Effective Date: June 19, 2021
Your health is very important to us, so please read these Terms & Conditions (Terms) carefully. As we get started, please keep in mind that Apollo’s Services are very limited in nature, so:
If you have a medical emergency, dial 911 or call your doctor right away.
Talk to your primary care clinician (the doctor who knows you best) BEFORE taking ANY medications they don’t prescribe.
Apollo Health Products, LLC (Apollo, us, or we, etc.) owns and operates a website (www.apollofor.me) and related web and mobile applications (collectively, Sites) to provide you, the registered user and accountholder (User), with certain services (Services) that include:
Information about healthcare, fitness, and wellness (Content) that you are free to use to improve your own life (or not - it’s up to you);
“One-stop-shopping” for direct access to specific healthcare providers, including pharmacies, for specific health conditions and purposes;
Gathering, recording, transmitting, and storing healthcare information and records; and
Healthcare-related administrative support, such as managing refills and payment routing and processing
We have to make sure that the playing field is level for ALL of our Users. So, if you use our Sites or otherwise do business with Apollo as a User, that means you understand and agree to these Terms. If you don’t, or can’t for whatever reason, we can’t let you use our Services. We hate to be like that, but it’s the only thing that makes sense.
We aren’t perfect, and can’t have thought of everything that needs to be in these Terms. So we may need to make changes occasionally, and we might not notify you ahead of time. Using the Services, or continuing to do so after any changes to these Terms, means you accept and agree to the most recent posted version. So please reread these Terms anytime you use our Services.
Apollo is at heart a healthcare access platform. Our Services include bringing you together with quality healthcare providers through our Sites, hopefully making your experience easier and more convenient. But quality isn’t free. To keep the Services affordable, we have to specialize: we find healthcare providers who deliver very specific services for very limited and specific purposes at pre-negotiated prices
However, Apollo does not - itself - provide any healthcare products or services, to you or anyone else. So we aren’t a healthcare “provider,” and you aren’t Apollo’s “patient.”
The healthcare providers you access when using the Services (Providers) include prescribing healthcare practitioners (physicians, nurse practitioners, clinician assistants), pharmacists, pharmacies, and specialist or support practitioners such as nurses, nutritionists, therapists, and technicians. The Providers are the ones who actually deliver clinical healthcare services and products to you. They do things like review your medical history, consult on medical diagnoses, recommend treatments, advise you about drug interactions and side effects, and issue and fill prescriptions for treatments.
The Providers are not Apollo. They are also not Apollo employees. Apollo contracts with them (or in some cases with their professional entities and practices for their professional services) to provide specific healthcare products and services to you for specific purposes described on the Sites. Your patient-provider relationship is with the Provider, not with Apollo.
Apollo facilitates information flow and User-Provider interactions, but we are not involved in any way with any Provider’s clinical judgment. We do not tell them when, if, or how to make a diagnosis, recommend or authorize treatment, or do anything else within their professional practice. We like to think that we make it easier for them to do those types of things for you, but we do not have any input. And we certainly do not control them.
Users must be adult U.S. residents (18+ or 19+ if you live in AL or NE). Services are provided only to Users located in a State where the particular Services are available (see the Service Availability section). You also have to agree to these Terms.
This does not mean that you are entitled to receive Services, or that you will—just that you are eligible and may register as a User.
Services are provided only to adult U.S. resident users located in the U.S. Not all Services are available everywhere. If a Service is not available in your State, it’s probably because your local laws prevent Apollo from providing it in a practical manner - or at all.
Most Services are available in
You will need access to a working computer or mobile device, Internet service (data charges may apply), and the right software, such as a web browser, to do business as a User with Apollo. This is because we interact with you (and the general public) only online and almost always through the Sites. We do not have a physical customer service facility. telephone support is limited to active Users, and then only when absolutely necessary as a backup to online customer support.
We will try very hard not to bother you too much, but Apollo, and our affiliates and Providers, may communicate with you now and then for any legitimate business purpose. This might be by telephone, email, discreetly addressed mail to your home, SMS text, chat, or direct or private message - anything that you reasonably authorize by your words or actions. You can opt out of most of these communications by mailing a written request to Apollo Health Products, Attn: Consumer Data, 28311 N Main St. Ste 200, Daphne, AL 36526, or by emailing us at firstname.lastname@example.org.
You cannot, however, opt out of all communications - if you want to remain a User. We (and the Providers) have to be able to communicate with you at some level for the Services to function, for essential purposes such as administering and updating your account, troubleshooting the Services, and notifying you of information important to your healthcare services, products, experiences, and outcomes.
These communications are important, and you have to monitor them and read them, especially the essential-purpose ones. You agree not to hold Apollo, our affiliates, or any Providers liable for any loss, injury, or claim of any kind resulting from your failure to (a) read these communications and respond reasonably and prudently, and/or (b) comply with any recommendations, especially as to treatment and precautions, set forth in these communications.
All Providers only practice through telemedicine (aka telehealth) when providing healthcare services to you, the User. Providers are not required to (and may refuse to) examine or treat you in-person. If a Provider agrees to examine or treat you in-person, you will probably have to pay extra - that’s between you and the Provider, and not Apollo. Because in-person healthcare services are not part of or covered by any Services you may subscribe to.
Telemedicine has significant benefits, but there are some potential risks that you assume when you access healthcare using telemedicine, through the Services or otherwise. Only you can decide if telemedicine is right for you.
Refer to our Informed Consent to Telemedicine Services (Consent) for more detailed information. The Consent is part of these Terms.
Providers may use the Services, including information you submit through the Site, to provide the treatment or advice you need or request. They may also contact you without using the Services. It all depends on their clinical judgment, and Apollo does not second-guess what they decide is necessary.
We already addressed some of the benefits and risks of telemedicine (see above). You also have to accept the practical and legal limitations on telemedicine practice. For example, state law may restrict Providers’ treatment options without an in-person physical examination. The scope of Providers’ diagnostic inquiry and analysis, and corresponding treatment recommendations (if any), is strictly limited to the specific medical conditions and disease states made the subject of the Services.
Other than the content (or Content) on any publicly accessible Site pages, Services are available only to Users: individuals who register with Apollo, open an account to use the Services, and are granted login credentials (at minimum, a unique username and password).
Apollo’s Services cannot function and the Providers cannot provide adequate healthcare services without complete and accurate and up-to-date information - from you.
So, by becoming a User, you certify that Apollo and Providers may rely on all the information you provide through the Services as being current, complete, truthful, and accurate—each and every time healthcare products and services are provided to you in connection with the Services. If you do not update your information to keep it reliable, or if we reasonably suspect that your information is no longer reliable, we may suspend or terminate your account with or without notice to you.
General, non-specific Content is not medical advice, even Content made available only to registered Users. Only individual communications from a Provider directed to you should be considered medical advice. Those communications are only for your own personal use, and only under those specific circumstances.
Healthcare information is very private, and we take your privacy very seriously. We need your help to do so.
Users also agree to notify Apollo immediately of any known or suspected compromise, loss, theft, or unauthorized use or disclosure of Credentials, or of any other security breach relating to the Services, by emailing Apollo at email@example.com. We may take any action we deem necessary to maintain the security and integrity of the Sites, Services, and your User account.
You are responsible for all activities that occur under your account until Apollo receives that email, regardless of any compromise. You are responsible for changing your Credentials immediately if you suspect a compromise.
Accounts are opened for and Credentials granted to one (1) individual User. You may not use anyone else’s account, nor may you allow anyone else to use yours.
You agree that Apollo has no liability for any damages or losses arising from or relating to your failure to comply with this section. Such failure also will result in immediate account suspension for an indefinite period or possible termination, at Apollo’s sole discretion. Repeat failures, any intentional violation, or any act of misrepresentation or deception (including by omission) in connection with your account or the Services, will result in immediate termination, and may result in a permanent ban on the individual User with respect to all products and services provided by or through Apollo or its affiliates.
Also, if healthcare products and services, especially prescription-only drugs and devices, are obtained for anyone other than the User or through any sort of fraud or false pretenses (includes knowingly allowing another person to use your account), Apollo will also report the perpetrator(s) to the relevant legal authorities.
It’s in our best interest (and yours) to be up and running as much as possible, but … things do happen. We may not be able to provide all parts of the Sites and every conceivable Service to every User all the time. You have to understand and agree that we aren’t liable for any kind of outage of unavailability, no matter what the extent, duration, or reason. It’s not like we’re curing cancer, after all.
We spend a lot of time and money keeping the Sites and your information secure. Don’t throw all that away by accessing the Sites or otherwise using the Services on any computer or device running a modified, unlicensed, non-manufacturer-approved, outdated, or unsupported operating system. Doing so constitutes a material breach of these Terms, and may undermine features intended to secure your confidential and protected health information.
As long as you, the User, comply with these Terms, Apollo grants you certain limited rights as to the Sites. You may: (a) view, download, access, and use the Sites in the United States, and (b) use the Services only for your own personal purposes consistent with these Terms, and not for any commercial purpose. These rights are granted to you (and only you); and they may not be transferred. Apollo may deny, suspend, or terminate these rights at any time, for any reason, and/or for no reason at all, in our sole discretion.
By registering an account, you agree to refrain from the following prohibited actions (includes attempted actions) in the context of using the Sites and Services:
Using the Sites or Services to violate any local, state, national, or international law;
Using the Sites or Services for personal gain, any political or commercial purpose, or any purpose other than your personal use in accessing healthcare products and services;
Distributing or propagating any harmful computer code (such as a virus or Trojan) that could damage, alter, or compromise any electronic device, communications network, data, system, device, or property
Impersonating someone else or concealing your identity or affiliations;
Reverse engineering or translating any software or other components of the Sites;
Transferring, assigning, or disclosing non-public content on the Sites to anyone else;
Developing competing products or services, or otherwise creating any detriment or commercial disadvantage to Apollo;
Damaging, disrupt, or overburdening, or otherwise attacking the Sites and data thereon;
Violating Site security or gaining unauthorized access to the Sites and/or Services or any computer network;
Bypassing, removing, compromising, or circumventing any Site security device, protection, or measure implemented;
Violating intellectual property rights that don’t belong to you;
Removing, deleting, altering, defacing, or obscuring any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Sites or any content made available to you on or through our Sites;
Monitoring, copying, aggregating, or disseminating any data, reports, or content made available on or through our Sites and Services, except as permitted under these Terms.
Apollo will not knowingly or intentionally publish, and will take reasonable and required measures to keep private and secure depictions of your likeness and personal data and information potentially protected under HIPAA (collectively, Confidential Information). Apollo may share Confidential Information with Providers at your request or in furtherance of facilitating healthcare goods and services requested by you. Aggregated Confidential Information that has been “de-identified” (as that term is understood under HIPAA) may be used, shared, and/or distributed at Apollo’s discretion. Otherwise, Confidential Information is yours, alone, and you retain all rights at all times.
All non-Confidential Information you provide to Apollo,, including, without limitation, your feedback (questions, comments, reviews, suggestions, etc.), communications (other than between you and a Provider), and forum posts and uploads, becomes Apollo’s property immediately upon receipt. Apollo may use non-Confidential Information for any purpose at any time and at our discretion.
Apollo owns all right, title, and interest in and to the Sites and their content (and Content), features, and functionality, and all appertaining intellectual property rights. This includes (a) all non-Confidential Information you submit to or using the Sites or Services as discussed elsewhere in these Terms, and (b) names, logos, and other materials displayed in and through the Sites may constitute trademarks, trade names, and service marks or logos of Apollo or its affiliates. You may not reproduce, distribute, create derivative works from, store, or sell any of the material on the Sites except as specifically authorized under these Terms.
The Sites and communications from Apollo and its affiliates may contain hyperlinks and similar referrals to other websites (Linked Sites). Hyperlinks are a matter of User convenience and do not constitute or imply endorsement by or affiliation with Apollo, unless we specifically state otherwise in writing. Unless we own or operate the Linked Site, we are not responsible for content, information, security, behavior, risks, or offerings. These Terms do not apply to any Linked Sites or your use of them.
You may terminate the Terms at any time by discontinuing use of the Sites. Your rights related to accessing the Sites granted under these Terms automatically terminate if you violate these Terms. Apollo may also terminate the Terms and/or its relationship with you at any time or for any reason, including for any violation of these Terms and as stated elsewhere in these Terms.
USE OF THE SITES AND SERVICES IS AT YOUR OWN SOLE RISK. THE SITES AND ANY SERVICES PROVIDED THROUGH THE SITES ARE AN “AS IS” AND “AS AVAILABLE” BASIS. APOLLO AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE FOREGOING, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
APOLLO AND ITS AFFILIATES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE SITES.
APOLLO DOES NOT GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION. APOLLO HAS NO RELATED LIABILITY.
YOU UNDERSTAND THAT, EXCEPT AS SET FORTH IN THIS SECTION, APOLLO AND ITS AFFILIATES ARE NOT LIABLE TO YOU OR TO ANYONE ELSE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES ARISING FROM OR RELATING TO ANY (INABILITY TO) USE OR ACCESS THE SITES OR ANY SERVICES PROVIDED THROUGH THE SITES. THIS REMAINS TRUE EVEN IF APOLLO OR ITS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
To the extent that applicable law prohibits the liability limitations and warranty disclaimers set forth in these Terms, their scope and duration will be the minimum permitted under such law.
You agree to indemnify, defend, and hold harmless Apollo and its affiliates from all claims, damages, and liabilities, including, without limitation, reasonable attorneys’ fees, costs, and expenses, arising from or relating to (or alleged to do so) your use of the Sites in any way inconsistent with these Terms or any applicable law.
Apollo, for itself and on behalf of the Providers, may limit how much of a healthcare product, such as a medication, is made available in response to any order, request, or authorization (order) from you, and all or part may be rejected, without prior notice. If there’s an error, you agree we can correct it, including by charging you the correct price or (if prior to shipment) cancelling the order and refunding the amount charged. We will only charge the prices, taxes, and other applicable charges for products included in each shipment. Prices are subject to change at any time.
You are responsible for any applicable taxes, levies or fees (“Taxes”) on products or services purchased through our Services. We will collect Taxes from you if we think we (or the applicable Provider) have (has) a duty to do so. Taxes collected at checkout are estimates only, and actual amounts charged may vary, depending on payment processor programs and tax rate changes. We only collect Taxes in states where required to do so. You may have to report and pay Taxes directly if we do not collect them.
You agree to pay all fees for requested services, including any fees charged by Providers. We only accept payments through the Sites, using methods listed on the Sites. By entering your payment information and submitting your service request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due, including any applicable Taxes and shipping and handling charges.
If your payment method expires or if your payment otherwise cannot be processed for any reason, we may attempt to process the charge until the transaction is approved. You may be contacted to provide an alternative payment method. Your charge account issuer (usually your bank issuing the card) may also be requested to provide updated account information, such as card numbers and/or expiration dates. If such updated information is provided, you agree we may (a) make corresponding changes to your stored User account information, and (b) use such to process payments for your future purchases and subscription charges. Your account issuer may give you the right to opt out of providing vendors and third-party payment service providers with updated information in this fashion. If you wish to opt out, contact your charge account issuer. We are not responsible for any fees or charges that may apply. If your bank or account issuer reverses a charge, we may bill your account directly and seek payment by another method including a mailed statement.
All charges and refunds on or through the Services are processed through third-party online service(s) and application(s). These third-party payment processing vendors have their own privacy policies and security measures available on their respective websites or by contacting those vendors directly. This is for informational purposes only, and these vendors’ policies and measures are not part of these Terms. Apollo does not control or direct these vendors. Our only relationship with them is by contract for their payment-processing services.
You agree to pay any shipping and handling charges shown at the time of purchase. We reserve the right to change shipping and handling charges, but will notify you of any changes prior to purchase. Any delivery dates or times shown during checkout are estimates only and are not guaranteed. Unless we state otherwise in writing via the Service, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
We resolve User concerns, issues, and disputes may be addressed on a case-by-case basis, at our sole discretion. Any particular resolution does not imply a similar outcome under similar or even identical subsequent circumstances.
By default Apollo submits prescriptions obtained through the Services for filling and shipment by Triad Rx, Inc. or another appropriate integrated pharmacy Provider. You can elect for Apollo to forward the prescription to another pharmacy, as long as you are willing to pay the price that pharmacy customarily charges for your medications—in addition to whatever Apollo collects. Apollo does not make payments on your behalf to non-integrated pharmacies. Refer to the Payment section for additional information.
Your payments to Apollo may include fees charged by Providers for healthcare products and services, including prescribed medications. Healthcare products and services you receive from non-Providers (such as non-integrated pharmacies, per the Pharmacy Services section) are not available through the Services, and related payments are not included in amounts Apollo collects. As a result, you may be charged separately by those providers for whatever services or products you receive from them at whatever price they are allowed to charge under applicable laws.
Healthcare providers, including Providers, do not have to furnish you with any healthcare products or services; and Apollo does not have to make payment to them on your behalf, unless and until full payment has been received and/or verified.
Apollo is committed to the best possible customer experience. We will correct any mistakes on our end, and replace any damaged or defective products. Contact us at firstname.lastname@example.org so we can make things right.
However, for consumer safety reasons medications can’t be reused or resold, even if you don’t use any. So we can’t accept medication returns for a refund - all sales are final.
Third-party healthcare payors, such as private health insurers and government healthcare programs like Medicare and Medicaid, exclude payment for some healthcare services and products, including many prescribed medications. You may have to pay for these excluded services and products out of your own pocket.
To our understanding, no such payor currently covers any of the healthcare products and services made available through the Services, at least not the way Apollo structures payments, where limited-scope telemedicine and pharmacy Provider integration are leveraged into a single payment package or subscription in an effort to hold down costs.
By becoming a User, you acknowledge and agree that (a) you will pay out-of-pocket for all healthcare services and products you request and receive, (b) neither Apollo nor any Provider will bill any third-party payor for those services or products, and (c) you will not submit a claim for reimbursement under any health insurance or government healthcare policy, program, or benefit.
Healthcare services and products purchased through Apollo’s Services may - or may not - qualify for the expenditure of funds under any Health Savings Account (HSA). HSA fund utilization for such purposes is at the Users own risk.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND APOLLO TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM APOLLO
Governing Law: These Terms and your use of the Sites and Services will be governed by and construed in accordance with the laws of the State of Alabama, without regard to any conflict of laws principles.
Dispute Resolution (Arbitration) and Venue: Any dispute arising from or relating to these Terms or the subject matter hereof shall be resolved exclusively by final and binding arbitration in Baldwin County, Alabama pursuant to American Arbitration Association rules; provided, however, that either party may bring a claim for damages related to intellectual property rights, or seek temporary and preliminary specific performance, or declaratory or injunctive relief, in any state court of competent jurisdiction located in Baldwin County, Alabama, which shall constitute the sole and exclusive forum and jurisdiction, and only convenient venue, for resolving any such claim. The party prevailing in the particular proceeding (arbitration or legal action) shall be entitled to recover reasonable attorneys’ fees, costs, and expenses actually incurred in connection with the proceeding, in addition to all other rights and recoveries.
Severability: If the court (not an arbitrator or arbitration panel) declares or determines that any term or provision of these Terms is invalid or otherwise cannot be lawfully enforced under contract, then the offending term or provision will be severed and replaced with language that most closely matches the severed provision or term’s purpose, function, and intent, consistent with and to the extent permitted by law. The invalidity of any term or provision of these Terms will not affect the validity and enforceability of the remainder. Section headings are for convenience of reference only and have no substantive force or effect.
No waiver by Apollo of any term or condition set forth in these Terms shall be deemed a further or continuing waiver thereof, or a waiver of any other term or condition. The failure by Apollo to assert a right or enforce a provision under these Terms shall not constitute a waiver thereof.
Nothing in these Terms, Content, or Services creates or implies any relationship or between you other than an arm’s length contract for non-healthcare services. This means that no partnership, joint venture, employment, provider-patient, master/servant, agency, fiduciary duty, or other non-contractual relationship exists between you and Apollo. In particular, you may not enter any contract on Apollo’s behalf or bind or obligate us to third parties in any way.
You specifically acknowledge and agree that your violation of or failure to comply with these Terms, or the actual or constructive threat thereof, constitutes an unlawful and unfair business practice and will otherwise cause Apollo irreparable and unquantifiable harm. You further agree that monetary damages would not suffice to redress such harm and therefore consent to injunctive or other equitable relief as Apollo deems necessary and appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
You may not assign any of your rights under these Terms under any circumstances. Apollo and its affiliates may, in their respective individual discretion, assign or otherwise transfer, without further consent from or notification to you, all contractual rights and obligations arising under or related to these Terms or the subject matter hereof if some or all of the business of Apollo is transferred to another entity by merger, asset sale, acquisition, or other transaction
Apollo may remove any content or any other material or information available on or through our Sites, at any time, for any reason. Apollo otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This section describes the procedure for so notifying Apollo.
Notification of Claimed Copyright Infringement: If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to our Designated Agent, as follows:
Michael Jordan, at email@example.com.
All copyright infringement notifications to Apollo pursuant 17 U.S.C. § 512(c) must include the following information:
The full legal name, residential or principal office address, and telephone number of (a) the owner(s) of the exclusive right allegedly being infringed, or if applicable, (b) the individual non-owner authorized to assert or advance copyright infringement claims on behalf of such owner(s), along with a brief description of the basis for such non-owner’s authority to act, supported by reasonable and verifiable confirmatory documentation (letters testamentary, employment appointments, corporate resolutions, powers of attorney, owner’s affidavit, etc.).
The electronic or physical signature of the individual asserting or advancing the copyright infringement claim;
An identification of the copyrighted work or other intellectual property claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
An identification of the content or material claimed to perpetrate the infringement and where same is located on our Sites;
A statement there is a good-faith belief that the use of the allegedly infringing content or material is not authorized by the copyright owner, its agent, or the law; and
A signed statement that the above information in the notice is accurate and that, under penalty of perjury, the signatory is either the copyright owner or authorized to act on the copyright owner’s behalf.
Apollo Health Products, LLC is a patient-first
company that provides tailored solutions to
common medical problems.