Last Updated: June 22, 2026
1. Describe what MOD does and does not do.
2. Provide a link to the telemedicine consent, which describes the potential risks and benefits of telemedicine, and contain a request from your healthcare provider for your consent to receive telemedicine services.
3. Describe whether you are eligible to use the websites.
4. Contain a release of potential claims you may have against MOD for personal, or bodily injury, disability, death or emotional or physical distress, arising out of any diagnosis or treatment of you by healthcare providers with whom you communicate through our platform; and
5. Contain an Arbitration Agreement, Waiver of Trial by Jury, and Waiver of Class Action.
INTRODUCTION – What We Do
Welcome to Medical Online Delivery Platform, LLC d/b/a MOD (“MOD”, “we”, “us”, or “our”). MOD is a technology platform that connects registered users with licensed physicians and other healthcare providers for individuals seeking treatment for medical conditions that may require customized oral dosage medications.
MOD and its affiliates own and operate websites including MOD.com and other related websites that may link or redirect to MOD.com (collectively, the “Websites”). The Websites facilitate the provision of services to registered users, which may include: (a) providing general information relating to certain health conditions and potential treatment options; (b) administrative support for the collection and maintenance of health care records and information, to be used in connection with communications with health care providers and pharmacy services; and (c) telecommunications and technological support for connecting registered users with healthcare providers for communication, consultations, assessments, and treatment by such providers. Healthcare providers affiliated with the MOD platform may communicate with patients via chat, video, email, or phone, and any medications prescribed are fulfilled and shipped directly to patients by appropriately licensed partner pharmacies (collectively, the “Services”).
MOD IS NOT A MEDICAL PRACTICE
You should never delay seeking advice from your primary care physician, or any other healthcare provider due to any diagnosis, advice, or other information provided (or the omission of any such information) on the Websites, or a healthcare provider with whom you communicate via our platform. In the event you believe you may have a medical emergency, you should immediately contact your local physician or 911 for assistance. By accessing the Websites, you expressly agree to these Terms and Conditions, and our Privacy and Security Policy, which is found here and incorporated into these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use or access our Websites or our Services.
MOD is not a medical practice or other healthcare provider, and we do not employ physicians or other health care providers. While our Services enable registered users to communicate with health care providers, the content on our Websites and the Services we provide cannot and are not intended to provide medical advice. Medical care is not provided by MOD. Medical care is provided by one of the following third-party provider-owned businesses: Delaware Telehealth Medical Group, P.A., Kansas Telehealth Medical Group, P.A., Florida Telehealth Medical Group, P.A., New Jersey Telehealth Medical Group, P.A., and California Telehealth Medical Group, P.C. (each, a “Provider”). These Providers may deny treatment, and not provide you with a prescription, if they believe that you may be better served by a local provider, or for any other reason. To the extent medical advice or a prescription is provided to you by a Provider through the Services, such medical advice or prescription is based on the information you provide to the health care provider and their professional judgment. MOD does not provide medical advice, and we do not have control or influence any medical advice, treatment or prescription provided by your Provider.
None of the Services replaces your relationship with your primary care physician. The physicians and other healthcare providers that you may communicate with via our Websites do not diagnose, treat or screen conditions other than decreased focus or mental sharpness.
MOD IS NOT A PHARMACY
Any medication that such Providers may prescribe for you is not intended for the diagnosis and/or treatment of the underlying causes of shift work sleep disorder, but only to provide treatment of the symptoms of shift work sleep disorder. Customized prescription medications are prescribed by licensed medical providers and are currently shipped directly by the Meds Health LLC or another pharmacy of your choice (each a “Pharmacy” and collectively the “Pharmacies”).
RESIDENTS OF CERTAIN STATES ARE NOT ELIGIBLE
Each state has different laws relating to telemedicine and the dispensing of prescription medications. MOD is working diligently with the medical Provider and the Pharmacy for the services to be available in all 50 states. Right now the coverage area includes individuals who are residents of Arizona, California, Colorado, Florida, Idaho, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Montana, Nebraska, New Jersey, Ohio, Oklahoma, Oregon, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, Wyoming. Only residents of these states are currently eligible to use the MOD Services.
PERSONS OUTSIDE THE AGES OF 21 THROUGH 79 ARE NOT ELIGIBLE
Only individuals who are at least twenty-one (21) years of age and no older than seventy-nine (79) years of age are eligible to register for an account, access the Websites, use the Services, communicate with a Provider through the platform, or receive treatment or a prescription through the Services. If you are under twenty-one (21) years of age or over seventy-nine (79) years of age, you are not eligible to use the Websites or Services.
By accessing or using the Websites or Services, creating an account, submitting a medical intake, scheduling a consultation, or communicating with a Provider through the platform, you represent and warrant that you are at least twenty-one (21) years of age and no older than seventy-nine (79) years of age.
MOD, the applicable Provider, and any Pharmacy reserve the right to deny, suspend, terminate, or restrict access to the Websites or Services if it is determined that you do not satisfy these eligibility requirements. If you are a parent or guardian of an individual under twenty-one (21) years of age who you believe has registered for or is using the Websites without your authorization, please contact us at support@mod.com.
TELEMEDICINE – POSSIBLE BENEFITS AND RISKS AND YOUR CONSENT
MOD is a technology platform that assists in connecting you to Providers for treatment via telemedicine. Telemedicine involves using technology to enable healthcare providers to evaluate and treat patients from different locations. Telemedicine communications may include transmission of your medical records, photos and other personal health information, and may include interactions via dynamic intake forms, live 2-way video and audio, and other methods. MOD’s technology platform incorporates network and software security protocols to protect the privacy and security of your health information. Treatment via telemedicine requires Providers to obtain your consent to such treatment.
As a result, any Provider connected via the MOD Services will require your consent to treatment via telemedicine. Please see the Provider Telemedicine Consent, accessible here, which includes a description of the possible benefits and risks of telemedicine, and your consent to receive telemedicine services from Providers with whom you communicate via our platform.
ALL INFORMATION YOU PROVIDE REGARDING YOURSELF AND YOUR MEDICAL HISTORY MUST BE ACCURATE, CURRENT, AND COMPLETE
You represent and warrant that all information you provide when registering for an account and at all times in connection with your use of the Websites and platform, and in communications with Providers, is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete as long as you are using the Website or receiving Services. You must not impersonate someone else, or use a fake name, address or other information. You agree to notify MOD immediately if you become aware of any inaccuracies, errors, omissions or inconsistencies in your information.
You are responsible for any activity by other people that access the Websites under your account that, if undertaken by you, would be a violation of these Terms and Conditions. Any such act or omission shall be deemed a violation of these Terms and Conditions by you.
PRIVACY
The confidentiality and privacy of your personal health information is very important to us, and to your healthcare providers. Use of the Website and Services is subject to the Privacy and Security Policy. Please see our Privacy and Security Policy, which explains how we may collect, use, share and disclose your information, which is available here and is incorporated into these Terms and Conditions.
YOUR ACCESS RIGHTS AND CONDUCT
Subject to the terms and conditions of these Terms and Conditions, we grant to you a limited, non-exclusive, non-transferable, freely revocable right to access the Websites and use the Services as permitted by the features of the Website solely for your personal, non-commercial use, and only as permitted under these Terms and Conditions. MOD reserves all rights in the Website and the Intellectual Property (as defined below) not expressly granted to you herein. We reserve the right, in our sole discretion, to deny use of the Website to anyone, for any reason, and at any time, subject to applicable law.
You may not use the Website or Services on behalf of another individual or seek to obtain Services for someone other than yourself.
You agree that you are not permitted to, and you will not attempt to: (a) infringe the patent, trademark, trade secret, copyright, or other intellectual property or other rights of another person, (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, (c) reverse engineer, disassemble, decompile, or translate any components of the Website, attempt to derive the source code of any components of the Website, or authorize or assist any third party to do any of the foregoing, (d) modify, copy or make derivative works based on any part of the Website or any underlying software, technology or other information, including any printed materials of the same, (e) use any robot, spider, or other such programmatic or automatic device, including, without limitation, automated dial-in or inquiry devices, to obtain information from the Website or otherwise monitor or copy any portion of the Website, (f) systematically collect or use any content from the Website, including through the use of any data mining, or similar data gathering and extraction methods; (g) disrupt or interfere in any manner with the operation of the Websites, or the hardware or network used to operate the Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites, (h) allow, enable, or otherwise support the transmission of unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, letters relating to a pyramid scheme, or any other unsolicited commercial or non-commercial communication, (i) upload or otherwise spread any software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server, or communications systems or equipment, (j) attempt to disable, bypass, modify, defeat, or otherwise circumvent any security related tools incorporated into the Website, (k) use any high volume, automated, or electronic means to access the Website (including, without limitation, robots, spiders or scripts), (l) create Internet “links” to or from the Website, or “frame” or “mirror” any MOD content which forms part of the Website, place pop-up windows over its pages, or otherwise affect the display of its pages; (m) disrupt, interfere with, or inhibit any other person from using the Website or other affiliated or linked websites, material, contents, products and/or services, (n) prepare, compile, use, download or otherwise copy any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party, (o) use the Website to violate any local, state, national or international law, rule or regulation, or in a manner that is harmful, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful, or abusive, on in any manner that exceeds the scope your limited access rights granted herein.
RECURRING PAYMENT SUBSCRIPTION PLAN, FEES, AND PAYMENT
You are responsible to pay for services and products that you order. MOD bills based on your elected subscription plan and coordinates automatic shipment of your refills and treatments. You will be charged monthly until you cancel your subscription. The payments that you make to MOD may include fees for services charged by your healthcare providers and for pharmacy services, and MOD collects payment on their behalf. Unless otherwise stated, all fees are quoted in U.S. Dollars.
AUTOMATIC RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR PAYMENT ACCOUNT.
We will automatically renew your subscription on a monthly basis beginning on the “next billing date” identified in your shipping confirmation email and approximately every 30 days thereafter (the “automatic renewal date”), as authorized by you during the sign-up process by checking the box demonstrating your consent to subscription billing. Your payment account will be charged the then current rate for the same subscription selected by you in connection with your original service order on each automatic renewal date.
Upon payment of your original service order, we will send you an acknowledgement via email of the particular terms of your recurring payment plan, including the automatic renewal date and total costs, and instructions for modifying, pausing or canceling your subscription to avoid automatic renewal.
Thereafter, we will send you a detailed transaction receipt via email each time you are billed notifying you of the next billing date, and providing you with notice of any change in the subscription rate or material changes to other terms of your recurring payment plan.
You may modify, pause or cancel your subscription at any time using the “put on hold” button in your MOD account, or emailing customer support at support@mod.com. However, you must do so at least 48 hours before the next billing date displayed in your account and on your monthly transaction receipt in order to avoid automatic renewal of your subscription, and the associated monthly subscription fees (including shipping costs).
EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN OR REFUND POLICY PROVIDED TO YOU ON THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH THE SERVICES ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
Payments are facilitated through a third-party payment processing service. For more information on our third party payment processing vendor, please see our Privacy and Security Policy here. You authorize MOD to charge you, through our third-party payment processing service, for all fees as they become due, and represent and warrant that you are authorized to use any and all payment information you provide. If your payment method fails or fees associated with your account are past due, we may collect fees owed using other collection mechanisms, including charging other payment methods on file and/or retaining collection agencies and legal counsel. Subject to compliance with any notice or waiting period provided by applicable law, we may also block your account pending resolution of any amounts due.
THIRD PARTY CONTENT AND LINKS
The Websites may contain links or references to websites operated by third parties. The provision of a link or reference to any other website is for your convenience only and does not constitute or imply that MOD endorses or recommends such third parties or their websites. We have no control over, do not review, and cannot be responsible for, third party websites or their content. When leaving the Websites for a third party website, you should carefully review its applicable terms of service, including privacy policy. Your access to any other website, and use of any content, products or services thereon is at your own risk, and we are not responsible or liable, directly or indirectly, for any information, content, products or services relating to any third-party websites, or for any damages or loss in connection with your use or reliance on such information, content, products or services, or the acts or omissions of such websites or their operators.
OWNERSHIP OF CONTENT AND OTHER INTELLECTUAL PROPERTY
The software, code, proprietary methods, systems, functionality and content used in the Websites, without limitation all text, images, video, audio and design, and all names, logos, and other materials displayed on the Website (collectively, the “Intellectual Property”) are the exclusive property of MOD, or third parties with whom we do business. The Intellectual Property may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way. You do not have any right to the Intellectual Property, or to use the Intellectual Property in any way, except the limited right to access the Websites in accordance with these Terms and Conditions.
TERMINATION
You may terminate your Account at any time, for any reason, by sending an email to support@mod.com. MOD may terminate your account and your right to access the Websites, at any time, for any reason or no reason. We reserve the right to discontinue the Website with or without notice to you. We will not be liable to you or any third party should we exercise our right to change or discontinue the Website.
DISCLAIMER OF WARRANTIES
USE OF THE WEBSITES AND THE MOD PLATFORM IS AT YOUR SOLE RISK. THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MOD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR SYSTEM INTEGRATION. MOD MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MOD MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE USE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOD OR THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
MOD DOES NOT WARRANT THAT ANY INFORMATION, PICTURES OR GRAPHIC DEPICTIONS, DESCRIPTIONS OR OTHER CONTENT OF THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, UPDATED, CURRENT, OR ERROR-FREE. MOD IS NOT RESPONSIBLE FOR THE INTERNET, DATA BANDWIDTH OR SIGNAL OF YOUR COMPUTER OR MOBILE DEVICE. MOD MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES OR ALL TERRITORIES WITHIN THE UNITED STATES. MOD MAY RELY ON THE AUTHORITY OF ANYONE ACCESSING YOUR ACCOUNT AND IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL MOD BE HELD LIABLE TO YOU FOR ANY LIABILITY OR DAMAGES RESULTING FROM OR ARISING OUT OF YOUR USE OF THE WEBSITE OR YOUR ACCOUNT.
MOD DOES NOT WARRANT THAT THE PRODUCT PACKAGING DEPICTED ON THE WEBSITE WILL MATCH THE ACTUAL PRODUCT THAT YOU RECEIVE.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MOD OR ITS REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES ARISING FROM OR RELATING TO YOUR ACCESS OR USE OF THE WEBSITES, UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IT TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR ANY CLAIMS FOR PERSONAL OR BODILY INJURY, DISABILITY, DEATH OR EMOTIONAL OR PHYSICAL DISTRESS, ARISING OUT OF ANY DIAGNOSIS OR TREATMENT OF YOU BY HEALTHCARE PROVIDERS WITH WHOM YOU COMMUNICATE THROUGH THE WEBSITES. IN NO EVENT WILL MOD’S OR ITS REPRESENTATIVES OR AGENTS LIABILITY TO YOU EXCEED THE GREATER OF EITHER $100.00 OR THE FEES PAID TO MOD FOR ORDERS IN THE PRIOR 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE. THIS IS TRUE EVEN IF MOD IS AWARE OF THE POSSIBILITY OF SUCH CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITES AND OUR SERVICES.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless MOD and its representatives and agents, and any third party healthcare providers with whom you communicate through the Websites or otherwise as part of our Services, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising out of or related to your violation of any provision of these Terms and Conditions.
BINDING INDIVIDUAL ARBITRATION; NO CLASS ACTIONS
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.
DISPUTES THAT MUST BE ARBITRATED
DISPUTE RESOLUTION
This agreement applies to any “Dispute” between you and MOD. “Dispute” means any dispute, claim, or controversy (excluding those exceptions listed below) between you and Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either of us seeks legal recourse, including the validity, enforceability, or scope of this agreement to arbitrate or any portion of it.
The exceptions to this arbitration requirement are: (i) claims that can be brought as individual actions in small-claims court; (ii) pursuit of enforcement actions through a government agency if the law allows; (iii) an action to compel or uphold any prior arbitration decision; (iv) your or Company’s right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (v) claims of intellectual property infringement; (vi) claims that are the subject of a proposed class or collective action settlement in any court; (vii) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis; and (viii) certain roles expressly specified for courts in the terms below.
INFORMAL RESOLUTION
If you have a Dispute against MOD or if MOD has a dispute against you, MOD will attempt to resolve the Dispute informally before an arbitration is filed in order to resolve the Dispute faster and reduce costs for both parties. You and MOD will make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days (“Informal Resolution”) from the day you or MOD receive a written notice of a dispute from the other party (a “Notice of Dispute”) in accordance with these Terms and Conditions.
You must send any Notice of Dispute to the following address:
support@mod.com
Medical Online Delivery Platform LLC
345 N. Canal Street Suite 201
Chicago, IL 60606
MOD will send any Notice of Dispute to your registered email address and ATTN: NOTICE OF DISPUTE to the email address and any address you have provided MOD. The Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute (including any relevant account names), and what resolution to the Dispute is being sought.
The Notice requirement is designed to allow MOD (or you, in the case of a dispute MOD asserts against you) to make a fair, fact-based offer of settlement if MOD or you choose to do so. You and MOD cannot proceed to arbitration unless this information has been provided. If you or MOD proceed to arbitration without providing a compliant Notice of Dispute, the sufficiency of a Notice of Dispute is an issue to be decided by a court. A court may enjoin the filing of an arbitration demand that has not been preceded by a compliant Notice of Dispute and may order a party that has filed an arbitration demand without having provided a compliant Notice of Dispute to reimburse the other party for any arbitration fees and costs already incurred.
SMALL-CLAIMS COURT
You and MOD agree that notwithstanding the obligation to arbitrate Disputes, Disputes that qualify for small-claims court in either the county where you live or in Circuit Court of Cook County may be brought as individual actions in such small-claims courts. MOD hopes you’ll try Informal Resolution first, and you must do so before commencing an arbitration, but you don’t have to complete the Informal Resolution process before going to small-claims court.
BINDING INDIVIDUAL ARBITRATION
THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances does MOD consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations.
You and MOD agree that Disputes will be settled by binding individual arbitration conducted by the American Arbitration Association (“AAA”), according to the U.S. Federal Arbitration Act (“FAA”) and federal arbitration law and according to the AAA's Commercial Arbitration Rules (the "AAA Rules") before a single arbitrator selected pursuant to the AAA rules, as modified by these Terms and Conditions. These Terms and Conditions affect interstate commerce, and the enforceability of this Section 4 will be substantively and procedurally governed by the FAA, 9 U.S.C. § 1, et seq., to the extent permitted by law.
“Arbitration” means that Disputes between you and MOD will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
“Individual” means that the arbitrator may award the same remedies to you or to MOD as a court could, but only to satisfy your or MOD’s individual claims. To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute.
“Binding” means that both you and MOD will have to live with the arbitrator’s decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, these Terms and Conditions, and the rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.
ARBITRATION PROCEDURE AND LOCATION
You or MOD may initiate arbitration of any Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with the AAA in accordance with the AAA Rules. Instructions for filing a Demand for Arbitration are available at American Arbitration Association | ADR.org. You will send a copy of any Demand for Arbitration to the following address:
support@mod.com
Medical Online Delivery Platform LLC
345 N. Canal Street Suite 201
Chicago, IL 60606
MOD will send any Demand for Arbitration to the email address and to any address you have provided to MOD.
The arbitration will be conducted by a single arbitrator. You and MOD both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms and Conditions.
For Disputes in which the claimant seeks less than $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, and you reside in the United States, the hearing will take place in Cook County, Illinois unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.
The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and MOD agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are Individual to you or MOD to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence).
An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.
Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
CONSUMER ARBITRATION FEES
The terms of this section only apply to you if you are a Consumer.
If you start an arbitration against MOD, you will pay the filing fee required for consumer arbitrations. In some situations, MOD will help you with the fees related to an arbitration you initiate against MOD to (hopefully) move us to a resolution quickly and fairly:
If MOD starts an arbitration against you, MOD will pay all filing fees.
Arbitration costs do not include your attorneys’ fees and expenses if you choose to be represented by an attorney. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise.
NOTICE AND FILING
To the fullest extent permitted by applicable law, you or MOD must start arbitration of a Dispute within one (1) year from when the Dispute first arose. If applicable law requires you or MOD to bring a claim for a Dispute sooner than two years after the Dispute first arose, that shorter deadline applies instead. The failure to begin arbitration regarding a Dispute within the time frames described above in this section shall bar the Dispute, which means that to the fullest extent permitted by applicable law, you and MOD will not have the right to assert the Dispute.
COORDINATED FILINGS
If 25 or more Disputes are initiated with the arbitrator that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases.” MOD will pay only its share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees as set by the Rules and the AAA’s fee schedule for mass arbitrations. Applicable statutes of limitations will be tolled for all claimants who have provided compliant Notices of Dispute to MOD, but demands for arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below, and MOD shall not be required to pay any fees associated with cases that this agreement does not allow to be filed.
Once all Notices of Dispute have been provided to MOD for Coordinated Cases, counsel for claimants and counsel for MOD shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate its half of the cases selected for bellwether trials. If counsel for claimants and for MOD do not agree on the number of bellwethers, the number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if your case is among Coordinated Cases filed against MOD, resolution of your personal claim might be delayed by this bellwether process. Nothing in this paragraph shall be construed to delay the resolution of uncoordinated Disputes based on similar claims to Coordinated Cases filed against MOD.
A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
Once all bellwether trials have concluded (or sooner if the counsel for the claimants in the Coordinated Cases and MOD agree), the parties must make a good-faith effort to resolve all remaining cases that were not chosen for a bellwether proceeding by engaging in a single mediation of all remaining cases. Each side shall pay half the applicable mediation fee. Counsel for claimants in the Coordinated Cases and for MOD must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for claimants in the Coordinated Cases and for MOD cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Counsel for the claimants in the Coordinated Cases and for MOD will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
If the mediation does not yield a global resolution, then claimants in Coordinated Cases who provided compliant Notices of Dispute but whose claims were not resolved in bellwether proceedings shall no longer have the right to arbitrate their Dispute. Instead, outstanding claims from such cases may be filed only in the state courts in Cook County, Illinois or if federal jurisdiction exists, in the United States District Court for the Northern District of Illinois, and you consent as part of these Terms and Conditions to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or MOD from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and MOD reserves the right to contest class certification at any stage of the litigation and on any available basis.
A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
CONTINUATION IN EFFECT
The dispute resolution process set forth in this agreement survives the termination of any other agreement between you and MOD.
FUTURE TERMS CHANGES
Although MOD may revise these dispute resolution terms in its discretion, MOD does not have the right to alter this agreement, or the arbitration rules specified herein, with respect to any Dispute once that Dispute arises if such change would make arbitration procedures materially less favorable to the claimant. The question of whether a change is materially less favorable to the claimant shall be decided by the arbitration provider as a process matter.
CLASS ACTION WAIVER
To the maximum extent permitted by applicable law, disputes, claims, and controversies not subject to the requirement to arbitrate (including, but not limited to, claims filed in small claims court and claims that are deemed not subject to the requirement to arbitrate) may not be aggregated together in a class action, except that (as set forth above) if a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and MOD reserves the right to contest class certification at any stage of the litigation and on any available basis. Accordingly, to the maximum extent permitted by applicable law, you and MOD will only bring disputes, claims, or controversies between MOD in an individual capacity only and shall not:
SEVERABILITY
If all or any provision of this agreement is found invalid, unenforceable, or illegal, then you and MOD agree that the provision will be severed, and the rest of these terms shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and MOD agree that this entire agreement to arbitrate (but not the separate class action waiver) will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified herein.
YOUR 30-DAY RIGHT TO OPT-OUT
You have the right to opt out of and not to be bound by the Binding Individual Arbitration provisions set forth in these Terms and Conditions (except for the class action waiver, which is not subject to an opt-out). To exercise this right, you must send written notice of your decision to the following address:
support@mod.com.
Medical Online Delivery Platform LLC
345 N. Canal Street Suite 201
Chicago, IL 60606
Your notice must include your name, mailing address, and email address associated with your account with MOD, and state that you do not wish to be bound by the Binding Individual Arbitration provisions set forth in these Terms and Conditions. TO BE EFFECTIVE, THIS NOTICE MUST BE POSTMARKED OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THESE TERMS AND CONDITIONS UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS SECTION. You are responsible for ensuring that MOD receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these provisions, MOD will not be bound by them with respect to disputes with you.
Communications by text message and email
By accepting these Terms and Conditions or by sending MOD an initial text message (an “SMS Enrollment”), you consent to receiving text messages sent via an automatic telephone dialing system regarding your MOD account and use of the Websites and Services. These text messages may include order confirmations, shipping notifications, messages from your healthcare provider, and other transactional messages.
With your SMS Enrollment, you represent and understand that: (a) you are the owner or authorized user of the mobile device you used in order to initiate the SMS Enrollment, (b) you are authorized to approve any applicable charges in connection with the text messages you send to and receive from MOD, (c) you will be responsible for all messaging and other data charges that may apply for any text messages sent by you to MOD, or from MOD to you, and (d) neither MOD, nor your or MOD's mobile carriers, will be liable for delayed or undelivered messages.
Note that access to the Services and the Sites is not conditioned upon your consent to receive text messages from MOD, and you can opt-out of any of MOD's SMS services at any time by texting “STOP” to the message received, from the mobile device that is subscribed to receive the SMS messages. After you send the text message “STOP” to us, we may send you one final text message to confirm that you have been unsubscribed. If you have opted-in to receive more than one type of text message from MOD, you will need to opt-out of each MOD SMS service to which you are subscribed. Until you have done so, you may continue to receive the types of text messages from MOD that you have opted-in to receive but have not unsubscribed from.
You also understand that while MOD takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from MOD 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 text messages to MOD, and receiving text messages from MOD, that are not encrypted. Likewise, by emailing MOD or giving MOD your email, you consent to receive unencrypted emails messages from MOD.
If you are experiencing any issues with MOD's text messaging or email services, or if you have any concerns about sending or receiving any sensitive, please contact us by sending an email to support@mod.com. If you have questions specific to your text or data plan, please contact your wireless provider.
ASSIGNMENT
You may not assign your rights under these Terms and Conditions or your relationship with MOD, and any attempted assignment will be null and void.
MODIFICATIONS TO THESE TERMS AND CONDITIONS
MOD can change, add or remove provisions to these Terms and Conditions at any time, by posting the new Terms and Conditions on the Websites. We will provide you notice of material changes via email, through your account, or otherwise. If you object to any changes, your sole recourse will be to cease using the Websites and our Services, except to terminate your account. Your continued access to and use of the Websites or Services signifies your acknowledgement and acceptance of any such changes to these Terms and Conditions and agreement to be bound thereby.
REPORT VIOLATIONS
YOU SHOULD REPORT ANY SUSPECTED VIOLATIONS OF THESE TERMS OF SERVICE TO support@mod.com.
QUESTIONS
IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS, PLEASE CONTACT US AT support@mod.com.
ADDRESS
MEDICAL ONLINE DELIVERY PLATFORM LLC
345 N. Canal Street Suite 201
Chicago, IL 60606