Terms & conditions

Terms & Conditions

Last Updated: July 16, 2025

1. Acceptance of Terms

By accessing or using Tough Luck Med Kits LLC’s website, associated applications, or telehealth services (collectively, the “Services”), you agree to be bound by these Terms & Conditions (“Agreement”). If you do not agree, please do not use the Services.

2. Changes to Terms

We reserve the right to modify these Terms at any time. Changes become effective immediately upon posting. Continued use of the Services means you accept the revised Terms.

3. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use the Services independently. Minors under the age of 18 may only access the Services with the consent and active involvement of a parent or legal guardian, as outlined below.

4. Telehealth Services & Medical Disclaimers

Our Services may include access to telehealth consultations by licensed healthcare professionals. Please read this section carefully:

• Emergency Care: Our telehealth services are for non-emergency, non-urgent care only. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room.
• Prescriptions: Medications may be prescribed based on a healthcare provider’s professional judgment. Controlled substances are not prescribed.  Prescriptions are only issued when medically appropriate and compliant with applicable law.
• No Guaranteed Prescriptions: A consultation does not guarantee that a prescription will be issued.
• Informed Consent: By using the Services, you give informed consent to receive telehealth care. You understand the risks, limitations, and benefits of remote medicine.
• No Ongoing Doctor–Patient Relationship: Use of the Services does not create an ongoing primary care or continuous physician–patient relationship.
• Geographic Limitations: You may only use our telehealth services from jurisdictions where our providers are licensed.

4A. Parental Consent for Minors

If a user is under 18 years of age, a parent or legal guardian must:

1. Provide express consent before the minor may use our Services, including any telehealth features;
2. Participate in the initial registration process and approve the creation of the minor’s application.
3. Be present for all telehealth consultations involving the minor, unless otherwise permitted under applicable law and clinical judgment;
4. Agree to these Terms & Conditions on behalf of the minor user.

We reserve the right to refuse or restrict service to any minor without verified parental or guardian consent. Misrepresentation of age or consent status may result in termination of service and potential legal action.

5. Privacy and HIPAA Compliance

We protect your health information as required by HIPAA and other privacy laws. Please review our Privacy Policy to understand how we collect, use, and protect your data.

6. Application Registration

Certain Services require an application. You agree to provide accurate, current, and complete information.

7. Payments and Refunds

• All fees are clearly stated before purchase.
• Payments are processed via secure third-party platforms.
• Payment can be processed at any point up to 6 business days after submission.
• Refund eligibility is outlined in our Shipping & Return Policy.
• Services may be canceled at any time before payment has been processed.

8. Service Limitations

We may deny or limit Services based on medical appropriateness, incomplete information, or regulatory restrictions.

9. Intellectual Property

All content, branding, and features are owned by Tough Luck Med Kits LLC or its licensors. No content may be copied or reused without written permission.

10. Disclaimers and Liability

• Services are provided “as is,” with no warranties.
• We are not liable for any indirect, incidental, or consequential damages.
• All medical care is provided by licensed professionals who bear full responsibility for their clinical decisions.

11. Indemnification

You agree to defend and hold harmless Tough Luck Med Kits LLC and its affiliates from claims arising out of your use of the Services, including any violations of these Terms.

12. Termination

We reserve the right to suspend or terminate your registration at our discretion. Certain sections of this Agreement will survive termination, including Sections 4, 9, 10, and 11.

13. Dispute Resolution & Governing Law

a. Governing Law (Utah Headquarters)

This Agreement and any dispute arising from your use of the Services—including telehealth consultations, prescriptions, medical advice, and any related transactions—shall be governed by the laws of the State of Utah, without regard to its conflict-of-laws rules.

If Services are provided to users located in Idaho or Wyoming, the laws of those states may additionally govern the licensed provider’s clinical activity in those jurisdictions. However, all contractual disputes between the user and Tough Luck Med Kits LLC shall remain governed by Utah law.

b. Mandatory Binding Arbitration (No Court Access)

To the fullest extent permitted by law, you agree to resolve any and all disputes, claims, or controversies exclusively through final and binding arbitration, including but not limited to:

• Disputes related to medical services, consultations, or prescriptions
• Allegations of breach of contract, negligence, product liability, or violations of healthcare laws
• Disagreements regarding billing, subscriptions, or services rendered

This arbitration agreement applies regardless of the legal theory and will be conducted under the Consumer Arbitration Rules of the American Arbitration Association (AAA). Arbitration shall occur in Salt Lake City, Utah, unless otherwise required by applicable law.

c. Waiver of Jury Trial, Class Actions, and Small Claims

By using the Services, you:

• Waive any right to a jury trial
• Waive participation in any class, collective, or representative action
• Waive the right to bring any claim in small claims court

All claims—regardless of amount or nature—must be resolved through arbitration as described above.

d. No Medical Liability for Tough Luck Med Kits LLC

Medical services are provided by independent, licensed healthcare providers. Tough Luck Med Kits LLC is a technology and service platform, not a medical group, and disclaims any responsibility for clinical decisions or outcomes. All licensed medical providers are responsible for care delivered in accordance with state law (Utah, Idaho, or Wyoming).

e. Equitable Relief Exception

Despite the arbitration agreement, either party may seek temporary or permanent injunctive relief (e.g., to protect confidential information or enforce intellectual property rights) in a court of competent jurisdiction without waiving the right to arbitration for all other disputes.

14. Contact

Tough Luck Med Kits LLC
182 S 1450 E, Hyrum, Utah 84319
Email: info@toughluckmedkits.com
Phone: 435-554-8129