Terms of Service

Terms and Conditions


Blue Haven RX


Last Updated: May 8, 2026


These Terms and Conditions (“Terms”) form an agreement between you and Eternum Health LLC, a New Jersey limited liability company doing business as Blue Haven RX, together with its affiliates (“Company,” “we,” “us,” or “our”), and govern your access to and use of www.bluehavenrx.com, go.bluehavenrx.com, my.bluehavenrx.com, any other Blue Haven RX subdomain, and any related web or mobile application that requires you to create an account (collectively, the “Site”), and any products you may purchase through the Site (collectively, “Products”). The Site and Products are referred to together as the “Services.”

Please read these Terms carefully before accessing or using the Site or any Products.

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE DISPUTES WITH THE COMPANY ON AN INDIVIDUAL BASIS. SEE SECTION 13 BELOW. BY USING THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED THROUGH BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.

1. General

a. Acceptance of Terms.

By accessing or using the Site or any Products, or by clicking any button indicating your consent, you accept and agree to be bound by these Terms as if you had signed them in writing. If you do not agree, you may not use the Site or purchase any Products.

b. Amendment of Terms.

We may amend these Terms from time to time. Unless we specify a later effective date, amendments take effect when posted. Your continued use of the Site or Products after posting constitutes your acceptance of the amended Terms. We may also modify, suspend, or discontinue the Services at any time. We are not liable for any such modification, suspension, or discontinuation.

c. Additional Terms.

Certain Products or Services may be subject to additional terms, conditions, guidelines, or rules that we post or otherwise communicate. Your use of those Products or Services is subject to those additional terms, which are incorporated into these Terms by reference.

d. Privacy.

Our Privacy Policy describes how we collect, use, and protect your information. Please review it carefully.

e. Availability.

The Services are available in all fifty (50) states and the District of Columbia. The Company is based in the United States and the Services are intended for use only by persons located in the United States. We make no representation that the Services are appropriate or available for use outside the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with all applicable local laws.

f. Eligibility.

You may use the Services and purchase Products only if you are at least eighteen (18) years of age. By using the Services or submitting any information through them, you represent that you are at least 18 years old.

2. Your Relationship with the Company

a. Role of the Company; Professional Entities.

The Company makes information available regarding remote weight loss treatment programs and facilitates your access to telehealth and medical services provided by independent professional medical entities, including Wasef Health, P.C. (CA), Wasef Health, P.A. (KS), Wasef Health, P.A. (TX), Wasef Health, P.C. (NJ), and Beluga Health, P.A., together with their respective affiliated professional corporations, professional associations, and the licensed healthcare providers practicing through them (collectively, the “Professional Entities”). Our Privacy Policy describes how we may use, share, and maintain information that you provide to us or to the Professional Entities. The Company’s role is limited to making such information available to you and facilitating your access to the Services on behalf of the Professional Entities. The Company is independent from the Professional Entities and from the healthcare providers who provide telehealth services to you through the Professional Entities. The Company is not responsible for the acts, omissions, or communications of the Professional Entities. The Company does not engage in the practice of medicine and does not provide any health services.

b. No Medical Advice from the Company.

The Company itself does not provide diagnosis or treatment.

ALL INFORMATION PROVIDED ON OR THROUGH THE SITE OR IN COMMUNICATIONS SUPPORTED BY THE COMPANY IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO CREATE A PROVIDER-PATIENT RELATIONSHIP, AND IT DOES NOT REPLACE ANY PROVIDER-PATIENT RELATIONSHIP YOU MAY HAVE UNDER STATE OR FEDERAL LAW. USE OF THE SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT, AND ANY RELIANCE ON INFORMATION PROVIDED BY THE COMPANY IS AT YOUR OWN RISK.

3. Consent to Telehealth Services

Telehealth allows healthcare providers to assess and treat patients remotely using technology. There are potential benefits and potential risks to telehealth. To use the Services, you must consent to receive treatment via telehealth. Please review our Telehealth Consent. The Telehealth Consent is incorporated into these Terms by reference and forms part of these Terms.

4. Use of the Services

a. Our Content.

The Site and the Services are owned and operated by the Company and its licensors. All content, visual interfaces, graphics, design, compilation, information, computer code, products, software, music, images, video, text, and other material or elements of or available through the Site (collectively, “Content”) are protected by copyright, trade dress, patent, trademark, and other intellectual property laws of the United States and other countries. All Content is the property of the Company or its third-party licensors. All trademarks, service marks, and trade names, whether registered or unregistered, are proprietary to the Company or its licensors and may not be used in any manner likely to cause confusion as to endorsement, affiliation, or sponsorship. Except as expressly authorized by the Company, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Content. You may access Content only for personal, non-commercial use. Downloading Content does not transfer any ownership interest. All rights not expressly granted in these Terms are reserved by the Company.

b. Electronic Communications.

You expressly consent to receive electronic communications from the Company, including through posts on the Services and through the email address and phone number you provide. All agreements, notices, disclosures, authorizations, verifications, confirmations, and other electronic communications we provide satisfy any legal requirement that they be in writing.

5. Membership and Cancellation

a. Program Membership.

Your membership with the Blue Haven RX Weight Loss Program (“Program Membership”), and your access to the Services, begins when you complete the Company’s intake form, at which time your Payment Method (defined below) will be charged the upfront Program Membership Fee for the first subscription term shown at checkout. The Blue Haven RX Weight Loss Program (the “Program”) includes:

The Company is cash-pay only. The Company does not accept Medicare, Medicaid, TRICARE, the Department of Veterans Affairs, the Indian Health Service, any other federal healthcare program, or commercial health insurance. Any additional services, evaluations, or treatments you elect to obtain from healthcare providers outside the Services are not included in the Program Membership Fee and are your responsibility.

The Program Membership Fee may change from time to time. We will provide thirty (30) days’ notice of any change. You may accept the revised fee by continuing your Program Membership into a new subscription term, or you may reject it by terminating your Program Membership before the start of the next subscription term.

b. Subscription Terms; Payment of Program Membership Fee.

We offer monthly, three-month, six-month, and twelve-month subscription terms, each billed in full at the start of the term. The applicable Program Membership Fee and subscription term will be presented to you at checkout. Although you are billed for the full subscription term up front, shipments of compounded medication may be deferred and shipped over the course of the term as described in Section 5(a). The maximum quantity of compounded medication shipped at any one time is a twelve (12)-week supply.

When you enroll in the Program, your Payment Method is pre-authorized for the full Program Membership Fee for your selected subscription term. A pre-authorization is a temporary hold placed on your Payment Method by your card issuer. A pre-authorization is not a final charge, but it may reduce the available credit or balance on your Payment Method until it is either captured (settled) or released, depending on the practices of your card issuer or bank. The Company is not responsible for any effects of a pre-authorization hold on your Payment Method, including any overdraft, declined transaction, or reduction in available credit.

Your treating healthcare provider will then review your intake submission to determine, in their independent professional judgment, whether to issue a prescription. If your provider approves a prescription, the pre-authorization will be captured and your Payment Method will be charged the Program Membership Fee at that time. If your provider does not approve a prescription, the pre-authorization will be released and your Payment Method will not be charged for the Program Membership Fee, although the timing of the release depends on your card issuer or bank.

Subscriptions automatically renew, and your Payment Method will be charged for the next subscription term’s Program Membership Fee on a recurring basis on the Renewal Date (defined below) unless and until you cancel. Once charged, the Program Membership Fee is non-refundable, except as required by applicable law.

c. Renewal Date and Cancellation.

Each subscription term automatically renews on a recurring basis. The date on which your Payment Method will next be charged for renewal of your Program Membership is referred to as the “Renewal Date.” To prevent gaps in treatment, the Renewal Date may occur up to ten (10) days before the end of your current subscription term, allowing time for clinical review, pharmacy processing, and shipment of compounded medication so that your next supply arrives without interruption. The Renewal Date for your current subscription term is displayed in your member portal at my.bluehavenrx.com under the “Next payment” field. When the Renewal Date occurs, your Payment Method is charged the Program Membership Fee for the next subscription term, and pharmacy processing for any associated shipment of compounded medication begins on or shortly after that same date.

You may cancel your Program Membership at any time before the Renewal Date. To prevent the upcoming renewal charge, you must cancel at least forty-eight (48) hours before the Renewal Date. Cancellations received less than forty-eight (48) hours before the Renewal Date will not prevent the renewal charge for the upcoming subscription term, but will prevent any subsequent renewals.

You can cancel by logging into the member portal at my.bluehavenrx.com and selecting “Cancel membership,” by emailing support@bluehavenrx.com, or by calling our customer support team. Customer support is available seven (7) days a week, and contact information is published on the Site. Cancellation through the member portal is effective immediately upon submission, and a confirmation will be sent to the email address on file. We will also send a renewal reminder by email to the email address you have provided in advance of each Renewal Date. You are responsible for keeping your contact information accurate and current. Failure to receive a renewal reminder, including due to outdated contact information, spam filters, or other technical issues outside the Company’s control, does not relieve you of the cancellation deadline.

Because the Program Membership Fee is non-refundable, no refunds, partial or otherwise, will be issued if you cancel before the end of a subscription term for which you have already been charged. You will continue to receive the Services through the end of that paid term.

You may reinstate your Program Membership at any time by logging into the member portal and selecting reinstatement. Reinstating means accepting the Terms in effect on the date of reinstatement.

d. Effect of Cancellation.

If you cancel at least forty-eight (48) hours before the Renewal Date, you will not be charged for the next subscription term. You will continue to receive the Services through the last day of the subscription term for which you have already paid. After that, you will not be eligible to receive any Services, including any further prescriptions through the Professional Entities.

e. Payment Method.

To pay the Program Membership Fee, you must provide a credit card or other payment method accepted by the Company (“Payment Method”). You authorize the Company to charge the Payment Method for the Program Membership Fee and any applicable taxes. This authorization remains in effect until you cancel in accordance with these Terms. You agree to keep your Payment Method current and to notify the Company of any changes.

All payments are processed by a third-party processor, whose terms and privacy policy will govern with respect to financial transactions. You certify that you are an authorized user of the Payment Method, and you agree not to dispute charges made in accordance with these Terms. ACH transactions, if used, must comply with applicable U.S. law. If an ACH transaction is rejected for insufficient funds, the Company may, in its discretion, attempt to process the charge again at any time within thirty (30) days.

NEITHER THE COMPANY NOR THE PROFESSIONAL ENTITIES MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE CONTINUED AVAILABILITY OF THE PROGRAM. THE PROGRAM MAY BE DISCONTINUED AT ANY TIME AT THE COMPANY’S SOLE DISCRETION. WE WILL PROVIDE THIRTY (30) DAYS’ NOTICE OF ANY DISCONTINUATION SO THAT YOU MAY FIND A LOCAL PROVIDER WITH WHOM TO CONTINUE TREATMENT.

f. Product Orders.

We will use commercially reasonable efforts to fulfill orders. The Company does not guarantee the availability of any Product displayed on the Site and reserves the right to discontinue the sale of any Product at any time without notice. We reserve the right to limit quantities to amounts reasonable for our typical customers. Prices on the Site are quoted in U.S. dollars and are valid only within the United States. The Program Membership Fee is all-inclusive of the medication and standard shipping for the items included in your selected plan. Applicable state or local sales or use taxes, if any, will be added to your invoice and are your responsibility.

g. Shipping and Delivery.

Standard shipping of compounded medication to the shipping address you provide is included in the Program Membership Fee. Expedited shipping, where offered, refers to two (2)-business-day shipping after a package is picked up by the carrier. Expedited shipping is not a guaranteed delivery timeline. Once a package is tendered to the carrier, delivery is the responsibility of the carrier. The Company is not responsible for delays, errors, or other issues caused by carriers, including but not limited to lost-in-transit shipments, late deliveries, weather events, natural disasters, address errors, recipient unavailability, customs or regulatory holds, or any other circumstance outside the Company’s reasonable control.

You are responsible for providing an accurate and complete shipping address and for ensuring that the address is secure and accessible for delivery. Once a package has been delivered to the address you provided, as confirmed by the carrier’s tracking information or proof of delivery, the Company is not responsible for the package, including in the case of theft, loss, misplacement, weather damage, or any other event occurring after delivery.

Any timelines published or communicated by the Company on the Site, in the intake form, at checkout, in customer communications, or otherwise — including but not limited to estimated timelines for prescription review and approval, pharmacy processing, shipment dispatch, and delivery — are good-faith estimates based on recent operational data and are not guarantees. Actual timelines may vary based on clinical review, pharmacy capacity, carrier performance, holidays, weather, and other factors.

h. Termination for Non-Payment.

Your Program Membership will be terminated if we are unable to bill your Payment Method and you do not provide an alternative Payment Method on request.

i. Weight Loss Guarantee (Wind-Down).

The Company previously offered a limited weight loss guarantee. Effective April 13, 2026, the weight loss guarantee was discontinued and is no longer available to new members or to members who started a subscription term after that date. Members whose Program Membership commenced on or before April 13, 2026 may remain eligible for the guarantee under the terms in effect at the time of their original enrollment, subject to all applicable conditions and verification requirements. Members covered by the legacy guarantee should contact support@bluehavenrx.com for details. Except as expressly stated in this Section 5(i), the Company does not offer any weight loss guarantee, refund guarantee, or money-back guarantee, and no employee, contractor, or affiliate of the Company is authorized to make any such guarantee on behalf of the Company.

6. Accuracy and Security Obligations

a. Security.

You are responsible for your access to and use of the Services, including all financial transactions you make through them. You agree to notify the Company immediately of any actual or suspected security breach related to your access or use of the Services, and to take steps to prevent further occurrence. If you believe someone is impersonating you or attempting to impersonate you in connection with the Services or any financial transaction, you must contact us immediately.

b. Accuracy of Personal Information.

You represent and warrant that all information you provide to the Company through the Site is current, accurate, complete, and truthful, including all initial and updated registration information such as your legal name, street address, email address, telephone number, and financial transaction account information. You further represent and warrant that you are an authorized account holder of any financial transaction account you provide through the Site.

7. Prohibited Conduct

Without limiting any other prohibition or restriction in these Terms, you agree not to:

The Company reserves the right to refuse service, remove or edit content, and cancel orders in its sole discretion.

8. Third-Party Sites

The Site may include links or access to other websites or services (“Linked Sites”) for your convenience. The Company does not endorse Linked Sites or the information, materials, products, or services they contain or make available, and the Company makes no warranties of any kind regarding them.

ACCESS TO AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIALS, CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE ON OR THROUGH THEM, IS AT YOUR OWN RISK.

We encourage you to review the separate terms of use and privacy notices governing any Linked Site you visit.

9. Data Retention

The Company may retain your information for (i) as long as it believes necessary; (ii) as long as necessary to comply with its legal obligations, resolve disputes, or enforce agreements; or (iii) as long as needed to provide the Services. The Company may delete or dispose of any such information at any time, except as otherwise required by another agreement or by law. See our Privacy Policy for additional information about how your data is handled.

10. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR VIOLATION OF THESE TERMS OR FROM ANY CLAIM BROUGHT BY A THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES IN BREACH OF THESE TERMS.

11. Disclaimer of Warranties

a. Not a Provider of Medical Treatment.

THE COMPANY IS NOT A PROVIDER OF MEDICAL TREATMENT, AND THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR NURSING ADVICE, DIAGNOSIS, OR TREATMENT. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT (A) THE SERVICES DO NOT CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE, DIAGNOSIS, OR OPINION; AND (B) THE SERVICES ARE NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL OR NURSING ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR ANOTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING YOUR MEDICAL OR HEALTH CONDITION.

b. “As Is, Where Is, As Available.”

YOU ACCESS THE SERVICES ON AN “AS IS, WHERE IS, AND AS AVAILABLE” BASIS. THE COMPANY IS NOT RESPONSIBLE FOR PROBLEMS ARISING FROM, OR INADEQUACIES IN, THE CONTENT OF THE SERVICES OR ANY PARTICULAR FEATURE OF THEM. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION, MATERIALS, OR SERVICES, OR THE ERROR-FREE OPERATION OF THE SERVICES. THE COMPANY IS NOT RESPONSIBLE FOR PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK, LINE, COMPUTER SYSTEM, SERVER, EQUIPMENT, SOFTWARE, OR INTERNET CONGESTION, INCLUDING ANY INJURY OR DAMAGE TO ANY USER OR ANY PERSON’S COMPUTER ARISING FROM ACCESS TO OR USE OF THE SERVICES. THE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.

c. California Residents.

IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS: “A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY SIMILAR LAW OF ANY JURISDICTION WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST THE COMPANY OR ITS AFFILIATES.

12. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF SUCH DAMAGES, AND IN THOSE CASES THE COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THE COMPANY’S TOTAL LIABILITY TO YOU IS LIMITED TO FIFTY DOLLARS ($50) OR THE AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY UNDER THESE TERMS IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER. THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13. Arbitration Agreement with Class Action Waiver

PLEASE READ THE FOLLOWING CAREFULLY.

If you have a legal dispute with the Company, except where prohibited by applicable law, you and we agree as follows:

a. Binding Individual Arbitration.

Any dispute, claim, or controversy between you and the Company arising from or relating in any way to these Terms (including any alleged breach), the Services, or the Company’s relationship with you (each, a “Dispute”) shall be resolved exclusively through binding, individual arbitration, except as specifically provided in this Section. The term “Dispute” is to be construed as broadly as possible and includes claims that arose before these Terms (or any prior version) existed.

YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT AS SET FORTH BELOW). YOU AND THE COMPANY EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR TO SEEK RELIEF ON A CLASS BASIS.

If a court determines that a particular claim cannot be arbitrated under this provision’s limitations, only that claim may proceed in court; all other claims remain subject to arbitration.

b. Notice of Dispute.

Before commencing arbitration, you must send the Company a written Notice of Dispute that includes your name, residence address, account username, the email address or phone number associated with your account, a detailed description of the Dispute, and the relief you seek. Your Notice of Dispute must be sent to support@bluehavenrx.com. Before the Company commences arbitration, the Company will send you a Notice of Dispute by email to the address associated with your account, or by other appropriate means. If the Dispute is not resolved within thirty (30) days after the Notice of Dispute is received, either party may commence arbitration.

c. Arbitration Rules and Forum.

The U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms. To begin arbitration, send a letter requesting arbitration and describing your claim to support@bluehavenrx.com. The arbitration will be administered by JAMS in New Jersey. Disputes involving claims and counterclaims under $250,000 (excluding attorneys’ fees and interest) are subject to JAMS’ Streamlined Arbitration Rules and Procedures, available at https://www.jamsadr.com/rules-streamlined-arbitration/. All other Disputes are subject to JAMS’ Comprehensive Arbitration Rules and Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is unavailable to arbitrate, the parties will select an alternative arbitral forum.

d. Arbitration Format.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the state where you reside or at another mutually agreed location. Any judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

e. Small Claims.

Notwithstanding the foregoing, either you or the Company may elect to have an individual claim heard in a small claims court with jurisdiction over the claim. If a request to proceed in small claims court is made after arbitration has been initiated but before an arbitrator has been appointed, the arbitration will be administratively closed. Any controversy over a small claims court’s jurisdiction will be decided by that court. All other issues, except as otherwise provided in this Section, are exclusively for the arbitrator to decide, including the scope and enforceability of these Terms and any request to proceed in small claims court made after an arbitrator has been appointed.

f. 30-Day Right to Opt Out.

You may opt out of this arbitration provision within thirty (30) days of the date you first agreed to these Terms (which is deemed to occur on your first visit to the Site or your first order from the Company, whichever is earlier). To opt out, send your name, residence address, account username, the email address or phone number associated with your account, and a clear statement that you are opting out of the arbitration agreement to support@bluehavenrx.com.

g. Class Action Waiver.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE; AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED.

If a decision is issued holding that applicable law precludes enforcement of any of the limitations in this subsection as to a particular claim for relief, that claim must be severed from the arbitration and brought in the state or federal courts located in Hudson County, New Jersey. All other claims will be arbitrated.

h. Jury Trial Waiver.

YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO SUE IN COURT OR TO HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.

All claims and disputes will instead be resolved by arbitration under these Terms, except as provided in subsections (e), (f), and (g). An arbitrator can award the same damages and relief on an individual basis that a court could and must follow these Terms as a court would. Court review of an arbitration award is limited.

i. Injunctive Relief for Intellectual Property.

The foregoing does not preclude the Company from seeking injunctive relief in any court of competent jurisdiction to protect its intellectual property.

14. Miscellaneous

a. Waiver and Severability.

If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, that part will be modified by the court only to the extent necessary to make it enforceable, and the remainder of these Terms will remain in full force and effect. The Company’s failure to exercise or enforce any legal right, remedy, or benefit in these Terms or under applicable law is not a waiver of its right to do so later.

b. Choice of Law; Forum.

These Terms are governed in all respects by the laws of the State of New Jersey, without regard to its conflict-of-laws rules, consistent with the Federal Arbitration Act (to the extent permitted by applicable law). If for any reason a claim proceeds in court rather than arbitration (including any claim brought by parties outside the United States), the Dispute shall be brought exclusively in the state or federal courts located in Hudson County, New Jersey.

c. Assignment.

We may assign our rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns, and licensees. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under these Terms or delegate your duties under them to any other person without our prior written consent. Any purported assignment without our consent is void and constitutes a breach of these Terms.