Hiller Wellness may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. 

E. Code of Conduct

Hiller Wellness is committed to providing a safe and professional environment for both our patients, medical professionals and support staff. As a patient, we expect you to abide by the following code of conduct: Be honest and accurate when providing information about your health and medical history. Respect the medical professional's time and expertise by responding promptly to any requests for information. Treat the medical professional and support staff with respect and refrain from any form of abusive or inappropriate language or behavior. Follow the medical professional's instructions and advice regarding your health and treatment plan. Inform the medical professional immediately if you experience any adverse effects from medication or treatment. Do not share your account or login information with anyone else. Do not refuse to pay for sold goods or rendered services. We reserve the right to refuse service to any patient who violates this code of conduct or engages in behavior that is deemed inappropriate or harmful to our medical professionals or staff. 

If you have any questions about these Terms, please contact us.