Terms of service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY; THE TERMS AND CONDITIONS ARE A BINDING CONTRACT BETWEEN YOU AND US AND, THUS, AFFECT YOUR RIGHTS. By using the Services, you agree to read, comply with, and be legally bound by these Terms and Conditions and the Physician’s Choice Privacy Policy available at https://physicianschoice.com/policies/privacy-policy (the “Privacy Policy”). If you do not agree to these Terms and our Privacy Policy, you may not access the Website or use our Services.
ATTENTION!—CLASS ACTION WAIVER AND ARBITRATION AGREEMENT: These Terms contain provisions that govern how claims you and we may have against each other are resolved—including a class action waiver and an agreement and obligation to arbitrate disputes. YOU WILL NOT BE ABLE TO BRING OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST US. And the arbitration agreement, subject to limited exceptions, requires you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with Section 16. CAREFULLY REVIEW SECTION 16 BELOW ENTITLED “ARBITRATION PROVISION AND CLASS ACTION WAIVER“ BEFORE YOU AGREE TO THESE TERMS OR USE OUR WEBSITES OR SERVICES.
The Services are offered and available to users who 16 years of age or older and reside in the United States or any of its territories or possessions. By using this Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
TABLE OF CONTENTS
2. MODIFICATIONS TO THE SERVICE AND PRICES
3. OWNERSHIP OF INTELLECTUAL PROPERTY
7. PHYSICIAN’S CHOICE SUBSCRIPTIONS
10. USER REVIEWS, COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
11. ERRORS, INACCURACIES, AND OMISSIONS
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
16. ARBITRATION PROVISION AND CLASS ACTION WAIVER
17. CHANGES TO THE TERMS AND CONDITIONS
1. ONLINE STORE TERMS
You represent that you are at least the age of majority in your state or province of residence, and you agree that you shall not: (a) use any products available on or through the Website (i) for any illegal or unauthorized purpose, or (ii) in any manner that is harmful, deceptive, threatening, abusive, harassing, tortious, obscene, libelous, or otherwise objectionable in our sole discretion; (b) violate any laws in your jurisdiction (including but not limited to copyright laws); (c) use the Website in connection with any products or services not supplied or provided by us or otherwise approved by us in writing; (d) remove any proprietary notices, labels, or marks on the Website; (e) attempt to derive any source code or underlying ideas or algorithms of any part of the Website; or (f) transmit any worms or viruses or any code of a destructive nature.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services.
2. MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right at any time to modify or discontinue the Website, the Services (or any part or content thereof), and our products (including prices) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services or any products.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
Physician’s Choice or its licensors exclusively own all right, title, and interest in and to this Website and all contents and materials contained therein, including without limitation all ideas, inventions, inferences, discoveries, software code, developments, derivative works, upgrades, patches, formats, and processes, and all images, trademarks, service marks, logos, and icons displayed therein or related thereto (collectively, “Physician’s Choice Intellectual Property”). Except as expressly provided in these Terms, you shall have no right, license, or authorization to any of the Physician’s Choice Intellectual Property. Physician’s Choice is not transferring or granting to you any right, title, interest, license, or other permission in or to any of the Physician’s Choice Intellectual Property. ANY UNAUTHORIZED USE OF THE PHYSICIAN’S CHOICE INTELLECTUAL PROPERTY, WHETHER OWNED BY US OR OTHER PARTIES, MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, PRIVACY AND PUBLICITY LAWS, AND COMMUNICATIONS REGULATIONS AND STATUTES, AND IS EXPRESSLY PROHIBITED. Trademarks owned by third parties are the property of those respective third parties.
4. ACCOUNTS
To use certain features of the Website, you might be required to register for an account (“Account”) and provide certain information about yourself. You represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information, and will update such information in the event of changes; and (c) your use of the Website does not violate any applicable law, regulation, or these Terms.
You are responsible for maintaining the confidentiality of your Account login information. You are responsible for all activities that are associated with your Account (including, but not limited to, any purchases, use of the Website, or communications from your Account, and purchases made from your Account). You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your Account or any other breach of security.
5. PRODUCTS; PURCHASES
Certain products or services may be available for purchase through the Website. We have made every effort to display as accurately as possible the colors and images of our products that appear on the store/site, but we cannot guarantee that such images are accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Services made on this Website is void where prohibited.
When you order products through the Website, you may be asked to provide certain information, including your name, email, phone number, payment card information, billing address, and shipping address. By purchasing a product, you represent and warrant that: (i) you have the legal right to use any payment card(s) or other payment method(s) used in connection with any purchase; and (ii) the information you supply to us is true, correct, and complete. By submitting this information, you grant us the right to use and provide the information to third-party service providers, including payment processors, to facilitate your purchase. You agree to provide current, complete, and accurate purchase and Account information for all purchases made at our store. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased. If we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
When you make a purchase, you are solely responsible for providing us with accurate shipping information and a valid phone number or email address. If any product is returned to us as a result of your failure to provide us with accurate shipping information, we are under no obligation to re-send the product to you, and you shall be responsible for any additional shipping fees or other charges that may be applied to the return of the product to us or in re-sending the product to you.
With respect to shipments of products to consumers, wherever they may reside, title to products will be shipped FOB shipping point and all risk of loss shall pass to you immediately upon our delivery of the products to the common carrier. You are solely responsible for providing us with accurate shipping information and a valid phone number or email address. In the event that any product is returned to us as a result of your failure to provide us with accurate shipping information, you shall be responsible for any additional shipping fees or other charges that may be applied to the return of the product to us or in re-sending the product to you.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL CONTENT PROVIDED ON THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY PHYSICIAN’S CHOICE OR BY OTHER USERS OR THIRD PARTIES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (i) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (ii) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (iii) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY OF OUR PRODUCTS OR RELYING ON ANY INFORMATION YOU OBTAIN ON THE SERVICES. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.
6. REFUNDS AND RETURNS
All returns and refunds are subject to our Return & Refund Policy, which is incorporated herein by reference.
7. PHYSICIAN’S CHOICE SUBSCRIPTIONS
Certain Physician’s Choice products may be offered on a subscription basis. If you purchase a Physician’s Choice subscription, you will continue to be automatically billed on a recurring basis, and your selected products will automatically ship at the price and frequencies you choose at the time you check out unless, and until you modify or cancel your subscription through your Account. Your Account will be charged the initial subscription fee, and all recurring fees, using the payment method provided or selected by you at the time of purchase or otherwise provided in your Account. You can cancel or modify your subscription through your Account. You must cancel or modify your subscription at least 2 days in advance of your next shipping date for your cancellation or modification to become effective.
We may, in our sole discretion, terminate or pause your subscription at any time without notice. We may also, in our sole discretion, cancel any subscription program at any time without notice to you.
8. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
9. THIRD-PARTY LINKS
Our Website might include links to third-party content, websites, products, and services. We are not responsible for, and we undertake no liability, for any third-party materials or websites, or your purchase or use of goods, services, resources, content, or any other transactions made through any third-party links. Please review carefully the third party’s policies and practices before you engage in any transaction with them.
10. USER REVIEWS, COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
We welcome your reviews, comments, and other communications, photos, videos, and any other content that you submit to us, or through the Website, and any content you publish through any social media platform, including your name, reviews, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (e.g., X™, Instagram™, Pinterest™), and creative ideas, suggestions, proposals, plans, product reviews, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”). When you submit Comments to us, whether through the Website, by email, mail, or phone, on social media, or on third-party websites, you grant to us a nonexclusive license for use of such Comments. You agree that we may edit, copy, publish, distribute, translate, and otherwise use (in whole or in part, including paraphrased or edited for length) in any medium now known or unknown any Comments that you forward to us. We shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; (3) to respond to any Comments; (4) to use any Comments; or (5) to notify you of the use of any such Comments.
You agree that your Comments will not violate any law or regulation, or the rights of any third party (including copyright, trademark, privacy, personality, or other personal or proprietary right). You further agree that your Comments shall be truthful, honest, and reflect your own opinions, and will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party. We reserve the right, but have no obligation to, monitor, edit, or remove Comments that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any law, regulation, the rights of us or any third party, or these Terms.
11. ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our Website or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We make no representation, warranty, or guarantee regarding such matters, and we undertake no obligation to update, amend, or clarify information in the Services or on any related website, except as required by law.
12. PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website, its content, or any products available on or through the Website: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any federal, state, or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES (INCLUDING THE WEBSITE AND/OR PARTICIPATION IN THE MOBILE PROGRAM) ARE AT YOUR SOLE RISK. THE SERVICES, CONTENT, THE WEBSITE, INFORMATION AND MATERIAL ON THE WEBSITE, AND THE MOBILE PROGRAM ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. WITH RESPECT TO THE WEBSITE AND INFORMATION AND MATERIAL ON THE WEBSITE (INCLUDING THE CONTENT), PHYSICIAN’S CHOICE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE WEBSITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE WEBSITE MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITES, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE PHYSICIAN’S CHOICE EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITES USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
PHYSICIAN’S CHOICE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY INFORMATION, PRODUCT, OR SERVICE PROVIDED, ADVERTISED, OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES AND PHYSICIAN’S CHOICE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE. ANY SUCH LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY. IF YOU CHOOSE TO CLICK ON ANY SUCH LINKS, YOU ACKNOWLEDGE AND AGREE THAT YOU, NOT PHYSICIAN’S CHOICE, ARE DISPLAYING ITS CONTENTS AND YOU ACCESS SUCH SITES AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED BY ANY SOCIAL MEDIA SERVICES IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SOCIAL MEDIA ACCOUNTS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO CASE SHALL PHYSICIAN’S CHOICE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES OR ON THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, SERVICES, OR ANY PRODUCT AVAILABLE THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Physician’s Choice, 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 and Conditions or your use of the Services, including your contributions, any use of the Services’ content, services, features, and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Services.
15. TERMINATION
If in our sole judgment you fail, or we suspect that you have failed, to comply with these Terms or our Privacy Policy, we may terminate your Account and/or deny you access to our Website and/or Services (or any part thereof). All provisions of these Terms which, by their nature, are intended to survive and continue, shall survive despite such termination. YOU AGREE THAT PHYSICIAN’S CHOICE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES.
16. ARBITRATION PROVISION AND CLASS ACTION WAIVER
You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Website, purchase of any products or services sold or distributed through the Website (including any subscription arrangement), communications between you and Physician’s Choice (including telephone calls, emails, text messages, or other communications), any aspect of your relationship with Physician’s Choice, or these Terms and Conditions (including the enforceability of this arbitration provision) (“Claims”) will be resolved by binding arbitration pursuant to the Federal Arbitration Act, rather than in court, except that you may assert claims or seek relief in small claims court if your claims qualify. You agree that the enforceability of this section will be governed by, construed, and enforced, both procedurally and substantively, by the Federal Arbitration Act, 9 U.S.C. sections 1-9 (FAA).
Before either you or we pursue or participate in any Claim against the other party, you or we must notify the other party of the Claim in writing at least 60 days in advance of initiating the arbitration or court proceeding in order to provide a reasonable opportunity to resolve the Claim. You may send a written notice of your Claim to 6990 W 38th Ave, Suite 304, Wheat Ridge, CO, 80033 or email at support@physicianschoice.com. We may send written or electronic notice of our Claim to your email address, Account, or any physical or other address we have for you. The notice must describe the Claim in reasonable detail and set forth the relief requested so that the other party has an opportunity to adequately address the Claim. You and we agree to negotiate in good faith with each other to try to informally resolve the Claim and, if you and the Companies do not reach an informal resolution of the Claim within 60 days, then the claim may be submitted to arbitration as set forth below.
Arbitration shall be submitted to the American Arbitration Association (AAA) pursuant to the then-current AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here: https://www.adr.org/consumer. All disputes, claims, or requests for relief shall be arbitrated either by telephone, online, or based solely on written submissions, including affidavits, and will not involve any personal appearances by parties or witnesses unless you and we agree otherwise. There is no judge or jury in arbitration, discovery is more limited than in court, there are no class or representative proceedings, and court review of an arbitration decision is limited. An arbitrator must follow these Terms and can award on an individual basis the same damages and relief as a court (including, but not limited to, injunctive and declaratory relief, statutory damages, and attorneys’ fees). The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. A form for initiating arbitration proceedings is available on the AAA’s website (see “Demand for Arbitration, Consumer Arbitration Rules”, under Rules and Forms, Consumer Forms, at https://www.adr.org, but contact the AAA if you have issues locating the form).
You and Physician’s Choice will each bear their own costs and attorneys’ fees in the event of a dispute, unless otherwise required by AAA rules, provided, however, that the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees to the extent permitted by applicable law or under applicable arbitration rules. The entire dispute, including the scope and enforceability of this arbitration provision and arbitrability of any dispute, shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms. Nothing in this section is intended to limit the relief available to either you as an individual or Physician’s Choice in arbitration or small claims court, including equitable relief that an arbitrator may be required to make available by applicable law. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Colorado: (i) any dispute, controversy, or claim relating to or contesting the validity of our intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities.
YOU AGREE TO WAIVE YOUR RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS OR THROUGH PARTICIPATION IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. CLAIMS OR DISPUTES OF MORE THAN ONE USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. If a decision is issued stating that applicable law precludes enforcement of any of these limitations on class proceedings as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the state or federal courts located in Colorado.
You shall have thirty (30) days from the earliest of the date that you visit the Website, make a purchase, or submit information through the Website to opt out of this arbitration provision and class action waiver, by contacting us by email at support@physicianschoice.com. If you do not opt out by the earliest of the date that you visit the Website, make a purchase, or submit information through the Website, then you are not eligible to opt out.
17. CHANGES TO THE TERMS AND CONDITIONS
We reserve the right, in our sole discretion, to change or modify these Terms at any time. Changes or modifications shall become effective immediately upon posting. If we make any changes to these Terms, we will change the “Last Updated” date below. Please review these Terms periodically. Your use of the Website and/or Services will be governed by the Terms in place on the date you access the Services. If at any time you find the Terms unacceptable, you must immediately cease accessing or using the Services.
18. MISCELLANEOUS
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms is determined by an arbitrator or court of competent jurisdiction to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
19. MOBILE PROGRAM
Physician’s Choice offers various mobile messaging services (collectively, the “Mobile Program”). For example, you may receive a coupon for texting a short code, your email address, or other requested information to an identified number. By signing up for the Mobile Program, you provided your prior express written consent to receive from Physician’s Choice and its contractors marketing text messages made using an automatic telephone dialing system and/or an automated system for the selection or dialing of telephone numbers to any mobile or residential phone numbers you provide to Physician’s Choice as part of your enrollment in the Mobile Program. You also understand that consent is not required to make a purchase and that you may revoke your consent at any time.
By signing up for the Mobile Program, you also warrant and represent that you are either the account owner of any mobile or residential phone numbers you provide to Physician’s Choice, or you have the express permission of the account holder to provide such numbers. You must be 18 or older to participate in the Mobile Program. Message and data rates may apply. You, not Physician’s Choice, will be solely responsible for any carrier charges because of text messages associated with the Mobile Program.
If you require assistance with the Mobile Program, you may email us at support@physicianschoice.com or call 1-877-395-2707 (Monday to Friday, 7:00 am to 4:00 pm U.S. Mountain Time). When emailing or calling for support, please be sure to include your mobile number and a detailed description of your question or support issue.
To cancel your participation in the Mobile Program and stop receiving marketing text messages from Physician’s Choice, text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any Physician’s Choice text at any time. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
You agree not to send or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or contains hate speech. You acknowledge that Physician’s Choice may or may not monitor or screen mobile message content you provide, but shall have the right, without obligation and in its sole discretion, to monitor, screen, or refuse any content you make available, including content that violates these Terms. By opting in to the Mobile Program from a mobile telephone number, you are representing to Physician’s Choice that the mobile number from which you have opted-in is one for which you are authorized to provide consent to receive mobile messages from Physician’s Choice. You agree that if and before you disconnect or transfer your mobile number, you will send all necessary short codes to Physician’s Choice in order to stop future messages from being sent to that number.
Physician’s Choice is not responsible for incomplete, lost, late, or misdirected messages, including, but not limited to, undelivered messages resulting from any form of filtering by your mobile carrier or service provider, and cannot guarantee that each user will receive the benefit of the Mobile Program for each mobile message sent.
Physician’s Choice reserves the right, in its sole discretion, to cancel or suspend any or all of its Mobile Program, in whole or in part, for any reason, with or without notice to you.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
20. CONTACT US
If you have any questions about these Terms, please contact us at contact us via email to support@physicianschoice.com. You may reach us by mail to Physician’s Choice, Attention: Legal, 6990 West 38th Avenue #304 Wheat Ridge, CO 80033 USA.
Last Updated: July 8, 2025