Terms and Conditions
The following terms and conditions govern the use of the website of Total Male RX LLC, referred to as "Total Male RX LLC," "we," "our," or "us." By accessing or using our website, you agree to abide by these terms and conditions, as well as any other applicable rules, policies, schedules, and terms and conditions or documents published from time to time, which together form the entire agreement between you and Total Male RX LLC.
Under this agreement, you are granted a personal, limited, revocable, non-exclusive, and non-transferable right to use our website and services for personal and non-commercial use within the United States, as permitted under this agreement and the other documents incorporated herein.
Our website may contain links to third-party websites for your convenience. However, please note that we do not control these websites and do not endorse their content. Therefore, your use of third-party links is at your own risk, and we are not responsible for any content, errors, damages, or losses arising from or related to the use or reliance on information from these links
It is essential that you carefully review this agreement before using our website. If you do not agree to any part of this agreement, you are not authorized to use our website.
Residents of New Jersey are encouraged to review their rights under the New Jersey Truth-in-Consumer Contract Warranty and Notice Act ("TCCWNA").
Agreement and Disclaimers
Using this website means you agree that you assume all risks associated with using the Site Offerings, including the Content, products, and other materials provided by the company. You understand that the Content and products have not been evaluated by the FDA and are not intended to diagnose, treat, cure or prevent any medical condition or disease. Therefore, you should not use them as medical advice or substitute for it. It is highly recommended that you seek the advice of a qualified medical professional before using any of the products.
Furthermore, please be aware that the company's products and prescription medications are not intended for individuals under eighteen (18) years of age. The information provided about the company's products and their effectiveness is obtained from reliable third-party sources, such as scientific reports, news agencies, and scientific/research entities. However, we cannot guarantee the accuracy of this information and do not endorse any third-party sources or their methods.
It is important to note that all product specifications, performance data, and related information available through the Site Offerings are for informational and illustrative purposes only. They do not guarantee that the products will meet these specifications or performance data, or that they will provide you with any particular benefits or match the results of others who have used them. Your individual results may vary depending on factors such as pre-existing medical conditions, age, weight, body chemistry, diet, and exercise regimen.
Prior to using any medication, therapy or health product from Total Male RX LLC, it is crucial to consult your healthcare provider or physician. Seeking professional medical advice is particularly essential if you have any pre-existing medical conditions such as liver, kidney, thyroid disease, high blood pressure, diabetes, skin ailments, anemia, anxiety, depression, or a family history of these or other physical or mental illnesses. This will enable your physician to personalize your treatment plan as appropriate and provide you with adequate follow-up visits.
If you have reason to believe that you are experiencing a medical issue as a result of using any of Total Male RX LLC's products, prescription medications or treatment, it is important to contact your healthcare provider without delay. It is not advisable to ignore professional medical advice or postpone seeking advice due to information obtained from the Site or any other Site offerings.
If you are currently undergoing treatment for any illness, taking medication, nursing or pregnant, or have any known allergies to certain components, it is imperative to seek guidance from a healthcare professional or physician before using any of Total Male RX LLC's products, prescription medications, or therapy for any health condition. To prevent potential allergic reactions, it is advisable to always verify the ingredients of all Total Male RX LLC products and prescription medications.
If you experience any negative health conditions or allergic reactions, it is vital to contact your healthcare provider immediately to obtain the necessary medical assistance.
- Objective: This Policy outlines the terms and conditions that govern the use of the Total Male RX LLC's website offerings ("Site Offerings"). By accessing or using the Site Offerings, users acknowledge and agree to be legally bound by this Policy. Total Male RX LLC reserves the right to modify this Policy at any time without specific notice to users, except for changes made to the Dispute Resolution Provisions or Billing Provisions which will not apply to any disputes or charges incurred before the modification. Users are encouraged to review the latest version of the Policy available on the Site every time they use the Site Offerings. Users who do not agree with any modifications may only stop using the Site Offerings. However, by continuing to access or use the Site Offerings, users accept any modifications made to this Policy, except for disputes or charges incurred before the changes in the Dispute Resolution Provisions or Billing Provisions.
- Eligibility: To access and use the Site Offerings, users must be 18 years of age or older and located in a jurisdiction where Total Male RX LLC operates. Users must also agree to be legally bound by and comply with the posted Policy. Additionally, users must have compatible computing and/or mobile devices, internet access, and necessary software to use the Site Offerings. Any charges or fees incurred by the user's mobile service or Internet Service Provider related to their use of the Site Offerings are their sole responsibility. However, meeting these requirements does not guarantee access to the Site Offerings. Total Male RX LLC reserves the right to terminate users' access to the Site Offerings at any time if they breach the Policy, engage in improper conduct related to the Site Offerings, or perform unauthorized commercial activity by or through the Site Offerings.
- Registration: Users may be required to register to access certain Site Offerings, such as purchasing products or using contact services. To register, users must provide accurate and complete registration information and promptly inform Total Male RX LLC of any changes. Failure to do so gives Total Male RX LLC the right to immediately terminate the use of certain Site Offerings that require registration. The information provided during the registration process will be handled in accordance with Total Male RX LLC's privacy policy.
- Purchasing Products: To acquire the desired content or medication from Total Male RX LLC, users must provide the necessary Registration Data and complete the relevant Form. In the case of Prescription Medication, the Telemedicine Services process must also be completed and approval from a Healthcare Provider obtained. Two options are available for purchasing Products on the site: (a) the Automatic Renewal Program option, which involves a recurring charge to the Payment Method for the relevant Products, as long as the Automatic Renewal Program subscription remains active. Users may cancel a subscription at any time up to forty-eight (48) hours before the applicable renewal processing date. If the Payment Method is canceled or no longer valid, users must inform Total Male RX LLC immediately to avoid delays or cancellations of the Product shipment.
- Products: Total Male RX LLC offers a variety of Products, subject to the disclaimers stated on the Site and contained in these terms and conditions. The prices of the Products are subject to change at any time, and Total Male RX LLC reserves the right to reject any part of an order without prior notice. If any Products are no longer available or if all or part of an order is cancelled, users will be notified, and Total Male RX LLC will refund any amount already paid for the ordered Products that are no longer available or any cancelled part of the order. All Products are subject to availability.
- Return and Refund Policy: Customers may return Total Male RX LLC Products by contacting a customer care professional at 1-888-806-8675. However, Prescription Medications are non-returnable and non-refundable.
- Total Male RX LLC offers Telemedicine Services that enable healthcare providers and patients to communicate electronically, regardless of their location. These services may include diagnosis, treatment, follow-up, and patient education. To obtain Prescription Medication, you must complete the medical intake Form, which will be submitted to a participating Healthcare Provider. The Healthcare Provider will perform Telemedicine Services to determine whether you are suitable for Prescription Medication before prescribing it. Please be aware that Total Male RX LLC does not provide the Telemedicine Services, nor can it issue prescriptions for Prescription Medication. Any terms and conditions of such prescriptions will be determined by the Healthcare Provider(s), and Total Male RX LLC will not be liable for any medical services and/or medications offered by them. You may refer to our Consent to Telehealth for more information on the risks and benefits of telemedicine.
- The Content available on the Site includes product reviews, text, audio, video, photographs, graphics, artwork, testimonials, and other information about Total Male RX LLC and its products. The Content is compiled, distributed, and displayed by Total Male RX LLC and Third-Party Providers. Total Male RX LLC is not responsible for the completeness, accuracy, appropriateness, and/or usefulness of Third-Party Content made available through the Site Offerings. You should not rely on such Third-Party Content, as it may be outdated, harmful, inaccurate, or deceptive. Total Male RX LLC does not warrant that the Content and other information posted through the Site Offerings is accurate, complete, up-to-date, or appropriate. By using the Content, you acknowledge that Total Male RX LLC has no obligation and assumes no liability to you. Please exercise caution, use common sense, and prioritize safety when using the Content.
- Through the Interactive Services, you may submit User Content, which includes textual, audio, and/or visual content, feedback related to the Services, vehicle repair quote requests, and competition entries, to Total Male RX LLC. Although you retain ownership of the User Content provided, submitting it to Total Male RX LLC grants the company a worldwide, perpetual, irrevocable, transferrable, royalty-free license to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit the User Content in any manner, including on third-party sites and services. You are responsible for ensuring that you have the necessary licenses and permissions for providing the User Content and that it does not infringe on any third party's intellectual property or proprietary rights or violate any applicable law or regulation. Total Male RX LLC reserves the right to review, monitor, or remove User Content at any time and for any reason, and may suspend or terminate a user's access and/or account for violating these terms.
- Protected Health Information: When creating an account with Total Male RX LLC, you may provide personal information that is not considered "protected health information" or "medical information." However, if you request Prescription Medications or certain Total Male RX LLC Products, you may provide health or medical information that may be protected under applicable laws like HIPAA. Total Male RX LLC is not classified as a "covered entity" under HIPAA, but it may act as a "business associate" of Healthcare Providers and be subject to certain provisions of HIPAA regarding "protected health information" that you provide to the Healthcare Providers. The use and disclosure of any medical or health information that is subject to specific protections under applicable state laws will comply with such laws. Information that has been de-identified in accordance with applicable laws is not considered Protected Information.
- Representations and Warranties: The user affirms and guarantees that all information furnished concerning the use of the Site Offerings and in discussions with Healthcare Providers is truthful, precise, up-to-date, and comprehensive. The user also agrees to sustain and revise this information as required. Moreover, the user accepts that the Products are for individual use only and not intended for resale. The user acknowledges that the Agreement is legally binding, and its execution, delivery, and performance will not conflict with any applicable laws or agreements.
- Indemnification: The user commits to indemnify, safeguard, and defend Total Male RX LLC and its shareholders, directors, officers, employees, and agents from any claim, damage, debt, demand, or liability that arises from the user's infringement of this Agreement or the user's misuse of the Site Offerings. This includes any data or work transmitted or received by the user, disputes with Healthcare Providers and/or third parties, and any improper or unauthorized use of the Site Offerings. Total Male RX LLC, its parent, subsidiaries, and affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers, and attorneys, may enforce these provisions against the user directly.
- Proprietary Rights: The Site Offerings, including proprietary content like information, graphics, design, compilation, software, documentation, marks, business processes, and service names, are the exclusive property of Total Male RX LLC. Unauthorized use of any trademark is prohibited without express written consent from Total Male RX LLC. Users cannot create derivative works or distribute, copy, recompile, disassemble, or reverse engineer the proprietary content without prior written consent. The United States and foreign laws protect all proprietary content.
- Legal Warning: Users accessing and using the Site Offerings must exercise caution and good judgment and refrain from interfering with the Site Offerings' operations. This includes vandalism, tampering, damaging, or destroying the Site Offerings in any way. Any such attempts will violate criminal and civil laws, and Total Male RX LLC will pursue legal remedies against the offending party or entity to the fullest extent allowed by law and equity.
- Disclaimer of Warranties: The Site Offerings and other products and services available through them are presented to users as they are, and subject to their availability. Users access and use the Site Offerings at their own discretion and risk. Total Male RX LLC and third-party service providers do not make any express or implied representations or warranties of any kind concerning this agreement, the Site Offerings, the products and services available through them, or any other issue. This includes all warranties of merchantability, title, and fitness for a specific purpose. Total Male RX LLC cannot ensure that using the Site Offerings will lead to medical benefits or other health-related outcomes. Additionally, Total Male RX LLC does not guarantee that the Site Offerings and other products and services will be free of errors, disruptions, delays, defects, interferences, imperfections, cyber attacks, malware, or any other adverse incidents. Users are advised that any advice or information obtained from Total Male RX LLC or the Site Offerings, whether orally or in writing, does not create any warranty not expressly stated in this Agreement.
- Limitation of Liability: Users of the Site Offerings acknowledge and accept that Total Male RX LLC cannot be held liable for any direct, indirect, incidental, special, consequential, and/or exemplary damages arising from the use of the Site Offerings or any products and services available through them. This includes but is not limited to loss of profits, goodwill, use, data, or other intangible losses. Users agree that this applies to any causes of action, including breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any and all other torts. Additionally, Total Male RX LLC will not be responsible for any obligations, liabilities, or claims exceeding the limitations specified in this section. If any loss, cost, damage, liability, or expense is incurred under any theory of liability, in contract, tort (including negligence), or otherwise, the total liability of Total Male RX LLC to any User shall not exceed five hundred dollars ($500.00) or the amount paid by the User, if any, for the right to access or participate in any activity related to the Site Offerings, whichever is lesser. Any claims arising from the use of the Site Offerings or any products and services offered by Total Male RX LLC or third-party providers must be brought within one (1) year of the event that led to the cause of action. The negation of damages set forth above is a fundamental element of the basis of the agreement between each User and Total Male RX LLC. Without such limitations, access to the Site Offerings would not be provided to Users. Each User understands and agrees that this limitation of liability applies to all Site Offerings and products and services offered by Total Male RX LLC, as well as any third-party offering products or services through the service. It is important to note that in some jurisdictions, limitations on liability are not permitted, and in such cases, Total Male RX LLC's liability shall be limited to the maximum extent permitted by law.
- Copyright Policy and DMCA Compliance Procedure: In accordance with copyright law, Total Male RX LLC adheres to the Digital Millennium Copyright Act ("DMCA") and responds to clear notices of alleged copyright infringement, including removing any infringing content or material from the Site and terminating a user's account. If you believe copyrighted material is available on the Site without proper authorization, you may submit a notification to our Designated Agent. Your notification alleging copyright infringement under 17 U.S.C. § 512(c) must include the following information: (a) the signature of the authorized person acting on behalf of the copyright owner; (b) an identification and location of the copyrighted work that you claim has been infringed; (c) a statement from you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (d) your contact information, such as telephone number or e-mail address; and (e) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Total Male RX LLC will take appropriate actions upon receipt of such notifications. For more information or to submit a notice of claim, please contact us.
- Editing, Deleting and Modification: Total Male RX LLC reserves the right, at its sole discretion, to edit and/or delete any documents, information, or content appearing on the Site.
- Use of Registration Data: The Privacy Policy applies to all material submitted by users through or in association with the Site Offerings, including Registration Data.
- Applicable Law: The laws of the State of New York will govern and interpret the Agreement, regardless of conflict of law principles. The Agreement will be deemed executed and performed in New York, NY.
Arbitration and Dispute Resolution: In the event of a dispute, the parties to the Agreement agree to settle any claims through arbitration. If there is a disagreement regarding the Site Offerings, the Agreement, or a party's violation of the Agreement, the parties must refer the dispute to the American Arbitration Association ("AAA") in New York, NY, following the current Commercial Arbitration rules of the AAA. To initiate formal dispute proceedings, the party must submit a written description of the dispute, along with all relevant documents and information, and the proposed resolution by US Mail to Total Male RX LLC, Attention: Customer Service Department - 125 Park Avenue 25th Floor, New York, NY, 10017. The parties must attempt to negotiate in good faith to resolve the issue or dispute. If a Final Settlement Offer is not accepted, or the dispute is not resolved satisfactorily, the parties may initiate arbitration by providing notice and commencing arbitration proceedings with the AAA in the county of residence.
For claims of Ten Thousand Dollars ($10,000.00) or less, the arbitration may proceed in person, by telephone, or based on submissions. If the arbitrator awards relief greater than the Final Settlement Offer, all filing, administration, and arbitrator fees associated with the arbitration will be paid by the parties. If an attorney is retained for the arbitration, Total Male RX LLC will reimburse reasonable attorneys' fees. The award will be final and binding, and a judgment may be entered in any court of competent jurisdiction. Total Male RX LLC will not seek an award of attorneys' fees and expenses unless the arbitrator determines that your claim was frivolous.
You agree not to initiate, join, or participate in any class action lawsuit against the Covered Parties, their respective employees, officers, directors, members, representatives, or assigns, to the extent permitted by law. Injunctive relief may be sought to prevent such a lawsuit or remove you as a participant, and you agree to pay the attorney's fees and court costs incurred by any Covered Party. This provision does not waive any of your rights or remedies to pursue a claim individually in binding arbitration or constitute an agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of your first access to the Site.
- California Consumer Rights: Residents of California state have the right to file complaints and grievances with the California Department of Consumer Affairs. If you are a California user and want to file a complaint, you can do so by phone at 916-445-1254 or 800-952-5210, or by email to [email protected]. Your complaints will be subject to Cal. Civ. Code Sec. 1789.3.
- Proposition 65 Warnings: Under the California law Proposition 65, products must carry warnings if they contain chemicals known to cause cancer or reproductive toxicity that could expose California consumers. Over 850 chemicals are listed on the California Office of Environmental Health Hazard Assessment. Products associated with this page may contain Bisphenol A (BPA), which is known to harm the female reproductive system. Jar lids and bottle caps may also contain BPA, and a warning has been included for these products. You can find more information on P65Warnings.ca.gov/BPA. Visit https://oehha.ca.gov/proposition-65/law/proposition-65-law-and-regulationsto learn more about Proposition 65 and its regulations. New warnings details can be found on https://www.p65warnings.ca.gov/new-proposition-65-warnings.
- Precedence: In the event of any conflict or inconsistency between the Site Offerings and the Agreement, the Agreement shall take precedence. Failure by Total Male RX LLC to enforce any provision of the Agreement shall not imply the waiver of that provision or the right to enforce it.
- No Agency Created: This Agreement does not establish an agency or partnership relationship between the parties. Neither party is authorized to bind the other.
- Assignment: Total Male RX LLC reserves the right to assign its rights and obligations under the Agreement to any party, wholly or partially, without prior notice to the user. The user cannot assign the Agreement or delegate their duties under it.
- Severability: If any provision of this Agreement is deemed unenforceable or void by a court of competent jurisdiction, that provision shall be modified to be enforceable, or if modification is not possible, eliminated from this Agreement. The remaining provisions shall remain in full force and effect.
- Contact Us: For information regarding the Agreement, Site Offerings, or Total Male RX LLC's practices. You can also email [email protected], call 1-888-806-8675, or send U.S. mail to Total Male RX LLC (d/b/a Total Male RX LLC), 125 Park Avenue 25th Floor, New York, NY, 10017.