Terms and Conditions

1. Introduction
   Welcome to SameDayAbortionPills.com (“Website”). The Website is owned and operated by PhoenixVision LLC (“PhoenixVision”). The medical services provided through this Website are administered by Flagstone Medical PC, a licensed medical practice, along with other licensed healthcare providers hired by Flagstone Medical PC.

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. The name SameDayAbortionPills is designed to filter out impulsive decision-making, and in fact, the medication is rarely available on the very same day.
• 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 Website.
• You will not use the Website 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 breakdown, 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 Website and its associated Services.

The information available on the Website 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 Website from such jurisdictions. Therefore, individuals who choose to access the Website 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.

 

2. Service Description
   Flagstone Medical PC, a professional medical corporation, and affiliated healthcare providers who are licensed and qualified to prescribe medications and offer medical consultations provide direct medical services.
3. Ownership
   The tradename “SameDayAbortionPills” and the domain “SameDayAbortionPills.com” are properties of PhoenixVision LLC. However, all medical services, consultations, prescriptions, and related activities are conducted exclusively by Flagstone Medical PC and its contracted providers.
4. Medical Services
   All healthcare services, including but not limited to consultations, prescriptions, treatment plans, and medical advice, are provided by licensed medical professionals under Flagstone Medical PC.
5. Patient Communication
   Flagstone Medical PC uses text messaging for patient communication when patients provide their consent. Patients are also invited to use a secure messaging portal to discuss sensitive health details. If a patient chooses to initiate contact via text message containing sensitive information, it is understood that the patient has waived their right to secure communication for that information.
6. Prohibited Activities
   As a user of the Website, 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.

7. Liability
   PhoenixVision LLC holds no liability for the medical services provided. Flagstone Medical PC and its affiliated providers assume full responsibility for the medical care provided through the Website.
8. 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