Terms and Conditions

These Terms of Use “Terms” apply to all websites provided by PhoenixVision, LLC. (“PhoenixVision”, “we”, “us” or “our”), including the websites hosted on the domains https://samedayabortionpills.com and app.samedayabortionpills.com (collectively, “Websites” or “Application”), and all services provided by us in connection with such websites or otherwise, to you (“User,” “Users” “you” or “your), as well as functionality or services we may choose to provide through some other mechanism or 3rd part application (collectively the “Services”).

Any additional terms and conditions or documents that are posted on the websites from time to time are explicitly incorporated into this agreement. We reserve the exclusive right, at our sole discretion, to amend or modify these Terms of Use at any time and for any reason. We will inform you of any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of such changes. By continuing to use the Websites after the date of posting any revised Terms of Use, you will be bound by and deemed to have acknowledged and accepted those changes. In addition, these Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.

Please take the time to carefully read and understand these Terms of Use (the “Agreement”) because it constitutes a legally binding contract between you and PhoenixVision LLC. If you do not agree to this Agreement, please refrain from accessing or using the services. By accessing, uploading information to, or otherwise using the services, you confirm and agree to the following:

●  Services may not be available on the same day due to a variety of reasons including pharmacies cut-off times, grace periods and “sleep on it” policies.

●  You agree to abide by these Terms of Use and you have the legal capacity to do so.

●  You are at least 18 years old.

●  You will not use any automated or non-human methods, such as bots or scripts, to access the Websites.

●  You will not use the Websites for any unlawful or unauthorized purposes.

●  Your use of the Website will not violate any applicable laws or regulations.

●  If you think you experience a medical emergency or a mental break down you must dial 911 immediately.

If you provide information that is false, inaccurate, not up-to-date, or incomplete, we reserve the right to deny any current or future use of the Websites and its associated Services.

The information available on the Websites is not intended for distribution to or use by any individual or entity in any jurisdiction or country where such distribution or use would be in violation of the law or regulations. As detailed in our Privacy Policy, we retain the right to decline to offer specific Services to any person we suspect is accessing the Websites from such jurisdictions. Therefore, individuals who choose to access the Websites from other locations do so at their own volition and are responsible for ensuring compliance with applicable local laws, if any such laws are relevant.

Services

We are a technology company, our primary role is to facilitate your access to products and services offered by third-party medical providers or facilities (“Providers”). Through our Services, you may have the opportunity to communicate with Providers using various means, including video conferences and direct messaging. As part of offering the Service, PHOENIX VISION LLC contracts with Dr. Sanchez MD and Flagstone Medical P.C. and its affiliated entities (“Provider”, “Providers”) to provide online Telehealth medical consultations and secure messaging between users and medical providers. It is important to note that when you connect with a Provider, the Provider may require you to sign consent forms to enable them to communicate with you through our platform or to provide medical advice or services.

We cannot guarantee that the Provider will contact you or provide services, even if you attempt to connect with them through our Services. The decision to provide service to a specific User remains entirely up to the Providers.

We are a communication platform only and do not control or take responsibility for the medical care provided by any Provider. Each Provider is solely responsible for the medical care and treatment they offer. We do not guarantee the suitability or accuracy of their services. You are not entering a doctor-patient relationship with us, but you may do so with a Provider through our Service. The Websites are also designed to provide information and educational materials about your health.

Websites do not offer any medical services, including through the Services. Instead, websites provide a technology platform that allows you to connect with a healthcare provider who is employed or contracted with PhoenixVision LLC and/ or Flagstone Medical PC. This platform enables you to access additional health-related information that you may choose to use or not use when planning your healthcare and wellness.

We retain the right to request payment for the fees associated with the Services or specific features of the Services. The rates for telehealth consultation services provided by Providers through the Application are set by the providers. You acknowledge that these rates are subject to modifications or updates at any time. Staying informed about the current rates for the Services offered through the Application is your responsibility.

While the consultations or treatments you receive from Providers through the Application may or may not be covered by your insurance, it is entirely your responsibility to contact your health plan, ascertain whether coverage is applicable. You may be required to provide your health insurance information to the provider.

Prior to making any decisions about starting, changing, or stopping any medical treatment, always consult with your physician or other qualified healthcare providers. If you have inquiries regarding your medical condition, dietary choices, or the usage (or frequency) of any medication or medical device, seek advice from your healthcare provider. Our Services should not be used as a replacement for consulting with your physician or other healthcare professionals. Refrain from disregarding professional medical advice or postponing seeking it based on any information obtained through our Services. Your health and well-being are of utmost importance, and seeking professional guidance is crucial for making informed decisions about your medical care.

Prohibited activities

As a user of the Websites, you are strictly prohibited from engaging in the following activities:

•  Providing false, inconsistent, or inaccurate information.
•  Reserving more than one appointment time.
•  Attempting multiple intakes after being advised to seek other resources.
•  Redistributing prescription medications.
•  Using a VPN (virtual private network) to bypass local laws or restrictions.
•  Recording our staff on video or telephone calls without their consent.
• Making threatening or intimidating statements.

Engaging in any of these prohibited activities may result in the refusal of Services and potential legal action in accordance with the law.

Governing Law

This Agreement, as well as any dispute between you and us, shall be governed by the laws of the State of Virginia, without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction. However, the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise you hereby agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state court located in the state of Virginia or a federal court located in the state of Virginia. However, there are exceptions, as follows:

• You or we may bring small claims actions in state court in the county where you reside if such court has a small claims procedure;
• Either party may bring claims for injunctive relief in any court with jurisdiction over the parties;
• The parties may seek enforcement of a judgment in any court with jurisdiction over them. Furthermore, to the extent permitted by law, you and we both agree to waive the right to a trial by jury in any court proceeding.

Arbitration:

Except for occasions described above, all disputes between you and us, whether or not involving a third party, arising from or related to this Agreement, our Services, and/or our Privacy Policy, shall be finally resolved by arbitration conducted in the English language in Virginia, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA). Both parties expressly waive the right to a trial by jury.

In the arbitration process, you and we shall jointly select one arbitrator, but if an agreement cannot be reached within thirty (30) days from either party’s arbitration request, the AAA will appoint the arbitrator upon either party’s request. The cost of arbitration shall be equally shared by both parties, except the prevailing party may be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration, as determined by the arbitrator. All decisions made by the arbitrator will be final, binding on both parties and enforceable in any court of competent jurisdiction. Nonetheless, either party may apply to a court for judicial acceptance of the award or order of enforcement.

The arbitrator is not authorized to award damages, remedies, or awards that conflict with the terms of this Agreement.

Exclusion of Class Actions:

Both parties, you and us, acknowledge that any claims must be pursued individually and not as a plaintiff or class member in any alleged class or representative proceeding. We do not engage in class actions or class-wide arbitrations for claims covered by this Agreement. By accepting these terms, you waive all rights to bring claims related to this Agreement and our Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. Claims may only be brought on an individual basis.

• If either party is permitted by law or court to proceed with a class or representative action against the other, the following conditions apply:  The prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action, regardless of any other provision in this agreement.
• The party initiating or participating as a class member will not submit a claim or participate in any recovery secured through the class or representative action.

To the fullest extent permissible under applicable law, Phoenix Vision LLC shall not be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special, or consequential damages (whether in contract, tort, or otherwise) arising out of this Agreement or the use of, or the inability to use, the Services. This includes any information or data made available through the Services or any services performed by any health care providers you connect with via the Services (including claims of medical malpractice against those health care providers), even if Phoenix Vision LLC is advised beforehand of the possibility of such damages.

If a court of competent jurisdiction determines that the foregoing limitation of liability is unenforceable, then the maximum liability of Phoenix Vision LLC for all claims (whether in contract, tort, including negligence and medical malpractice, or otherwise) arising out of this Agreement will not exceed one hundred dollars ($100.00). This limitation of liability by Phoenix Vision LLC will encompass, without limitation, any technical malfunction, computer error, loss of data, and any other injury arising from the use of the Services.

The procedure of refunds is described in Refund Policy

Intellectual property

Phoenix Vision LLC shall exclusively own all rights, title, and interest, including all intellectual property rights, in and to the Services. Any suggestions, ideas, feedback, enhancement requests, recommendations, or other information provided by you or any other party concerning the Services shall be the sole and exclusive property of Phoenix Vision LLC. Any reproduction, modification, revision, enhancement, adaptation, translation, or creation of derivative works from the Services shall be the exclusive property of Phoenix Vision LLC and/or its relevant third-party vendors, along with any patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto. You hereby transfer to Phoenix Vision LLC any and all of your rights, title, or interests in the Services or any modifications or derivative works thereof. You are not permitted to remove or authorize any third party to remove any proprietary rights legend from the Services.

Except where stated otherwise, the Website is the exclusive property of Phoenix Vision LLC, and all source code, functionality, software, designs, audio, video, text, photographs, and graphics on the Website (collectively referred to as the “Content”) and the service marks and logos displayed on the Website (the “Marks”) are either owned or controlled by Phoenix Vision LLC or licensed to Phoenix Vision LLC. They are safeguarded by copyright, trademark laws, various other intellectual property rights, and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and Marks are provided on the Website “AS IS” for informational and personal use purposes only.

All provisions concerning limitation of liability, disclaimers, and indemnification, along with any other provisions intended to survive the expiration or termination of this Agreement, will continue to be in effect even after the expiration or termination of this Agreement or the cessation of your access to any Services.

You and Phoenix Vision LLC (formerly known as samedayabortionpills.com) mutually consent that any cause of action arising from or related to any Services must be initiated within one (1) year after the cause of action arises. Failure to do so will result in the permanent bar of such cause of action.

The Digital Millennium Copyright Act of 1998 (“DMCA”) offers a remedy for copyright owners who believe that material displayed on the Internet infringes on their rights under U.S. copyright law. If you genuinely believe that materials on this website infringe your copyright, you (or your agent) may send Phoenix Vision LLC (formerly known as Samedayabortionpills.com.) a notice requesting the removal of the material or blocking access to it. Additionally, if you sincerely believe that a notice of copyright infringement has been filed against you incorrectly, the DMCA allows you to send Phoenix Vision LLC a counter-notice. Both notices and counter-notices must meet the statutory requirements specified by the DMCA. For more information, you can refer to the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright.

In accordance with the DMCA, Phoenix Vision LLC has designated an agent to receive notifications of alleged copyright infringement. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Phoenix Vision LLC at 6802 PARAGON PL STE 410 RICHMOND, VA 23230, or by email to support@samedayabortionpills.com.