Terms of Service

Last updated 2/1/2025

Overview

Desert Contour LLC dba Contour Health, (“Contour Health,” “we,” or “us”) owns and operates the websites located at contourhealthrx.com, along with any related sites that we or our affiliates may offer now or in the future (collectively referred to as the “Site”). Through the Site, Contour Health provides access to information and content (the “Content”), products available for purchase (the “Products”), and various services (the “Services”). By using the Site, you agree to these terms and conditions (the “Terms of Service”) and must comply with all applicable laws and regulations. Some features, services, or purchases may only be available to registered users.

Please read these terms carefully before using the Site. By registering, accessing, or using the Site or Services, you agree to follow these terms and any additional policies displayed on the Site. You must be of legal age in your place of residence to use the Site or Services. If you do not agree to these terms, you should not access or use the Services.

By using the Services, you confirm that you have read, understood, and accepted these terms, along with Contour Health’s Privacy Policy (collectively referred to as the “Terms”). If you do not meet the eligibility requirements or do not agree with these terms, you are not authorized to use the Services. Your continued use of the Services means you accept and agree to be bound by these terms.

From time to time, we may introduce new features, tools, or services, which will also be subject to these terms. We reserve the right to update or modify these terms at any time by posting changes on our Site. These updates take effect immediately upon posting, and it is your responsibility to review this page periodically. If you continue using the Site, Services, or purchasing Products after any updates, it means you accept the changes. If you do not agree with the modifications, you should stop using the Site and Services.

Services

Contour Health provides access to certain products, services, and content through its website. These services include, but are not limited to:
(a) prescription fulfillment services for certain medications; and
(b) access to telehealth and telemedicine services.

Our services are currently available only to individuals who have reached the legal age of majority in their place of residence.

Prescription Fulfillment Services

Contour Health partners with third-party pharmacies to facilitate the fulfillment of prescriptions (the “Pharmacies”). Currently, our partner pharmacy is Strive Pharmacy.

When using our prescription fulfillment services, you acknowledge that Contour Health is not a pharmacy or a prescription fulfillment warehouse. Instead, we act as a facilitator, connecting you with licensed pharmacies that dispense and deliver your prescribed medications.

Pharmacy Locations:

  • Strive Pharmacy operates multiple locations within the United States. Depending on your location and medication needs, your prescription may be filled at one of the following locations:

    1. 1275 E Baseline Rd, Ste. 104, Gilbert, AZ 85233

    2. 8950 Villa La Jolla Drive, Suite C225, La Jolla, CA 92037

    3. 11405 E Briarwood Ave, Ste 300, Centennial, CO 80112

    4. 3906 Cragmont Dr, Tampa, FL 33619

    5. 1430 S Main St, Ste 105, Boerne, TX 78006

    6. 8928 S. State St., Sandy, UT 84070

Strive Pharmacy can be contacted at info@strivepharmacy.com and at 480-626-4366.

By using these services, you understand and accept that Contour Health does not endorse any specific pharmacy or medication and makes no guarantees regarding the suitability, reliability, or availability of the prescription products provided by the Pharmacies.

Telehealth and Telemedicine Services

Contour Health’s licensed healthcare professionals provide telehealth and telemedicine services.

By using these services, you acknowledge that:

  • Telehealth and telemedicine services may not always be a substitute for in-person care.

  • Services may only be available in certain states, depending on applicable laws and licensing requirements.

Before receiving telehealth or telemedicine services, you will be required to review and sign an informed consent agreement outlining the nature of the services.

Providers may offer medical consultations, issue prescriptions, and provide treatment recommendations. If a Provider determines that your condition requires an in-person evaluation or medical care beyond the scope of telehealth, you will be informed, and telehealth services will not be available for that particular issue.

If you choose to connect with a Provider through our platform, you are voluntarily sharing your health information with that Provider and Contour Health. Please review our Privacy Policy to understand how your personal data is handled.

Even though you may communicate with Providers through Contour Health’s services, these communications may not always occur in real-time. The Site itself does not provide medical services.

Emergency Disclaimer:
If you believe you are experiencing a medical emergency, call 911, visit the nearest emergency room, or contact a healthcare provider immediately. The telehealth services offered through our platform are not intended for emergency medical situations.

Electronic Communications

By using our services, you agree that Providers may send you electronic messages containing medical advice, test results, reports, or instructions regarding your treatment. These messages may be delivered through Contour Health’s patient portal, email, or text message. You are responsible for checking and responding to these messages in a timely manner.

Contour Health and its affiliated Providers are not responsible for any harm or consequences resulting from your failure to read, respond to, or act upon messages received through the patient portal.

Products

As part of Contour Health’s telemedicine services, we offer prescription products. These products are only available in select U.S. states. All products purchased through Contour Health are non-refundable.

Product Usage and Disclaimers

You agree to use all Products strictly according to their provided instructions, precautions, and guidelines, as well as any applicable laws in your jurisdiction. Unless explicitly stated by the manufacturer, claims made about a Product have not been evaluated by any government agency, and results may vary from person to person.

Before using any Product, you should carefully review its ingredient list to check for potential allergens. If a minor is using a Product, a parent or legal guardian should consult with the child’s healthcare provider before use.

The information on the Site regarding Products is not intended to replace professional medical advice. You should consult with your own healthcare provider before using any Product, particularly if you have underlying health concerns or are taking other medications. Any medical questions or treatment decisions should be addressed by a licensed healthcare professional.

Products available through contour health are intended for personal use only and may not be resold.

Prescription Products

Certain Products on the Site require a valid prescription from a licensed healthcare provider (“Prescription Products”). You may only purchase a Prescription Product after completing a consultation with a Provider who has determined that the medication is appropriate for you and has issued a valid prescription.

Some prescriptions may be filled through Contour Health’s partner pharmacies (the “Pharmacies”), while others may need to be filled at a pharmacy of your choice. If a prescription is not available through our partner Pharmacies, we will send it to your selected pharmacy, and you will be responsible for picking up or arranging for delivery and covering the cost of the medication.

Prescriptions filled through our partner Pharmacies may not include child-resistant packaging, and the medications may not be dispensed in child-resistant containers. If this is a concern, you should consult with your pharmacist about alternative packaging options.

Billing

1. Payment and Account Information

By making a purchase from Contour Health, you agree to provide current, complete, and accurate payment and account details. You also agree to promptly update your information, including email address, billing details, and credit card information (such as expiration dates), to ensure successful transactions and communication regarding your purchases.

You are responsible for any applicable sales tax, use tax, duties, customs fees, or other governmental charges related to your purchase of Products or Services. Additionally, you agree to pay for any shipping and handling costs disclosed at the time of purchase.

2. Subscription Services

Certain Products and Services may be offered on a subscription basis. By enrolling in a subscription, you agree to:

  • Commit to a minimum of three consecutive months of service.

  • Have your payment method automatically charged according to the billing terms specified for the Product or Service.

  • Notify Contour Health at least 30 days before your next billing cycle if you wish to cancel after your initial commitment period.

To cancel a subscription, you must contact Contour Health at reception@contourhealthrx.com with your cancellation request.

3. Healthcare Program Participation

Contour Health is not enrolled as a participating provider in any federal or state healthcare programs (such as Medicare or Medicaid) or any private health insurance plans. By using our services, you acknowledge and agree that you are financially responsible for all Services and Products provided to you.

4. Order Acceptance and Limitations

Contour Health reserves the right to:

  • Refuse or cancel any order at its sole discretion.

  • Limit the quantity of Products or Services available for purchase.

  • Restrict or prohibit orders that, in its judgment, appear to be placed by dealers, resellers, or distributors.

If an order is modified or canceled, Contour Health will attempt to notify you using the contact details associated with your account or provided at checkout.

5. HSA/FSA Payments

Contour Health accepts Health Savings Account (HSA) and Flexible Spending Account (FSA) payments via credit or debit cards associated with these accounts. However, Contour Health does not guarantee that your HSA/FSA administrator will approve your purchase as a valid expense.

For reimbursement purposes, Contour Health will provide you with an itemized receipt, and your healthcare Provider may supply a Letter of Medical Necessity upon request. It is your responsibility to verify whether your purchase qualifies under your HSA/FSA plan.

Termination

Contour Health reserves the right to terminate your access to the Site or any of its Services at any time, for any reason, including but not limited to a violation of these Terms of Service. Upon termination, your ability to access the Site and affected Services will be immediately revoked. However, you will remain responsible for any outstanding payments due up to and including the termination date, including charges for Products purchased prior to termination.

Certain provisions of these Terms of Service, including disclaimers, limitations of liability, and waivers, will remain in effect even after termination.

You may also choose to terminate these Terms of Service at any time by notifying Contour Health that you no longer wish to use the Site or Services, or by discontinuing your use of the Site and Services.

Disclaimer of Warranties

All Services, the Site, and its Content are provided “as is,” “as available,” and “with all faults.” Contour Health makes no warranties or guarantees of any kind, whether express, implied, statutory, or otherwise. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement.

Contour Health does not warrant or guarantee that the Content, Products, Services, or the Site will always be accurate, complete, reliable, current, or error-free. Additionally, we do not guarantee that the Site, its Content, or any software, technology, or servers used in providing the Site and Services are free from viruses or other harmful components.

By using the Site, Services, or any Products, you acknowledge and agree that you do so at your own risk. You are solely responsible for:

  • Any loss of data.

  • Damage to your computer system or mobile device.

  • Any other harm resulting from your use of the Site, Services, or Products.

Additionally, you understand that the Content, information, and technology provided through the Site may contain errors, bugs, or limitations. Any reliance on this information should be made with caution and independent verification.

Limitation of Liability

To the fullest extent permitted by law, Contour Health, including its officers, directors, employees, agents, and representatives (collectively, the “Contour Health Parties”), shall not be liable for any damages of any kind arising from or related to the use of the Site, its Content, or any Products or Services.

The Contour Health Parties shall not be responsible, under any legal theory, for any indirect, special, exemplary, incidental, or consequential damages—including, but not limited to, loss of profits, data, or other intangible losses—resulting from your use of the Site, Content, Products, or Services, even if they were advised of or aware of the possibility of such damages.

In any event, the total liability of the Contour Health Parties shall be limited to the amount you have paid for Products or Services in the six months prior to the event giving rise to the claim.

Some jurisdictions do not permit certain limitations or exclusions of liability, so portions of this section may not apply to you.

You further agree that any claims related to your use of the Site, Content, Products, or Services must be brought within one year of the event that caused the claim. Claims filed after this period will be considered waived.

Indemnification

You agree to indemnify, defend, and hold harmless Contour Health, its officers, directors, employees, agents, affiliates and partner pharmacies (collectively, the “Indemnified Parties”) from any and all third-party claims, actions, suits, liabilities, damages, settlements, judgments, losses, costs, and expenses, including but not limited to attorneys’ fees and litigation expenses, that arise from or relate to:

  • Your use of the Site, Services, or Products

  • Your breach of these Terms of Service (including any referenced policies or notices)

  • Your violation of any applicable law or third-party rights

This indemnification obligation will survive the termination of your use of the Site or Services.

Dispute Resolution and Arbitration

1. Agreement to Arbitrate

To resolve disputes efficiently and cost-effectively, you and Contour Health agree that any disagreement related to these Terms will be handled through binding arbitration, except for specific cases outlined below. Arbitration is a less formal alternative to going to court, with a neutral arbitrator making decisions instead of a judge or jury. While the process may allow for more limited evidence gathering than a court case, arbitrators have the authority to grant the same types of relief as a court.

This arbitration agreement applies to all claims related to these Terms, no matter the legal basis—whether it involves contract law, negligence, fraud, or any other issue. It remains in effect even after your relationship with Contour Health ends. By agreeing to these Terms, both you and Contour Health waive the right to a jury trial or participation in a class-action lawsuit.

2. Exceptions to Arbitration

Despite this agreement, both parties retain the right to:

  • Bring an individual case in small claims court if applicable.

  • Seek assistance from federal, state, or local agencies that provide remedies.

  • Request a court order to support arbitration.

  • File a lawsuit if the dispute involves intellectual property rights.

3. Arbitration Process

Arbitration will follow the rules set by the American Arbitration Association (AAA) under its Consumer Arbitration Rules – Expedited Procedures, unless these Terms state otherwise. A single, neutral arbitrator will oversee the process. The AAA’s rules and filing details can be found at www.adr.org or by calling 1-800-778-7879. The arbitrator will have the final say on whether a dispute should be handled through arbitration and how the arbitration process applies to a particular case.

4. Starting the Arbitration Process

If you or Contour Health want to begin arbitration, the first step is to send a written notice of dispute to the other party via certified U.S. Mail or Federal Express (signature required). If no valid mailing address is available, an email may be used. This notice must include:

  1. A description of the issue and its basis.

  2. The specific outcome or resolution being requested.

Both parties will try to resolve the issue directly. If no agreement is reached within 30 days of receiving the notice, either party may move forward with arbitration. Unless both sides agree otherwise, the arbitration process will remain confidential.

5. Arbitration Fees and Location

If you start arbitration under these Terms, Contour Health will cover your filing fee, unless your claim exceeds $10,000, in which case fee payment will follow the AAA’s rules. Arbitration hearings will be held in Utah, or another location if both parties agree.

For claims of $10,000 or less, you may choose one of the following options:

  • Arbitration based solely on written documents.

  • A telephone hearing with no in-person appearances.

  • An in-person hearing in Nebraska.

If the arbitrator determines that a claim is frivolous or filed for an improper purpose, you may be responsible for covering Contour Health’s arbitration costs. The arbitrator will provide a written decision explaining the ruling. Either party may request a review of arbitration-related costs within 14 days of the final ruling.

6. No Class Actions

Both you and Contour Health agree that any dispute must be handled on an individual basis. Neither party may join or initiate a class action, collective lawsuit, or any other legal proceeding involving multiple claimants. Unless both sides agree, the arbitrator cannot oversee a case that involves multiple people making claims together.

7. Enforceability

If any part of this arbitration section is found invalid or unenforceable, the rest of the section will still apply. However, if Section 6 (No Class Actions) or the entire arbitration section is deemed unenforceable, disputes will be handled according to the laws of the State of Utah.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Utah.

Privacy Policy

Contour Health values your privacy and is committed to protecting your personal information. Please review our Privacy Policy to understand how we collect, use, and disclose your personal data. By using the Site and Services, you acknowledge that you have read and agree to the Privacy Policy, which is hereby incorporated by reference into these Terms of Service.

Electronic Communications

By accessing or using the Site and Services, you consent to receive electronic communications from Contour Health, healthcare providers, and partner pharmacies. These communications may be sent via email, the Site, or other electronic means.

You acknowledge and agree that:

  • Electronic communications satisfy any legal requirement that such communications be in writing.

  • Any communication will be deemed delivered on the date it is transmitted to you.

Contact Information

Questions about these Terms of Service should be sent to us at reception@contourhealthrx.com