By using this Website, you acknowledge that you have read, accepted, and agree to be bound by these Terms and Conditions (“Terms”, “Terms and Conditions”, or “Agreement”). These Terms and Conditions unconditionally extend and apply to all related applications, Internet service, Website extensions, as well as certain products and/or services offered through virtual medical consultation and evaluation services via Internet and/or telemedicine (“Service”, or “Platform”) sold and/or offered by Robert Tracy DO, Inc. (“Follikle”, or “Company”). If you are not in agreement with all of these Terms and Conditions, you are prohibited from using this Website and/or Service, and you may discontinue use immediately.
Agreement to Terms and Conditions
Terms and Conditions contained in this page shall govern your use of the Website and all of its content (collectively referred to herein as “Website”). These Terms outline the rules and regulations guiding the use of the Website located at www.follikle.com. All materials, information, documents, and/or services or all other entities (collectively referred to as “Content”) that appear on this Website shall be administered subject to these Terms and Conditions. These Terms and Conditions apply in full force and effect to your use of this Website, and this Website constitutes an express agreement with all the Terms and Conditions contained herein in full. Supplemental terms and conditions or documents that may be posted time to time are hereby expressly incorporated herein by reference. The Company reserves the right, in its sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. Do not continue to use this Website and/or Service if you have any objection to any of the Terms and Conditions stated on this page.
Your Relationship with follikle
Follikle makes available to individuals who register as users of the Service (“Users”) certain products and/or services sold and/or offered by Follikle, or by third-party medical providers, pharmacies, or other vendors of the Company’s Service. The Company’s Service provides access to prescription fulfillment services offered by the following pharmacy: EHT Pharmacy LLC dba Curexa (the “Pharmacies”). The Company may also provide you with access to one or more of the following medical groups who provide healthcare and/or other health services through the Platform (the “Medical Groups”): Robert Tracy DO, Inc. These Medical Groups employ or contract with medical doctors, physicians, and other health professionals who offer certain healthcare and/or other health services through the Platform (“Providers”, or “Health Counselors”). By accepting this Agreement, you acknowledge and agree that any services you receive from the Pharmacies, Medical Groups, and/or Providers through the Platform are also subject to this Agreement, and that the Pharmacies, Medical Groups and Providers are third-party beneficiaries of this Agreement.
The Company does not control or interfere with the method and manner of facilitation and/or practice of medicine or other health care by the Medical Groups or any Providers, each of whom is solely responsible for directing the medical care, health care, and/or treatment they provide to you. By accepting this Agreement, you acknowledge and agree that Follikle is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other health care provider-patient relationship with Follikle. By using the Service, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with the Medical Group and/or one or more Providers. Further, the Company does not control or interfere with any professional service provided by the Pharmacies, each of which is solely responsible for their provision of professional services rendered via the Service.
By accepting this Agreement, you acknowledge and agree that the Medical Groups and/or Providers may send you messages, reports, and emails via the Service regarding your diagnosis and/or treatment. You understand and agree that Follikle is not responsible for the security or privacy of communications services you use to receive the aforementioned messages, reports, and emails sent via the Service. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Follikle nor the Medical Group nor any Provider will be responsible in any way and you will not hold Follikle, the Medical Group or any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Medical Group(s) or your Provider(s).
While you are not establishing a doctor-patient or other health care provider-patient relationship with Follikle, by using the Service, you are establishing a direct customer relationship with Follikle to use the Service, including the purchase of any prescription and/or non-prescription products and/or non-medical services sold directly to you by Follikle via the Service. In connection with such relationship, you may provide to the Company, or cause to be provided to the Company on your behalf, personal information, including health information, that is subject to use by the Company in accordance with its Privacy Policy. Please refer to the “Privacy Policy” section on the Company’s Website.
Arbitration Notice & Waiver of Jury Trial and Class Action
Where permitted under the applicable law, you and Follikle agree that by using this Website and entering into this Agreement that any disputes between you, Follikle, Robert Tracy Do, Inc, Pharmacies, Medical Groups, and/or Providers arising out of or related to these Terms and Conditions or the Service will be resolved by binding, individual arbitration and you waive your rights to a jury trial and to participate in a class action lawsuit or class-wide arbitration. You agree that you may bring claims only in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and Follikle agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Shipping
Follikle currently does not ship internationally. Follikle reserves the right to reject orders where the delivery address is outside of the USA. We currently provide free ground shipping via USPS or Fedex. Your first order will not be processed or shipped until you’ve uploaded your driver’s license and photographs of your head and hairline or have had a telehealth visit. This is a legal requirement to prescribe medicine online. If you are enrolled in monthly subscriptions, monthly subscriptions are billed and shipped every 25 days to ensure you receive your medication on time. You can change your billing and shipping frequency at any time by reaching out to info@follikle.com or calling 323-684-2030.
Unless otherwise stated on the Website and/or Platform at the time of purchase, Follikle reserves the right to add applicable shipping and handling fees to your order. Once your order is ready to be shipped, you will receive an email with a tracking number. Although Follikle may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. Follikle is not liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by Follikle. Once Follikle has released your order to a third-party carrier or delivery service, you are responsible for any issues with delivery. Follikle is not liable for delivery addresses entered incorrectly by the customer or third party on behalf of the customer. Please make sure to double check that you have inserted your delivery address correctly at checkout. If you need to make changes to your delivery address, you must do so at least three (3) days before your next billing date.
Disclaimer
Results may vary per patient and are not guaranteed. The information on this Website and articles does not constitute medical advice and should only be used for informational purposes only. The information on this Website and articles is not a substitute for professional medical advice and should not be relied on to make medical decisions. Please make sure to discuss the risks and benefits of any treatment with your primary physician before beginning treatment.
Drug Side Effects Full Disclosure and Notice
The drugs, medications, and compounded formulas Happy Head provides as hair loss treatment have side effects that all patients should be aware of prior to starting treatment. The side effects include, but are not limited to, the lists provided in the materials and emails supplied with your order. If you do not see them included, please contact Happy Head immediately so that the Company can re-send them to you. By using Follikle, Users agree that in no event shall Follikle, its officers, directors, employees, health counselors, independent contractors or staff physicians or agents, be liable to you for any direct psychological, emotional, indirect, incidental, financial, special, punitive, or consequential damages whatsoever (including death) resulting from the purchase and use of products sold on this Website and/or Service.
Health Counselors
Users understand and agree that Follikle is not responsible for any information provided by any Health Counselors. Follikle does not provide any medical services. Among other activities, Follikle provides a technology platform to enable coordination and communication with a health care provider. You understand that by coordinating and/or consulting with a healthcare provider through the Follikle platform, you are not entering into a provider-patient relationship with Follikle nor its Health Counselors as defined under US federal and state laws.
Whenever Follikle uses the words “your physician,” “your medical practitioner,” “your doctor,” “healthcare provider,” or similar words, including in this Agreement, the Company is referring to your primary care physician with whom you have of a mutually acknowledged, doctor-patient relationship within the state that you reside. Health Counselors on the Happy Head platform are not “your” doctor, physician, medical practitioner, healthcare provider or dermatologist. Consultations with the Company’s doctors do not replace your relationship with any physician.
Accounts, Passwords, and Security
Certain features or services offered on or through the Website may require you to open an account (including setting up an email and/or username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Follikle immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Follikle or any other user of or visitor to the Website due to someone else using your account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s account at any time without the express permission and consent of the holder of that account. Follikle cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Follikle takes your privacy and the security of your health and other sensitive information very seriously. By using the Website, you acknowledge and agree that the transmission of information over the Internet and mobile networks is never completely private or secure. You understand that any message or information you send to Follikle and/or the Website may be read and intercepted by others, even if there is a special notice that a particular transmission is encrypted. Text messages and emails that you send to or receive from Follikle are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk. By initiating an SMS Enrollment, you consent to sending and/or receiving text messages between you and Follikle, that are not encrypted. Likewise, by emailing Follikle or giving Follikle your email, you consent to receiving unencrypted emails messages from Follikle.
Cancellations, Payments, and Recurring Payments
Your payment must be accepted before you may use the Software and any of its related products or services. Follikle may require additional information regarding your license request/order if any required information was missing or inaccurate. Failure to provide complete and accurate information may result in your order being cancelled or limited any time after it has been placed. Fees are paid in advance in full and charged automatically by Follikle to your provided payment method. Failed or late payments may cause immediate suspension from the Software and all of its related products and/or services. By submitting your card or payment related information, you grant to Follikle the right to provide such information to third-party processors in order to complete the transaction initiated or authorized by you or on your behalf.
By providing an accepted payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize Follikle (or the Company’s third-party payment processor) to charge your payment method for the total amount of your subscription or purchase total (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If you wish to change or update your payment method, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not update your payment method or cancel your Subscription, you remain responsible for any uncollected amounts and, with respect to your Subscription, authorize Follikle to continue billing the payment method, as it may be updated.
You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Subscription, or changes in applicable taxes or other charges, and you authorize Follikle (or the Company’s third party-payment processor) to charge your payment method for the corresponding amount.
All prices on this Website and/or Service are shown in U.S. dollars and do not reflect any applicable taxes and other charges. You will be provided advanced notice regarding any changes to the amounts or other charges associated with Follikle’s various subscription plans. Follikle reserves the right to adjust prices at the Company’s sole discretion, at any time and without notice or limitation, based on geographic or other criteria as the Company may establish from time to time.
When visiting the Website, you have the option of licensing the Software and may have the option of purchasing other product(s) or service(s) at one time (e.g., a 12-month Software License) through the Company’s Auto-Replenish plan, wherein the payment method you provided at the time you entered into your Software License with Follikle is automatically charged on subsequent dates chosen by you to renew your Software License, or replenish your product(s)/service(s) until you cancel. Please see below for recurring or Auto-Replenish orders that have already been processed or shipped.
After signup, your My Account and My Subscription page will show your last order date and future payment dates. You can cancel, change address, renew, or change payment method from this page by logging in. ANY ORDER(S) IDENTIFIED AS “PROCESSING” OR “SHIPPED” ON YOUR UPCOMING PAGE, HOWEVER, CANNOT BE CANCELLED. In order to cancel your upcoming order before it is processed or shipped, you must contact Follikle at least three (3) days before the next billing date. You will be responsible for all charges (including any applicable taxes and other changes) related to any order identified as “processing” or “shipped” prior to the cancellation of your subscription.
If you are enrolled in the Auto-Replenish plan at the time of your initial Software license and have provided a valid payment method, each payment will be automatically processed at the time of each Software license renewal or installment and be billed to the payment method provided at the time of your enrollment into the Auto-Replenish plan.
IF YOU WISH TO CANCEL YOUR PARTICIPATION IN THE AUTO-REPLENISH PLAN, YOU MUST CANCEL YOUR MONTHLY SUBSCRIPTION AT LEAST THREE (3) DAYS PRIOR TO THE NEXT DATE OF BILLING (“BILL DATE”) TO ENSURE PROCESSING. You may do so by emailing www.info@follikle.com or calling 323-684-2030.
If you decide to cancel services after completing your doctor’s appointment but before receiving the product shipment, a $49.00 early cancellation fee will be assessed to your provided payment method, in addition to your order total.
Other Terms
Follikle reserves the right at any time to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. Follikle shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of access to the Website.
Refund and Return Policy
Returns, Replacements, Refunds, and Credits
At this time all sales are final and non- refundable.
Need Help?
Contact us at info@follikle.com for questions.
Disclaimer of Warranties
THE SOFTWARE, WEBSITE AND THE MATERIALS AND PRODUCTS CONTAINED AND OFFERED ON THE SOFTWARE AND WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAPPY HEAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS, AND REPRESENTATIVES (THE “HAPPY HEAD PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE, WEBSITE AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SOFTWARE, WEBSITE AND PRODUCTS.