Terms and Conditions
Under the ownership and operation of Get Healthy Solutions LLC, uplink-health.com, referred to as "UPLINK-HEALTH," "we," "our," or "us," is governed by the "Terms and Conditions" that control your use of the Site. These Terms and Conditions, along with the Privacy Policy, the Consent to Telehealth, the FAQ, and all other applicable rules, policies, schedules, and terms and conditions or documents published from time to time, make up the Agreement.
By accessing or using the Site, you agree to the entire Agreement, which grants you a personal, limited, revocable, non-exclusive, and non-transferable right to use the Site and Services for personal and non-commercial use within the United States, as permitted under this Agreement, the Consent to Telehealth, and the Privacy Policy. Your use of the Site or any of its Content, including Informational Content or Third-Party Links, Interactive Services, registering for the UPLINK-HEALTH Newsletter, purchasing UPLINK-HEALTH Products, purchasing Prescription Medications through Telemedicine Services, or utilizing the Contact Services, is subject to the entire Agreement.
Third-Party Links, provided for convenience, are not under our control, and we do not endorse them. We are not responsible for their content or any updates made to them. Your use of Third-Party Links is at your own risk, and we are not liable for any content, errors, damage, or loss arising from or related to use or reliance on information from Third-Party Links.
IT IS CRUCIAL TO CAREFULLY REVIEW THE AGREEMENT. IF YOU DO NOT AGREE TO THE ENTIRE AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SITE OFFERINGS.
NEW JERSEY RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT ("TCCWNA").
Agreement and Disclaimers
By using the site, you acknowledge and agree that your use of the Site Offerings, including the Content, UPLINK-HEALTH Products, and other materials, is entirely at your own risk. You understand and acknowledge that the Content and UPLINK-HEALTH Products have not been evaluated by the US Food & Drug Administration ("FDA"), and that they are not intended to diagnose, treat, cure, or prevent any medical condition or disease. As such, they should not be used as medical advice or as a substitute for it. We strongly recommend that you consult your physician for guidance and care before using any of these products.
Additionally, it is important to note that the UPLINK-HEALTH Products and Prescription Medications are not intended for individuals under eighteen (18) years of age. The Content associated with the UPLINK-HEALTH Products and their effectiveness is derived from independent third-party sources, such as news agencies, scientific reports, and scientific/research entities. We cannot guarantee that this Content is error-free and do not endorse any Third-Party Sources or their methods.
Please note that all UPLINK-HEALTH Product specifications, performance data, and related information available through the Site Offerings are for informational and illustrative purposes only. They do not guarantee that the UPLINK-HEALTH Products will conform to these specifications or performance data, or that they will provide you with any particular benefits or match the results of others who have used them. Your individual results may vary and depend on factors such as pre-existing medical conditions, age, weight, body chemistry, diet, and exercise regimen.
Before utilizing any UPLINK-HEALTH Products, Prescription Medications, or adopting any treatment for a health problem, it is essential to consult your physician or other healthcare professional. This is particularly important if you have medical conditions such as strokes, high blood pressure, heart, liver, kidney, or thyroid disease, diabetes, skin diseases or ailments, anemia, depression, anxiety, or a family history of these or other mental or physical illnesses. Your physician should individualize your treatment plan as appropriate and allow for proper follow-up visits.
If you have or suspect that you have a medical problem resulting from the use of any UPLINK-HEALTH Products, Prescription Medications, or treatment for a health problem, it is crucial to promptly contact your health care provider. It is never advisable to disregard professional medical advice or delay seeking professional advice because of something you have read on the Site or in connection with any other Site Offerings.
If you are currently receiving treatment for any illness, taking medication, pregnant or nursing, or have any allergies to certain components, it is important to consult with a healthcare professional or physician before using any products from UPLINK-HEALTH, taking Prescription Medications, or trying any therapy for any health issue. To prevent possible allergic reactions, it is recommended that you always verify the ingredients in all UPLINK-HEALTH Products and Prescription Medications.
If you experience an allergic reaction or any other negative health condition, it is crucial to immediately contact your healthcare provider.
Scope:
The Agreement governs the use of Site Offerings and supersedes all previous or current agreements, representations, warranties, and understandings between users and UPLINK-HEALTH. UPLINK-HEALTH reserves the right to modify the Agreement at any time without specific notice to users. However, changes made to the Dispute Resolution Provisions or Billing Provisions will not apply to any disputes or charges incurred before the modification. The latest version of the Agreement will be available on the Site, and users are advised to read it every time they use the website. Users who disagree with any modifications can only stop using the website and its services. By continuing to access and use the Websites or Services, users acknowledge and accept any modifications made to the Agreement, except for disputes or charges incurred before the changes in the Dispute Resolution Provisions or Billing Provisions.
Requirements:
To access the Site Offerings, users must be 18 years or older, located in a State of the United States where UPLINK-HEALTH operates, and agree to be legally bound by and comply with the posted Terms. Users must have compatible computing and/or mobile devices, internet access, and necessary software to use the Platform. Any charges or fees incurred by the user's mobile service or Internet Service Provider related to their use of the Services are their sole responsibility. However, meeting these requirements does not guarantee access to the Site Offerings. UPLINK-HEALTH has the right to terminate users' access to the Site Offerings at any time if they breach the Agreement, engage in improper conduct related to the Site Offerings, or perform unauthorized commercial activity by or through the Site Offerings.
Registration Forms:
Users can register to purchase Products and/or use certain Site Offerings, such as Contact Services. To register, users must provide accurate and complete registration information and promptly inform UPLINK-HEALTH of any changes. Failure to do so gives UPLINK-HEALTH the right to immediately terminate the use of certain Site Offerings that require registration. The information provided during the registration process will be handled in accordance with UPLINK-HEALTH's privacy policy.
Purchasing Projects:
The purchase process involves completing the relevant Form and providing the necessary Registration Data to acquire UPLINK-HEALTH Products or Prescription Medications. To obtain Prescription Medication, users must also complete the Telemedicine Services process and receive approval from a Healthcare Provider. Two options are available for purchasing Products on the site: (a) the Automatic Renewal Program option, under which the Payment Method will be charged the applicable amount for the relevant Products on a recurring basis as long as the Automatic Renewal Program subscription remains active. Users can cancel a subscription at any time up to forty-eight (48) hours before the applicable renewal processing date. (b) the One-Time Purchase option, under which the Payment Method provided on the Form will be charged the amount listed on the Site for the relevant Product(s), plus shipping and handling, and any applicable sales tax. If the Payment Method is canceled or no longer valid, users must inform UPLINK-HEALTH immediately, or the shipment of the Product may be delayed or canceled.
Products:
The Products offered by UPLINK-HEALTH are subject to disclaimers stated on the Site and contained in these terms and conditions. The prices of the Products may change at any time, and UPLINK-HEALTH reserves the right to reject any part of an order without prior notice. If any Products in an order are no longer available or if all or part of the order is cancelled, the user will be notified, and UPLINK-HEALTH will refund any amount already paid for the ordered Products that are no longer available or any cancelled part of any order. All Products are subject to availability.
Return and Refund Policy:
UPLINK-HEALTH Products can be returned by contacting a customer care professional at 1-888-802-9701. However, Prescription Medications cannot be returned or refunded.
Telemedicine Services:
Telemedicine Services, which involve the use of electronic communications to deliver health care services between a healthcare provider and a patient who are not in the same location, are available through UPLINK-HEALTH. Telemedicine can be used for diagnosis, treatment, follow-up, and/or related patient education. You must complete the medical intake Form when requesting Prescription Medication. UPLINK-HEALTH will submit the form to a participating Healthcare Provider who will perform the requisite Telemedicine Services to determine your suitability for Prescription Medication before prescribing it. Please note that UPLINK-HEALTH does not provide the Telemedicine Services made available through the Site Offerings, nor can UPLINK-HEALTH issue a prescription for Prescription Medication. The ultimate terms and conditions of any such prescription made available through the Telemedicine Services will be determined by the applicable Healthcare Provider(s). UPLINK-HEALTH shall not be liable to you or any third party for any medical services and/or medications offered by any Healthcare Provider(s) through the Telemedicine Services. Refer to our Consent to Telehealth for a description of the risks and benefits of telemedicine.
Content:
The Site contains Content, including but not limited to product reviews, text, audio, video, photographs, graphics, artwork, testimonials, and other information about UPLINK-HEALTH and/or the UPLINK-HEALTH Products. The Content is compiled, distributed, and displayed by UPLINK-HEALTH and Third-Party Providers. UPLINK-HEALTH does not control and is not responsible for the completeness, accuracy, appropriateness, and/or usefulness of the Content provided by Third-Party Providers that is made available through the Site Offerings. You should not necessarily rely on such Third-Party Content. UPLINK-HEALTH does not represent or warrant that the Content and other information posted through the Site Offerings is accurate, complete, up-to-date, or appropriate. The Content provided may be outdated, harmful, inaccurate, or deceptive. By using the Content, you acknowledge that UPLINK-HEALTH has no obligation and assumes no liability to you. The Content is offered solely for informational purposes and is always subject to the disclaimers present on the Site and contained herein. You understand and agree that UPLINK-HEALTH will not be responsible for and undertakes no responsibility to monitor or otherwise police Content provided by Third-Party Providers. Please exercise caution, use common sense, and prioritize safety when using the Content.
License and Restrictions to User Content:
By utilizing the Interactive Services, you can submit User Content, which includes textual, audio, and/or visual content, feedback related to the Services, vehicle repair quote requests, and competition entries, to UPLINK-HEALTH. Although you retain ownership of the User Content provided, submitting it to UPLINK-HEALTH grants the company a worldwide, perpetual, irrevocable, transferrable, royalty-free license to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit the User Content in any manner, including on third-party sites and services. It is your responsibility to ensure that you have the necessary licenses and permissions for providing the User Content and that it does not infringe on any third party's intellectual property or proprietary rights or violate any applicable law or regulation. UPLINK-HEALTH reserves the right to review, monitor, or remove User Content at any time and for any reason, and may suspend or terminate a user's access and/or account for violating these terms.
Protected Health Information:
Upon creating an account with UPLINK-HEALTH, you may provide personal information that is not considered "protected health information" or "medical information." However, if you request Prescription Medications or certain UPLINK-HEALTH Products, you may provide health or medical information that may be protected under applicable laws like HIPAA. Although UPLINK-HEALTH is not classified as a "covered entity" under HIPAA, it may act as a "business associate" of Healthcare Providers and be subject to certain provisions of HIPAA regarding "protected health information" that you provide to the Healthcare Providers. The use and disclosure of any medical or health information that is subject to specific protections under applicable state laws will comply with such laws. Information that has been de-identified in accordance with applicable laws is not considered Protected Information.
Representations and Warranties:
The user represents and warrants that all information provided in connection with the use of the Site Offerings and in communications with Healthcare Providers is true, accurate, current, and complete, and agrees to maintain and update such information. Additionally, the user acknowledges that the Products are for personal use only and not for reselling, that the Agreement is legally binding and enforceable, that the user has independently evaluated the desirability of utilizing the Site Offerings, and that the execution, delivery, and performance of the Agreement by the user will not conflict with or violate any applicable law, order, judgment, decree, agreement, or other instrument.
Indemnification:
The user agrees to indemnify, hold harmless, and defend UPLINK-HEALTH and its shareholders, directors, officers, employees, and agents from any action, cause, claim, damage, debt, demand, or liability arising out of or relating to various issues. These include the user's breach of this Agreement, the user's use of the Site Offerings, including any data or work transmitted or received by the user, the user's dispute with any Healthcare Provider(s) and/or other third party(ies), or any unacceptable, unauthorized, or improper use of the Site Offerings. These provisions benefit UPLINK-HEALTH, its parent, subsidiaries, and affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers, and attorneys, who may enforce these provisions directly against the user.
Proprietary Rights:
UPLINK-HEALTH holds exclusive rights to the Site Offerings, which include proprietary content like information, graphics, design, compilation, software, documentation, marks, business processes, and service names. Unauthorized use of any trademark is strictly prohibited unless UPLINK-HEALTH grants express written consent. Users cannot create derivative works or distribute, copy, recompile, disassemble, or reverse engineer the proprietary content without prior written consent. All proprietary content is protected by United States and foreign laws.
Legal Warning:
By accessing and using the Site Offerings, users agree to exercise caution and good judgment and not attempt to interfere with the Site Offerings' operation in any way, including but not limited to vandalism, tampering, damaging, or destroying. Any such attempts will constitute a violation of criminal and civil law, and UPLINK-HEALTH will pursue legal remedies against the offending party or entity to the fullest extent permitted by law and equity.
Disclaimer of Warranties:
The Site Offerings and other products and services available through them are provided to users on an "as is" and "as available" basis. Users access and use the Site Offerings voluntarily and at their own risk. UPLINK-HEALTH and third-party service providers make no express or implied representations or warranties of any kind regarding this agreement, the Site Offerings, the products and services available through them, or any other matter. This includes all warranties of merchantability, title, and fitness for a specific purpose. UPLINK-HEALTH cannot guarantee that using the Site Offerings will lead to medical benefits or other health-related outcomes. Moreover, UPLINK-HEALTH does not guarantee that the Site Offerings and other products and services will be free of errors, disruptions, delays, defects, interferences, imperfections, cyber attacks, malware, or any other adverse incidents. Users are advised that any advice or information obtained from UPLINK-HEALTH or the Site Offerings, whether orally or in writing, does not create any warranty not expressly stated in this Agreement.
Limitation of Liability:
The use of the Site Offerings by any user constitutes acceptance that UPLINK-HEALTH is not liable for any direct, indirect, incidental, special, consequential, and/or exemplary damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses. This applies to any causes of action, in the aggregate, including but not limited to breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any and all other torts. Furthermore, UPLINK-HEALTH will not be held responsible for any obligations, liabilities, or claims in excess of the limitations stated in this section. In the event of any loss, cost, damage, liability, or expense (including attorneys' fees and costs) under any theory of liability, in contract, tort (including, but not limited to, negligence), or otherwise, the total liability of UPLINK-HEALTH to any User shall not exceed the lesser of the amount paid by the User, if any, for the right to access or participate in any activity related to the Site Offerings, or five hundred dollars ($500.00). Any claims that arise from the use of the Site Offerings and the other products and services offered by and through the Site must be brought by any User or UPLINK-HEALTH within one (1) year of the date of the event that gave rise to the cause of action. It is important to note that the negation of damages set forth above is a fundamental element of the basis of the bargain between each User and UPLINK-HEALTH. Access to the Site Offerings would not be provided to Users without such limitations. Each User expressly acknowledges and agrees that this limitation of liability applies to all Site Offerings and products and services offered by and through UPLINK-HEALTH, and any third-party offering products or services through the service. It should be noted that in certain jurisdictions, there are limitations on liability that are not allowed, and in such cases, UPLINK-HEALTH's liability shall be limited to the maximum extent permitted by law.
Copyright Policy and DMCA Compliance Procedure:
To ensure compliance with copyright law, UPLINK-HEALTH follows the Digital Millennium Copyright Act ("DMCA") and responds to clear notices of alleged copyright infringement, including terminating a user's account or removing any infringing content or material from the Site. If you object to copyrighted material available on the Site, you may submit a notification to our Designated Agent. Your notification under 17 U.S.C. § 512(c) alleging copyright infringement must contain the following information: (a) the signature of the authorized person acting on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that you claim has been infringed upon; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. UPLINK-HEALTH shall take appropriate actions based on such notifications. For more information or notice of claims, contact us at.
Editing, Deleting and Modification:
At its sole discretion, UPLINK-HEALTH has the authority to edit and/or delete any documents, information, or content appearing on the Site.
Use of Registration Data:
The Privacy Policy applies to all material submitted by users through or in association with the Site Offerings, including the Registration Data.
Governing Law:
Without regard to conflict of law principles, the Agreement shall be interpreted and governed by the laws of the State of New York. It will be considered as if it were executed and performed in New York, NY.
Dispute Resolution and Arbitration:
The parties involved in the Agreement agree to resolve any claims that arise through arbitration. If a dispute arises concerning the Site Offerings, the Agreement, or a party's breach of the Agreement, the parties must submit the dispute to the American Arbitration Association ("AAA") in New York, NY, following the current Commercial Arbitration rules of the AAA. To initiate formal dispute proceedings, the party must submit a written description of the dispute, along with all relevant documents and information and the proposed resolution, by US Mail to UPLINK-HEALTH, Attention: Customer Service Department – Get Healthy Solutions LLC Attn: UPLINK-HEALTH 90 Broad Street, New York, NY, 10004.
The parties must negotiate in good faith to resolve the problem or dispute. If a Final Settlement Offer is not accepted, or the dispute is not otherwise resolved satisfactorily, the parties may proceed to arbitration by giving notice and commencing arbitration proceedings with the AAA in the county of residence.
For claims of Ten Thousand Dollars ($10,000.00) or less, the arbitration may proceed in person, by telephone, or based on submissions. If the arbitrator awards relief greater than the Final Settlement Offer, all filing, administration, and arbitrator fees associated with the arbitration shall be paid by the parties. If an attorney is retained for the arbitration, reasonable attorneys' fees shall be reimbursed by UPLINK-HEALTH. The award shall be final and conclusive, and a judgment may be entered in any court of competent jurisdiction. UPLINK-HEALTH shall not seek an award of attorneys' fees and expenses unless the arbitrator determines your claim was frivolous.
You agree not to bring, join, or participate in any class action lawsuit for any claim, dispute, or controversy against the Covered Parties, their respective employees, officers, directors, members, representatives, or assigns, to the extent permitted by law. Injunctive relief may be sought to stop such a lawsuit or remove you as a participant, and you agree to pay the attorney's fees and court costs incurred by any Covered Party. This provision does not waive any of your rights or remedies to pursue a claim individually in binding arbitration or constitute an agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of your first access to the Site.California User Consumer Rights:
California State resident Users have the ability to file grievances and complaints with the California Department of Consumer Affairs. You can make complaints by phone at 916-445-1254 or 800-952-5210, or by email to [email protected]. Complaints are subject to Cal. Civ. Code Sec. 1789.3.
California Proposition 65 Warnings:
Proposition 65 is a California law enacted in 1986 that requires products to carry warnings if they may expose California consumers to chemicals known to cause cancer or reproductive toxicity. The California Office of Environmental Health Hazard Assessment maintains a list of over 850 chemicals that require warnings. Products associated with this page may contain Bisphenol A (BPA), a chemical known to harm the female reproductive system. Jar lids and bottle caps may also contain BPA, and a warning has been included for these products. For more information, visit www.P65Warnings.ca.gov/BPA. To learn more about Proposition 65 and its regulations, visit https://oehha.ca.gov/proposition-65/law/proposition-65-law-and-regulations. Details on the new warnings can be found at https://www.p65warnings.ca.gov/new-proposition-65-warnings.
Precedence:
In case of any conflict or inconsistency between the Site Offerings and the Agreement, the Agreement shall have precedence. The fact that UPLINK-HEALTH fails to enforce any provision of the Agreement shall not imply the waiver of that provision or the right to enforce it.
No Agency Created:
Neither party shall be deemed an agent or partner of the other as a result of this Agreement. Neither party is authorized to bind the other.
Assignment:
UPLINK-HEALTH reserves the right to wholly or partially assign its rights and obligations under the Agreement to any party without prior notice to the user. However, the Agreement cannot be assigned by the user, who cannot delegate their duties under it.
Severability:
If any provision of this Agreement is deemed void or unenforceable by a court of competent jurisdiction, that provision shall be modified to be enforceable, or if modification is not possible, eliminated from this Agreement. The remaining provisions shall remain in full force and effect.
Contact Us:
If you have any questions about the Agreement, Site Offerings or the practices of UPLINK-HEALTH, you may utilize the contact method applicable to the subject matter of your inquiry, as set forth on the “Contact Us” page of the Site, or you can e-mail us at: [email protected]; call us at: 1-888-802-9701; or send us U.S. mail to:
Uplink-Health
90 Broad Street,
New York, NY, 10004Pharmacy Information
Curexa® Pharmacy; 3007 Ocean Heights Ave, Egg Harbor Township, NJ 08234; 855.927.0390
If you are from any of the following states you will be required to have a video consultation. The states that do not provide asynchronous tele-medicine are as follows.
NH, DE, LA, NJ, NM, WV and ID