Terms and Conditions of Use

Last Modified: July 2, 2019

WBP Secure, LLC (“Company,” “we,” “us,” or “our”) owns and operates the website located at www.huge.com (the “Site”). By using the Site and associated services (the “Services”), you are agreeing to be legally bound by and comply with these terms and conditions of use (“Terms of Use”). If you do not accept and agree to be bound to these Terms of Use, you may not use the Site or Services.

The Services may include: (i) development and gathering of health care records and health care information with retention of same for use in health care provider appointments, communications, and pharmacy services; (ii) providing individuals with paid access to certain erectile dysfunction medications as prescribed by a health care provider; (iii) administrative support in connection with scheduling and payment for health care provider consultations; and (iv) telecommunications support for using the Services as a means of direct access to health care providers provided by B2BMD, LLC for communication, consultations, assessments, and treatment of erectile dysfunction.

These Terms of Use describe your rights and responsibilities with regard to the Site and the Services. For purposes of these Terms of Use, the terms “you” and “your” refer to the person using the Services.

Eligibility. In order to qualify to use the Services, the following must be true: (i) you are 18 years of age or older; (ii) you are located in a U.S. state where we operate (see Geographic Restrictions); (iii) you agree to be legally bound by and comply with these Terms of Use.

Your Representations and Warranties. By accessing, registering with, or using the Site, or purchasing any Products or Services through the Site, you represent and warrant to Company that you are 18 years of age or older and your use of the Services does not violate any applicable law or regulation. Company reserves the right to terminate your user account without warning or notice to you if we have reason to believe that you have breached these representations and/or if any Registration Information (as hereinafter defined) is false or inaccurate.

Special Consent to Telehealth Services. Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:
  • Electronic transmission of medical records, photo images, personal health information, or other data between a patient and a health care provider;
  • Interactions between a patient and health care provider via audio, video, and/or data communications; and
  • Use of output data from medical devices, sound, and video files

The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of personal health information, and will include measures to safeguard the data against intentional or unintentional corruption.

Please see our Informed Consent to Telehealth for a description of the risks and benefits of telemedicine. The Informed Consent to Telehealth is incorporated into these Terms of Use by this reference.

Privacy Policy. Company understands the importance of confidentiality and privacy regarding your health information. Please see (i) our Privacy Policy for a description of how we may collect and use your personal information; and (ii) the B2BMD, LLC Notice of Privacy Practices and PharmaMedRx LLC Notice of Privacy Practices for a description of how these entities may use and disclose your medical information and how you may access that information. The Privacy Policy, B2BMD, LLC Notice of Privacy Practices, and PharmaMedRx LLC Notice of Privacy Practices are hereby incorporated into these Terms of Use by this reference.

Your Relationship With Company. Company does not provide any medical advice or medical services, including via the Site and Services. Company provides a technology platform for you to access a health care provider employed or contracted with B2BMD, LLC or similar affiliated professional entities who will evaluate whether or not you are an appropriate candidate for the prescription products offered on the Site (the “Products”), and who may issue you a prescription for the Products if appropriate. You understand that by coordinating and/or consulting with a B2BMD, LLC or affiliate health care provider through the Services, you are not entering into a provider-patient relationship with Company. Except for specific communications from B2BMD, LLC or affiliated health care providers, none of the content you receive through the Site should be considered medical advice.

Electronic Communications. By accepting these Terms of Use, you agree and consent to Company, Company affiliates, or health care providers sending you disclosures, notices, messages, and other communications. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold Company or any Company affiliate liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications.

Consultations. If you consult with a health care provider through the Services, you understand that the scope of this medical consultation is limited solely to determining whether you are an appropriate candidate to be issued a prescription for the Products for the treatment of erectile dysfunction, and does not constitute a general health examination. Medical consultations conducted through the Services are in no way intended as a substitute for an in-person medical examination. A health care provider who consults with you through the Services may not have the benefit of information that would be gained by examining you in person and observing your physical condition. By deciding to use the Services, you acknowledge and agree that you are aware of these limitations and that you assume the risk of these limitations.

You understand that by coordinating and consulting with a health care provider through the Services, you are not entering into a provider-patient relationship with Company, and Company is not directly providing you with medical advice, diagnosis, or treatment. If you think you may have a medical emergency, call your doctor or dial 911 immediately. You should always seek the advice of your qualified health care professionals should you have any questions or concerns regarding potential health conditions.

Registration and User Accounts. In order to access the Services, you must create a user account (an “Account”) by registering with the Site, providing accurate, complete, and correct information as requested on the registration form (“Registration Information”), accepting these Terms of Use, and signing the Authorization for the Use and Disclosure of Health Information (the “Authorization Form). The Services are available only to registered users who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to provide information that is accurate, complete, and correct, and to accurately maintain and update your Registration Information as needed to ensure it remains accurate, complete, and correct. If Company has reasonable grounds to believe you have not provided Registration Information that is accurate, complete, and correct, Company has the right to suspend or terminate your Account and your use of the Services.

You will be asked to create a user name and password when you create your Account. You agree to keep your user name and password confidential and to exit from your registered user account at the end of each session. You agree to immediately notify Company of any unauthorized use of your user name, password, or any breach of security that you become aware of involving or relating to the Services by e-mailing Company at support@huge.com.

You are responsible for all activities that occur under your Account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone or create more than one Account. You may not use anyone else’s Account at any time. Company disclaims liability for any and all losses and damages arising from your failure to comply with this section.

License. Subject to your compliance with these Terms of Use, Company hereby grants you a personal, limited, revocable, non-exclusive, non-transferable license to view, download, access, and use the Site in states where we operate and to use the Services solely for your personal, non-commercial use and only as permitted under these Terms of Use. Your unauthorized use of the Site or any breach of these Terms of Use by you shall automatically terminate this license.

Prohibited Uses. You agree that you will not, and will not attempt to: (i) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (ii) use the Site to violate any local, state, national, or international law; (iii) reverse engineer, disassemble, decompile, or translate any software or other components of the Site; (iv) distribute, input, upload, transmit, or otherwise run or propagate any viruses, malware, or other harmful computer code that could damage or alter a computer, portable device, communication network, data or our Site; (v) access or use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (vi) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Site, Services, or related materials in any way; (vii) take any action or use the Site in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Site or any content, in whole or in part; (viii) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the Site; (ix) bypass, breach, avoid, impair, or otherwise circumvent any security device, protection, or technological measure implemented by Company or any of our service providers to protect the Site; (x) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Site or any content made available to you through the Site; (xi) use any manual process or automated device to monitor or copy any content made available on or through the Site for any unauthorized purpose; or (xii) otherwise use the Site in any manner that exceeds the scope of use granted by the above-referenced license.

Ownership of Information Submitted Via the Site. With the exception of any personal data or information you submit maintained in accordance with our Privacy Policy, which may be governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations, as amended from time to time (collectively, “HIPAA”) or related state-specific privacy laws and regulations, you understand and agree that any information you provide to Company on or through the Site or Services, whether by direct entry, submission, e-mail, or otherwise, including but not limited to data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Company and/or its affiliates. Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting.

For any personal data or information subject to the foregoing exception, and to the extent permitted by applicable law, you (i) understand and agree that any such information provided by you may be used, copied, or displayed by Company, Company may create derivative works of any such data, and Company may provide such data to our service providers and our successors and assigns; and (ii) grant Company, our service providers, and our successors and assigns, the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to any third parties any data or information you submit on or through the Site for purposes of providing services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current, or future features, products, and services of Company using such data.

Ownership of Site Content. Company is the sole and exclusive owner of all right, title, and interest in and to the Site and its content, features, and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel), and all intellectual property rights therein, and any suggestions, ideas, or other feedback provided by you. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Site or its content shall be owned solely and exclusively by Company or its licensors, including all intellectual property rights therein.

Geographic Restrictions. Our Services are currently only available to individuals located in the following U.S. states: Alabama, Alaska, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

Payment Terms. You agree to pay all fees and charges incurred in connection with your use of the Services. Payment transactions will be facilitated through a third-party payment processing application. You represent and warrant to Company that any payment information you provide on or through the Site is current, complete, and accurate, and that you will update and maintain your payment information in the event of any changes. All amounts paid are nonrefundable.

Returns. We are prevented by law from accepting returns for any prescription medication. If you need to dispose of any Products, please visit https://www.fda.gov/consumers/consumer-updates/where-and-how-dispose-unused-medicines and follow the steps provided.

Pharmacy Services. If you receive a prescription as a result of the Services, your order will be shipped from our pharmacy service provider on a monthly basis. You may pause or delay individual shipments on your Account page. We will send e-mail reminders 24 hours prior to processing a refill order to allow for any adjustments.

Trademarks. Certain names, logos, and other materials displayed in and through the Site may constitute trademarks, trade names, service marks, or logos (“Marks”) of Company or its licensors. You are not authorized to use any such Marks without the express written permission of Company. Ownership of all such Marks and all goodwill associated therewith shall remain with Company or its licensors.

Third Party Content. Content from other persons, including users of the Site and health care providers, advertisers, and other third parties may be made available to you through the Site or Services. Because Company does not control such content, you agree that Company is not responsible for any such content, including advertising and information about third party products or services. Company makes no guarantees as to the accuracy, stability, or quality of such content, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other persons, including users of the Site, advertisers, and third parties.

Links to Third-Party Websites. The Site may contain links or references to other websites operated by third parties (“Linked Sites”). The Linked Sites are not under our control, and Company is not responsible for the information, products, or services described therein, or for the content of any Linked Site, including but not limited to any link contained in a Linked Site, or any changes or updates to a Linked Site. The Linked Sites are provided for your convenience only, and the inclusion of any link does not constitute our endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and Company shall not be liable to you in any way, directly or indirectly, for any content, errors, damage, or loss caused by or in connection with the use of or reliance upon information contained in Linked Sites.

You may have arrived to the Site through a Linked Site. You understand and agree that we are not responsible for the information, products, or services described on those Linked Sites and only these Terms of Use shall apply to your use of or access to the Site.

Termination. These Terms of Use will remain in full force and effect as long as you continue to access or use the Site or Services. You may terminate these Terms of Use at any time by discontinuing use of the Site. Your permission to use the Site automatically terminates if you violate these Terms of Use.

Company may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Site or Services with or without prior notice, for any reason, and at any time. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law; Arbitration, Class Action Waiver; Severability; Waiver; and Assignment.

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND ANY SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER COMPANY NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY DAMAGES CAUSED BY, ARISING FROM, OR IN ANY WAY RELATED TO YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE; THE ACTS OR OMISSIONS OF PHYSICIANS AND/OR USERS ON OR OFF THE SITE IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE PROVISION OF ANY SERVICES BY ANY PHYSICIAN.

COMPANY DOES NOT GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, MALWARE, OR OTHER SECURITY INTRUSION, AND COMPANY DISCLAIMS ANY LIABILITY WITH RESPECT THERETO.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CUSTOMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS RELATED PERSONS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS LIABILITIES, LOSSES, COSTS, OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE, OR OTHERWISE.

IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, SERVICE INTERRUPTION, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS TO, USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE, INCLUDING THE B2BMD PAGES, REGARDLESS OF WHETHER COMPANY OR ITS RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

BY USING THE SITE OR THE SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS ON LIABILITY SET OUT IN THESE TERMS OF USE ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE SITE OR THE SERVICES.

Indemnification. You agree to indemnify, defend, and hold harmless Company, its affiliates, and subsidiaries, and the respective directors, employees, contractors, licensors, suppliers, representatives, and agents of each from and against any and all third-party suits, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including reasonable attorneys’ fees and costs), arising from or related to your unauthorized use of materials or features available on the Site, violation of law, or breach of these Terms of Use.
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Governing Law. These Terms of Use and your use of the Site shall be governed by the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule.

Arbitration; Class Action Waiver. If not resolved through negotiation, and except as qualified below, any dispute between you and Company or its affiliates arising under, out of, in connection with or related to these Terms of Use, your relationship with Company, or Company’s business must be submitted to binding arbitration under the authority of the Federal Arbitration Act and must be determined by arbitration administered by the American Arbitration Association in Miami-Dade County, Florida pursuant to its then-current commercial arbitration rules and procedures. Any arbitration must be on an individual basis and the parties and the arbitrator will have no authority or power to proceed with any claim as a class action or otherwise to join or consolidate any claim with any other claim or any other proceeding involving third parties. The arbitrator must follow the law and not disregard the terms of this Agreement. A judgment may be entered upon the arbitration award by any state or federal court of competent jurisdiction. The decision of the arbitrator will be final and binding on all parties to the dispute; however, the arbitrator may not under any circumstances: (i) stay the effectiveness of any pending termination of this Agreement; (ii) assess punitive, exemplary or consequential damages; or (iii) make any award which extends, modifies or suspends any lawful term of this Agreement or any reasonable standard of business performance that Company sets. The arbitrator, and not a court, shall have exclusive authority to resolve any dispute over the enforceability of all or any part of this Section. In the event that any one or more provisions of this Section shall be or become invalid, illegal or unenforceable in any respect, the validity legality and enforceability of the remaining provisions of this Section shall not be affected thereby.

Entire Agreement. These Terms of Use and our Privacy Policy constitute the entire agreement between you and Company with respect to the Site and Services and supersede all prior and contemporaneous understandings and agreements, whether written or oral, with respect to the Site or Services.

Severability. If any term or provision of these Terms of Use is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision of these Terms of Use is invalid, illegal or unenforceable, these Terms of Use may be modified to affect the original intent of the parties as closely as possible, to the extent permitted by applicable law.

Waiver. No failure to exercise, and no delay in exercising, any right or power hereunder shall operate as a waiver thereof by Company, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder by Company.

Assignment. You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. Company may, in its discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of the business of Company is transferred to another entity by way of merger, sale of its assets, or otherwise.

Modifications. Company may at its sole discretion modify, add, or delete portions of these Terms of Use at any time. Continued use of the Site following notice of any such modifications will constitute your acknowledgment and acceptance of such modifications and agreement to be bound by these Terms of Use as modified.

Digital Millennium Copyright Act. It is Company’s policy to terminate the Accounts of repeat copyright infringers as appropriate. Company complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. If you believe that your work has been copied through use of the Services in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Company’s Designated Copyright Agent:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where on the Site the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you made under penalty of perjury that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please send your Notice of Claimed Infringement to Company’s Designated Copyright Agent at the address provided below.

WBP Secure, LLC, 701 Washington Avenue, Third Floor, Miami Beach, Florida 33139.