Terms of service

TERMS OF SERVICE
Effective Date: 01.11.2025

Thank you for visiting the AlphaU website at Alphau.com (the “Website”). The Website is operated by Khan Artifact Marketing LLC (“AlphaU,” “we,” “us,” or “our”).

Please read these Terms of Service (the “Terms” or “Agreement”) carefully before using our Website, products, or services. These Terms govern your access to and use of the AlphaU Website, services, and products (as defined below) and constitute a binding legal agreement between you and Khan Artifact Marketing LLC (doing business as “AlphaU,” “we,” “us,” or “our”).

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE — as detailed in Section 16— requiring that all disputes be resolved through individual arbitration rather than jury trials, court proceedings, or class actions of any kind.

This Agreement applies to your use of the AlphaU website currently available at https://www.alphau.com (together with any content, functionality, and services offered on or through it, and any successor sites, collectively referred to as the “Website”), as well as your use of any of our products, services, mobile applications, and other communication channels under our control, including email, telephone, and social media (collectively, the “Services”). These Terms also incorporate by reference any additional terms and conditions provided by AlphaU on the Website or otherwise made available to you (“Additional Terms”).

Please note that the Website may display or provide access to certain products or services offered by independent third-party healthcare providers, including medical consultations, prescription medications, or medical devices (“Third-Party Materials”). AlphaU itself is not a healthcare provider and does not furnish medical care or make medical decisions. The third-party licensed healthcare providers who deliver telehealth services through the Website are solely responsible for those services and any related medical advice, diagnosis, or treatment.

By accessing or using the Website, you confirm that you are at least eighteen (18) years of age or the age of majority in your jurisdiction. Individuals under the age of eighteen (18) are not permitted to use the Website, register an account, or enter into this Agreement under any circumstances.

Parents or legal guardians may restrict or prohibit a minor’s use of the Website. If you are a parent or guardian and believe that a minor under your care has accessed the Website without your consent, please contact us immediately at support@alphau.com.

 

 

TABLE OF CONTENTS

1.     Scope; Modification of Agreement.

2.     Information Submitted Through the Website Jurisdiction.

3.     Registration Forms.

4.     Purchasing Products and Payment Terms.

5.     Return and Refunds Policy.

6.     Rules of Conduct.

7.     Telemedicine Services.

8.     Registration; User Names and Passwords.

9.     Social Media Pages.

10.  Content

11.  Electronic Communications.

12.  Intellectual Property.

13.  Disclaimer of Warranties.

14.  Other Limitations of Liability.

15.  Indemnification.

16.  Dispute Resolution.

17.  Changes to These Terms of Service.

18.  Termination.

19.  Information or Complaints.

20.  Digital Millennium Copyright Act (“DMCA”) Notice.

21.  Important Note to New Jersey Consumers.

22.  Miscellaneous.


 

 

TERMS OF SERVICE DETAILS

1. Scope of the Agreement.

This Agreement constitutes the complete and exclusive understanding between you and AlphaU regarding your use of the Website and all related offerings, and it supersedes any prior or contemporaneous agreements, representations, warranties, or understandings on the same subject matter. AlphaU reserves the right to modify or update this Agreement at any time, at its sole discretion, without prior notice to you; however, (a) any changes to the arbitration clause, class action waiver, or other dispute resolution terms (collectively, “Dispute Resolution Provisions”) will not apply to disputes that arose before such changes took effect, and (b) any changes to pricing or billing terms (“Billing Provisions”) will not affect charges incurred before those changes were implemented. The most current version of this Agreement will always be available on the Website, and you are encouraged to review it before using any Site Offerings. By continuing to use the Site after updates are posted, you agree to be bound by the version of the Agreement then in effect, except that any prior Dispute Resolution or Billing Provisions will continue to govern earlier disputes or charges, as applicable.


2. Information Submitted Through the Website Jurisdiction

Your submission of information through the Website and/or Services is governed by the Company’s Privacy Policy, located at the Privacy Policy. You represent and warrant that any information you provide in connection with the Website and Services is and will remain accurate and complete that you will maintain and update such information as needed.

The Website and Services are controlled and operated from the United States and is not intended to subject the Company to any non-U.S. jurisdiction or law. The Website or Services may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Website or Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Website or Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

3. Registration Forms.

In order to purchase Products and/or utilize certain Website Offerings, including the Contact Services, you may be required to submit one or more registration forms (each, a “Form”). The information that you must supply on a Form may include, without limitation: (a) your full name; (b) your mailing/billing address; (c) your e-mail address; (d) your telephone number; (e) your gender; (f) your credit card information (where purchasing Products); (g) answers to questions regarding your health and well-being, as asked via the medical intake form; and/or (h) any other information requested by us on the applicable registration Form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, as necessary, to maintain it in an up-to-date and precise fashion. You further acknowledge that the accuracy of your responses to Form inquiries regarding your medical history, health metrics, body measurements, and other health and well-being information is required for the Company to determine your eligibility for certain Website offerings properly and to deliver the Website Offerings effectively. If any information you provide on a Form becomes inaccurate, incomplete, or otherwise false or misleading, you will immediately notify the Company. You acknowledge that if you fail to provide true, accurate, current and complete information on the Forms, or in any other format, the Company may terminate your access to the Website Offerings, in addition to any other remedy AlphaU may have available at law.

4. Purchasing Products and Payment Terms.

You can purchase, by and through the Website, prescription Medication by completing the applicable Form, providing the requisite Registration Data, completing the Telemedicine Services process and receiving approval from a Healthcare Provider.

One-Time Purchase: Where you purchase Products in a one-time transaction, the credit card or debit card account (collectively, “Payment Method”) that you provide on the Form (or update at a later date) will be charged the amount listed on the Site for the subject Product(s), plus shipping and handling and any applicable sales tax.


Subscription Program: Where you purchase Products in connection with an automatically renewing subscription model (“Automatic Renewal Program”), your Payment Method will be charged the applicable amount for the subject Products on a recurring basis for as long as that Automatic Renewal Program subscription remains active (the “Recurring Fees”). Such Recurring Fees will be charged in advance and you acknowledge and agree that Company will not obtain any additional authorization from you for the applicable Automatic Renewal Program’s Recurring Fees. Every time that you accept delivery of the subject Products, you reaffirm that Company is authorized to charge your Payment Method and to have the Recurring Fees applied to the same. If you wish to cancel an Automatic Renewal Program, you may do so at any time by calling us at: (833) 867-7747. For all California customers, all New York customers, and select Vermont customers having an initial subscription of one year or longer, you may also cancel an Automatic Renewal Program by: (i) signing in to your member portal here; or (ii) e-mailing us at: support@alphau.com. Please be advised, all automatic renewal program subscription orders must be cancelled within (12) hours of the renewal subscription date to avoid the order being shipped and you incurring charges for the same.

It is your responsibility to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, credit card expiration date, or telephone number). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made at Malemd.com under payment information under your account tab. If your credit card fails to process for a shipment, your membership in our Subscription Program may be terminated. The Company may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and the necessary funds or credit available to cover your purchase.
Price: The Company reserves the right to determine the pricing of its services. Company will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. The Company may change the fees for any feature or product, including additional fees or charges, if the Company provides advance notice of changes before they apply. Company, at its sole discretion, may make promotional offers with different features and different pricing to any of Company’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

No Purchase For Resale Allowed. The company sells its products directly to You (end consumers) through the subscription service. Purchase of products for resale (to other consumers, businesses, or third parties) is strictly prohibited. If Company believes you are involved in a purchase for resale, the Company reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.

Shipping: Our Partner Pharmacies ship out all medication via USPS First Class Mail and you should receive your package in 3-5 days. You will be alerted via email when your order has shipped and receive a tracking number.

5. Return and Refunds Policy
Our partner doctors typically review submissions and approve or deny treatments within a couple of hours. If they deem medical treatment is approved, our pharmacy begins to fill your prescription and ship it out the same day in many cases. Consumer protection law prohibits the return of prescription medication. The Company does not accept returns or provide refunds for prescription products once they have shipped.

6. Rules of Conduct

In connection with the Services, Website, and Products, you must not:

  • Contact or seek to contact any healthcare professional associated with the Company outside of the Website. This is in order to protect both patients and healthcare professionals and to ensure that diagnosis and treatment is delivered in a reliable, continuous and controlled environment.

  • Post, transmit or otherwise make available through or in connection with the Website any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.

  • Post, transmit or otherwise make available through or in connection with the Website any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).

  • 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.

  • Use the Website for any commercial purpose or for any purpose that is fraudulent or otherwise unlawful.

  • Create a false identity for the purpose of misleading others, impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.

  • Harvest or collect information about users of the Website.

  • Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available, including by hacking or defacing any portion of the Website; or violate any requirement, procedure or policy of such servers or networks.

  • Restrict or inhibit any other person from using the Website.

  • Infringe the patent, trademark, trade secret, copyright or other intellectual property or other rights of another person or entity.

  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Website except as expressly authorized herein or otherwise use the Website for the benefit of a third party or to operate a service bureau, without Company’s express prior written consent.

  • Reverse engineer, decompile or disassemble any portion of the Website, except where such restriction is expressly prohibited by applicable law.

  • Remove any copyright, trademark or other proprietary rights notice from the Website.

  • Frame or mirror any portion of the Website, or otherwise incorporate any portion of the Website into any product or service, without the Company’s express prior written consent.

  • Systematically download and store Website content.

  • Attempt to disable, bypass, modify, defeat or otherwise circumvent any security-related tools incorporated into or used in connection with the Website.

  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Website content, or reproduce or circumvent the navigational structure or presentation of the Website, without the Company’s express prior written consent.

  • “Frame” or “mirror” any AlphaU content which forms part of the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.

In connection with the Website, you shall notify Company immediately if you become aware of any inaccuracies, errors, omissions or inconsistencies in the information or content provided through the Website and to comply with any corrective action taken by Company.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Website.
We reserve the right to investigate any transactions, activity, or interaction with our Website, Services, or Product(s) that we believe, in our sole discretion, is abusing or has abused the Terms, Services, or Product(s). We reserve the right to cancel any order, shipment, consultation, and/or terminate any account that we believe, in our sole discretion, is abusing or has abused the Terms, Services, or Product(s), including, without limitation, by engaging in a pattern of creating multiple accounts. Any failure to comply with this Agreement, any fraud or abuse, or any misrepresentation of any information furnished to Company by you or anyone acting on your behalf may result in the termination of your account. If Company has any reason to suspect fraudulent activity is associated with your account, Company reserves the right to delay or withhold Products and/or Services. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud process. Company decisions are final.

7. Telemedicine Services.
Where you request Prescription Medication, you must complete the medical intake Form. Upon completion of the same, the Company will submit the same to a participating Healthcare Provider. Where the applicable Healthcare Provider determines, after performing the requisite Telemedicine Services, that Prescription Medication is suitable for you, your Prescription Medication order will be processed.

You should always consult with your physician or other healthcare professional before utilizing any Prescription Medications and/or adopting any treatment for a health problem recommended by and through the Telemedicine Services. Your physician should allow for proper follow-up visits and individualize your treatment plan as appropriate. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site or in connection with any Telemedicine Services.

Please be advised that the Company does not itself offer the Telemedicine Services made available via the Site Offerings, nor can the Company issue a prescription for the Prescription Medication. The ultimate terms and conditions of any such prescription made available via the Telemedicine Services will be determined by the applicable Healthcare Provider(s). You understand and agree that the Company shall not be liable to you or any third party for any medical services and/or medications offered by any Healthcare Provider(s) by and/or through the Telemedicine Services.

8. Registration; User Names and Passwords

You may need to register to use all or part of the Website. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name, password or Website account. You are limited to one active Website account and You may not use the Website account of any other MaleMD user at any time. If you are under the age of 18, your user name and password should also be shared with your parent or legal guardian for the purposes of monitoring your medical care.

Your cooperation is imperative in safeguarding your Personal Information. Choose your account password carefully, as anyone with access to your account password will be able to assume your online identity and view your medical information, change your Personal Information, and communicate with your AlphaU-affiliated health care providers. It is your responsibility to prevent disclosure of your password to others, and to change your password if you feel that its security has been compromised. You can change your password on your account profile page after logging in. Additionally, you will periodically receive correspondence from the Company at the email address you registered with your account. While these emails will never contain your photos or payment information, they will sometimes include information relating to the details of your treatment (as applicable). Accordingly, you must safeguard your designated email address and restrict access thereto. The registration of an email address with your account indicates your consent for the Company to transmit your Personal Information, including your Health Information, to such address. For more information regarding our privacy practices, please review our Privacy Policy located at (LINK TO PRIVACY POLICY)

9. Social Media Pages

Website visitors may make available certain materials (each, a “Submission”) through or in connection with the Website, including on profile pages, on social media or on the Website’s interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. Submissions do not include your health information. The company has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personally identifiable or other information publicly available through the website, you do so at your own risk.

10. Content
The Site contains Content which includes, but is not limited to, product reviews, text, audio, video, photographs, graphics, artwork, testimonials and other information about AlphaU and/or the AlphaU Products. The Content is compiled, distributed and displayed by AlphaU, as well as third-party content providers, such as Third-Party Sources and other Site users (collectively, “Third-Party Providers”). AlphaU does not control the Content provided by Third-Party Providers that is made available by and through the Site Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Reliance on any Content or other information made available to you by and through the Site Offerings is solely at your own risk. AlphaU does not represent or warrant that the Content and other information posted by and through the Site Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that AlphaU will not be responsible for, and AlphaU undertakes no responsibility to monitor or otherwise police Content provided by Third-Party Providers. You agree that AlphaU shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. The Content is offered for informational purposes only and is at all times subject to the DISCLOSURES contained herein and on the Site.

11. Electronic Communications

We may allow you to request and receive pricing information and coupons via communications including, but not limited to, text messaging and email. When you use the Site or send text messages or e-mail to us, you are communicating with us electronically. By using the Services and/or requesting pricing and other information and coupons from us, you are consenting to be contacted with prescription-related information and to receive communications from us electronically by SMS or text messages, emails or by posting notices on the site. SMS consent will not be shared with third party providers. You acknowledge that texting and email are not secure methods of communication and that there may be some risk that the information in the communication(s) could be read by an unauthorized third party. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

12. Intellectual Property

All content included in, or made available through, the Site, such as text, graphics, logos, designs, data, button icons, images, audio clips, digital downloads, data compilations, specialized content, technical data, documentation, know-how, and software, along with the compilation of such content, is the property of Company or its content suppliers, is protected by United States and international copyright laws, and may be subject to other intellectual property protections, including patent and trademark rights under United States, other national laws, or international law. All elements of the Site, including without limitation the general design of the Site and the content included therein, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Site may be used only for the intended purpose for which it is being made available. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. For purposes of these Terms of Service, the use of any such material on any other mobile application, website, or online service is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site. The Site, their content, and all related rights shall remain the exclusive property of the Company or its licensors unless otherwise expressly agreed.

All custom graphics, icons, logos, design marks and service names are registered trademarks, trademarks or service marks of AlphaU and its owners. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of AlphaU.

13. Disclaimer of Warranties

We provide access to alphau.com, the app, and services, including services provided by third parties, “as is” and without any warranty or condition, express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, and fitness for a particular purpose and non-infringement. We are not responsible for any third party services or conduct of providers of third party services. We do not warrant alphau.com, the app, and/or the services will be uninterrupted or error free. There may be delays, omissions, interruptions, and inaccuracies in the content available through alphau.com, the app, and services. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, alert, notification or other material or data displayed or uploaded or distributed through alphau.com, the app, and/or services. We reserve the right to correct any errors or omissions in alphau.com, the app, and services. We do not guarantee or warrant that alphau.com, the app, and/or services or materials that may be downloaded from the services do not contain viruses, works, “trojan horses” or other destructive materials; we are not liable for any damages or harm attributed to such features. If you rely on alphau.com, the app, and/or the services and any materials available through the services, you do so solely at your own risk. By using third party services, you hereby waive and release any claims against us for any and all responsibility or liability to any damage, or any other claim, that may arise in connection with usage of the third party services. You assume total responsibility and risk for use of alphau.com, the app, and the services or information, and hyperlinked sites. Services and information provided by hyperlinked sites or third parties may be subject to the additional terms and conditions of those providers. We make no warranty that the site or service will meet your requirements, or that service will be uninterrupted, timely, secure or error free, nor do we make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the site or service or that any defects will be corrected. We make no warranty regarding any goods or services purchased through the site or through hyperlinked sites. No advice or information, whether oral or written, obtained by you from us will create any warranty not expressly made herein.

14. Other Limitations of Liability

We cannot and do not assume any liability for unauthorized or fraudulent use of AlphaU.com, the app, and services. By accessing the site and services, you agree to hold harmless and waive all claims against us and our related parties and third parties regarding the information provided and your use of it. In addition, you agree that under no circumstances will we or our related parties be liable to you for any direct, indirect, incidental, special, consequential, punitive or exemplary damages – even if we have been advised of the possibility of such damages – or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (however arising in tort, contract, or otherwise) regardless of our negligence or whether we knew or should have known of the possibility of such damages. Our entire liability and your exclusive remedy with respect to any dispute or claim related to the site and services is your stopping your use of the site and services. The limitations of liability provided in this agreement inure to the benefit of the company and to all of our respective officers, directors, employees, attorneys and agents. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

15. Indemnification

You shall indemnify, defend and hold harmless company and its respective officers, directors, employees, and agents from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with (a) your violation of applicable laws, (b) your misuse of the site or services, and (c) your breach of these terms or any other terms on the site. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you (subject to your continuing indemnification).

16. Dispute Resolution

Governing Law

(a) Generally. In the interest of resolving disputes between you and Company in the most expedient and cost-effective manner, and except as described in Section 20(b), you and Company agree that every dispute arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, your use of the services and/or the AlphaU products, and our communications with you, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

(b) Exceptions. Despite the provisions of Section 20(a), nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

(c) Arbitrator. Any arbitration between you and Company will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by this Agreement. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

(d) Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Company’s address for Notice is: Khan Artifact Marketing LLC, 8 The Green STE A, Dover, DE, 19901. The Notice of Arbitration must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Company may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or by Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Company in settlement of the dispute prior to the award, the Company will pay to you the higher of: (A) the amount awarded by the arbitrator; or (B) $10,000.

(e) Fees. If you commence arbitration in accordance with this Agreement, the Company will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in city, state, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

(f) No Class Actions. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

(g) Modifications to this Arbitration Provision. If the Company makes any future change to this arbitration provision, other than a change to the Company’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Company’s address for Notice of Arbitration.

(h) Enforceability. If Section 20(f) is found to be unenforceable or if the entirety of this Section 20 is found to be unenforceable, then the entirety of this Section 20 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 21 will govern any action arising out of or related to this Agreement.

(i) If you do not wish to resolve Disputes by binding arbitration, you may opt out of the provisions of this Section within 30 calendar days after the date that you agree to these Terms by sending a letter to Khan Artifact Marketing LLC, Attention: Legal Department – In order to be effective, the letter must be received by Company within 30 calendar days of your acceptance of these Terms and your letter must specify: your full legal name, your current residential address, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”).

This Agreement is governed by the laws of the State of Delaware without regard to conflict of law principles. You and Company submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of Delaware (and, at Company’s election, the courts located in New Castle County, Delaware) for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Website from our offices in Delaware, and we make no representation that the Website is appropriate or available for use in other locations.

17. Changes to These Terms of Service.

We reserve the right to modify these Terms of Service, in whole or in part, at our own discretion at any time. Modifications shall be effective immediately upon the linking of modified Terms of Service to the Site. Please check the “last updated” date at the top of this page to determine if these Terms of Service have been modified since you last reviewed them. Your continued use of the Site after that date means you agree to these updated Terms of Service.

18. Termination

This Agreement is effective until terminated. You may deactivate your Account at any time, for any reason, by sending an email to support@alphau.com. The Company may terminate, discontinue, cancel, suspend, change or limit access Your use of the Website or Services at any time and without prior notice, for any or no reason, including if the Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or if any amounts due by you to Company are past due. Upon any such termination or suspension, your right to use the Website will immediately cease, and the Company may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Your medical records will be retained by Company for a period of at least five (5) years, unless a longer period is required by state or federal law, after which they may be destroyed. If you are younger than twenty-three (23) years of age on the date the records may potentially be destroyed, your records will be kept at least until you reach the age of 23, or as required by state or federal law. Sections 2–6, 8–11 and 13–25 shall survive any expiration or termination of this Agreement. Any termination or discontinuance of the Website pursuant to the provisions set forth in this Section 19 shall be subject to compliance with any notice or waiting period provided by applicable law. You agree that Company will not be liable to you or to any third party for any modification, suspension, or termination of your ability to use the Website, Services, or Product(s). If you are dissatisfied with any aspect of the Website, Services, or Product(s) at any time, your sole and exclusive remedy is to cease participating in the Website, Services, and Product(s). Termination will not prejudice either you or our remedies at law or in equity.

19. Information or Complaints

If you have a question or complaint regarding the Website, Product(s), or Service(s), please send an e-mail to support@alphau.com . You may also contact us by writing at Khan Artifact Marketing LLC, 8 The Green STE A, Dover, DE, 19901. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

20. Digital Millennium Copyright Act (“DMCA”) Notice

In operating the Site, we may act as a “services provider” (as defined by DMCA) and offer services as an online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available while using the Site. AlphaU has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. We have adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of nupharmalife.com or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms of Service. If you believe any material available via the Site or Services infringes, specifically or generally upon a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing upon said copyright and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is support@alphau.com.


21. Important Note to New Jersey Consumers

If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) the limitation on liability for loss of profits or loss or use of data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under any contract, tort (including negligence), strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnity Company (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the Delaware governing law provision. (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

22. Miscellaneous.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction, including, without limitation, those rights or obligations relating to your Website account and any information that you provide or that has been provided on your behalf to Company or that has been collected by Company in connection with Company’s business operations or through the Website. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” To the extent there is a conflict between the provisions in this Agreement and any Additional Terms incorporated herein by reference, the latter shall have precedence. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation or any delay in performing any of its obligations, if the delay or failure was due to any cause beyond Company’s reasonable control including but not limited to severe weather, power, or other utility cut-off, natural disaster, strikes, governmental action, epidemic, pandemic, terrorism, war, civil unrest, or other similar events of “force majeure”.

Website © 2025
Khan Artifact Marketing LLC unless otherwise noted. All rights reserved.