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Terms of Service

Last Updated: November 14, 2025

Hello! At Unity by MD, we are committed to providing complete transparency, both in how we protect your privacy and personal information, and in the terms and conditions that define our relationship with you. While the law requires us to include certain disclosures, we aim to present everything as clearly, usefully, and transparently as possible.

UNITY BY MD, PC, or "we", "us", or "Unity by MD" own and operate the websites located at www.unitybymd.com, also known as our "Platform". Your access to and use of the Platform and any of its content, any products or services provided through the Platform or otherwise by Unity by MD, and any affiliated website, software, electronic medical records, or application owned or operated by Unity by MD (collectively, the "Service") are governed by these Terms and Conditions ("Agreement").

Not for Emergencies

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911. This website and the Unity by MD Service are not appropriate for emergency care or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Platform.

Arbitration Notice

YOU AGREE THAT DISPUTES BETWEEN YOU AND US 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, AS FURTHER SET FORTH BELOW.

Acceptance of Terms and Conditions

By using the Service, you are agreeing to these Terms and Conditions. If you do not accept and agree to be bound by this Agreement in its entirety, you should not use the Service. The Service is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Service in our sole discretion at any time and without prior notice to you. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.

Your Relationship with Us

Unity by MD's core business is to facilitate direct-to-consumer testing and treatment pertaining to sexual health, mental health, and physical health such as fitness. Unity by MD is not a laboratory and does not manufacture or own any laboratory tests or medical devices. Unity by MD offers you access to licensed healthcare professionals either via telemedicine or in-person at our Modesto, California location or a combination of the two.

Unity by MD makes no representations or warranties about the suitability, reliability, timeliness, or accuracy of the medical care and treatment provided by the Providers. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Platform is solely at your own risk and you assume full responsibility for all risks associated herewith.

Consent to Communications

By using the Platform or Service or otherwise sending us emails, messages, and other communications, you are communicating with us electronically. You acknowledge and agree that Unity by MD and Providers may send you messages, reports, and emails via the Service regarding your care and/or the Service or products available.

By providing your mobile number, you are agreeing to be contacted by or on behalf of Unity by MD at the mobile number you have provided, including calls and text messages. Message and data rates may apply. Unity by MD is committed to being compliant with the CAN-SPAM Act and the Telephone Consumer Protection Act ("TCPA").

Prescription Products

Unity by MD is not a pharmacy and currently does not have its own dispensing pharmacy. Unity by MD partners with third-party pharmacies to make certain additional products available to you through the Platform. Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product through the Platform unless you have completed a consultation with one of the Providers, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription. Providers may not provide or prescribe any DEA controlled substances or scheduled medications.

Terms of Sale

All products offered for sale by Unity by MD are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed.

You are responsible for any applicable sales, use, duty, customs, or other governmental taxes, levies, or fees due with respect to your purchase of products or services through our Service. Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method.

Limited Use, Availability, and Access

Our Service is currently only available to individuals who are located in the state of California and are at least fifteen (15) years of age, and either (i) have reached the age of majority under state law, (ii) state law permits a minor to consent to the Services, or (iii) a parent or guardian has authorized the individual to obtain the Services. By visiting, accessing, registering with, or using the Service, you are representing and warranting to us that you satisfy all of these eligibility requirements and agreeing to comply with all applicable laws.

Your Duty to Provide Information, Access, and Connectivity

You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities to enable use of the Service. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service. You also have a duty to provide truthful, accurate, and complete information in any forms or other communications you submit to or through the Service.

Prohibited Uses

Any use or attempted use of the Service for any unlawful, unauthorized, fraudulent, or malicious purpose is prohibited. In connection with your use of the Service, you agree you will not:

  • Upload or transmit any message, information, or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, or obscene
  • Create a false identity or duplicative accounts for the purpose of misleading others
  • Upload or transmit any material that you do not have a right to reproduce, display, or transmit under any law
  • Upload files that contain viruses, trojan horses, worms, spyware, or any other similar software
  • Attempt to gain unauthorized access to any accounts, computer systems, or networks
  • Reverse engineer, disassemble, or decompile any section or technology on the Service

Use and Ownership of the Service

The Service and the information and Content available through the Service are protected by copyright laws throughout the world. Subject to this Agreement, Unity by MD grants you a limited, non-transferable, revocable license to access and use the Service for your personal use. You agree that Unity by MD and its suppliers own all rights, title, and interest in the Service. Unity by MD's stylized name and other related graphics, logos, service marks, and trade names used on or in connection with the Service are the trademarks of Unity by MD and may not be used without permission.

Third-Party Goods and Services

Parties other than Unity by MD, including Providers, provide services or sell products through the Service. Your use of any Third Party Goods and Services and any interactions with Third Parties, including payment and delivery of goods or services, are solely between you and such Third Parties. You agree that Unity by MD shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Platform, any Third Party Goods and Services, or your interactions with any Third Parties.

Termination

Unity by MD may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including for conduct violating this Agreement, if our agreement with the Providers terminates, or if we discontinue the Service. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration, and indemnity shall survive any such termination.

Disclaimers of Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. THE UNITY BY MD PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE. UNITY BY MD DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE SERVICE.

Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE.

THE UNITY BY MD PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM, SERVICE, OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.

Indemnification

You agree to defend, indemnify, and hold the Unity by MD Parties and any Third Party offering products or services through the Service harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys' fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, willful misconduct, any breach by you of these Terms and Conditions, or your violation of any rights of any other person or entity.

Consent to Receive Calls and Text Messages

By providing your mobile number, you are agreeing to be contacted by or on behalf of Unity by MD and all Providers at the mobile number you have provided, including calls and text messages, to receive informational and marketing communications relating to the Platform and Services. Message and data rates may apply. If you do not wish to receive texts or other promotional or informational content, please notify us in writing or discuss with us in person.

Copyright

It is Unity by MD's policy to terminate membership privileges of any User who repeatedly infringes any copyright upon prompt notification to Unity by MD by the copyright owner or the copyright owner's legal agent. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact our Copyright Agent at [email protected].

Disputes; Binding Arbitration; Class Waiver

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Opt-Out Procedure: You can opt out of the provisions of this Agreement that require the arbitration of Disputes within 30 days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with Unity by MD. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out to: Unity by MD, PC, 3600 Sisk Rd Suite 4K, Modesto, CA 95356.

Class Action Waiver

ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING.

Governing Law; Venue; Severability of Provisions

This Service is controlled and operated by Unity by MD from our office in Modesto, California. The validity, interpretation, construction, and performance of this Agreement will be governed by the Federal Arbitration Act and the laws of the State of California, without regard to any conflicts of law provisions. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right.

Entire Agreement

This Agreement and any other agreements Unity by MD may make publicly available in connection with the Service constitute the entire agreement between Unity by MD and you in connection with your use of the Service and supersede any prior agreements between Unity by MD and you regarding use of the Service, including prior versions of this Agreement.

No Agency Relationship

Neither this Agreement, nor any Content, materials, or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and Unity by MD, the Providers, or any third-party affiliates which participate in the Service. You may not enter into any contract on our behalf or bind us in any way.

Contacting Us

If you have any questions about these Terms, please contact us at [email protected]. We will attempt to respond to your questions or concerns promptly after we receive them.