Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Open Water Rx LLC ("Open Water Rx," "we," "us," or "our"), a Florida limited liability company. By accessing or using our website at openwaterrx.com or any of our telehealth services (collectively, the "Services"), you agree to be bound by these Terms in their entirety.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SERVICES. Your continued use of the Services following any modification to these Terms constitutes your acceptance of the revised Terms. We reserve the right to update these Terms at any time without prior notice.

Open Water Rx is a telehealth platform that facilitates connections between patients and independently licensed healthcare providers. WE ARE NOT A MEDICAL PROVIDER. The information provided on this Site, including all text, graphics, images, and other material, is for informational purposes only and does not constitute medical advice, diagnosis, or treatment.

No physician-patient relationship is established by your use of this Site alone. A physician-patient relationship is only established upon a licensed physician's acceptance of your case and issuance of a prescription. Open Water Rx does not practice medicine and does not employ physicians. All clinical decisions are made solely by the independent licensed healthcare providers who review your evaluation.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

To use our Services, you must:

Be at least 18 years of age - Be a resident of a state in which our Services are available - Have the legal capacity to enter into a binding agreement - Not be prohibited from receiving our Services under applicable law - Provide accurate, current, and complete information during registration and evaluation

By using our Services, you represent and warrant that you meet all eligibility requirements. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, including if we believe you have provided false or misleading information.

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

Provide false, inaccurate, or misleading health information in your evaluation - Impersonate any person or entity or misrepresent your identity - Use the Services for any fraudulent or unlawful purpose - Attempt to gain unauthorized access to any portion of the Services - Interfere with or disrupt the integrity or performance of the Services - Harvest or collect personal information of other users - Use automated scripts, bots, or scrapers to access the Services - Reproduce, duplicate, copy, sell, or exploit any portion of the Services without express written permission - Upload or transmit viruses or any other malicious code - Violate any applicable local, state, national, or international law or regulation

Violation of these prohibitions may result in immediate termination of your access to the Services and may subject you to civil or criminal liability.

Open Water Rx facilitates access to licensed healthcare providers who may, at their sole clinical discretion, prescribe medications including GLP-1 receptor agonists. We make no guarantee that a prescription will be issued following your evaluation. Prescribing decisions are made exclusively by licensed physicians based on clinical judgment.

Medications are dispensed by independent, licensed pharmacies. Open Water Rx is not a pharmacy and does not dispense medications. We are not responsible for the actions, errors, or omissions of any pharmacy.

You acknowledge that all medications carry risks and potential side effects. You agree to review all prescribing information provided and to consult with your physician regarding any concerns. You assume all risks associated with the use of any prescribed medication.

Prescriptions are issued for your personal use only and may not be transferred, sold, or shared with any other person. Misuse of prescription medications may violate federal and state law.

Fees for our Services are disclosed prior to purchase. By providing payment information, you authorize us to charge the applicable fees. All fees are in U.S. dollars.

Subscription plans are billed on a recurring monthly basis. You may cancel your subscription at any time; however, we do not provide refunds for partial billing periods or for medications that have already been dispensed and shipped.

Refunds may be considered on a case-by-case basis at our sole discretion for consultation fees where no prescription was issued. To request a refund, contact info@openwaterrx.com within 7 days of the charge.

We reserve the right to modify our pricing at any time. We will provide notice of pricing changes prior to your next billing cycle. Continued use of the Services after a price change constitutes acceptance of the new pricing.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPEN WATER RX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; OR (D) THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OPEN WATER RX OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPEN WATER RX LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

(A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (E) ANY MEDICAL DECISIONS MADE BY INDEPENDENT HEALTHCARE PROVIDERS.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO OPEN WATER RX IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

You agree to defend, indemnify, and hold harmless Open Water Rx LLC and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services; (c) your violation of any third-party rights, including any intellectual property or privacy rights; (d) any false or misleading information you provide; or (e) your violation of any applicable law or regulation.

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. Any arbitration shall be conducted in Lee County, Florida, or remotely at our discretion.

Any claim must be brought within one (1) year of the date the cause of action arose, or such claim is permanently barred.

All content on this Site, including but not limited to text, graphics, logos, images, audio clips, and software, is the property of Open Water Rx LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Site without our prior written consent.

We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, and with or without notice, including if we reasonably believe you have violated these Terms. Upon termination, your right to use the Services will immediately cease.

All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy, HIPAA Notice, and Telehealth Consent, constitute the entire agreement between you and Open Water Rx LLC regarding the Services and supersede all prior agreements, representations, and understandings.

For questions about these Terms, please contact:

Open Water Rx LLC Cape Coral, Florida Email: info@openwaterrx.com