RETURN & REFUND POLICY

Due to our strict patient safety policies, we cannot accept returns or exchanges on prescriptions that have already been processed for shipping. All purchases are final. If you purchase a subscription, please refer to our Subscription & Cancellation Policy for details.

Online Payments

We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, Pinnacle Performance Health & Wellness may obtain pre-approval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must request to change your information in writing by sending an e-mail to info@pinnacleperformancehealth.com. This may temporarily delay your ability to make online payments while we verify your new payment information.

You represent and warrant that if you are making online payments that (a) any credit card, debit card, and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

Prescriptions and Diagnostics Policy

At Pinnacle Performance Health & Wellness, we do not provide any prescriptions, or lab requisitions, unless a clinical need exists at the time of the provider’s assessment. Clinical need is based upon the results of your health assessment questionnaire, medical history, physical examination, lab results, and consultation by the provider. Agreeing to an appointment does not automatically equate to clinical necessity and a prescription. We reserve the right to deny care for actual or potential misuse of the Services.

Eligibility; Site Access, Security and Restrictions; Passwords

In order to access the Site and the Services, you represent and warrant that you are older than 18 years old. You agree to fully, accurately, and truthfully create your Pinnacle Performance Health & Wellness account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your Pinnacle Performance Health & Wellness username and credentials. The Magnus Men’s Health username and/or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Pinnacle Performance Health & Wellness username and/or credentials, and for all activities that occur under such Pinnacle Performance Health & Wellness username and/or credentials. You agree to prohibit anyone else from using your Pinnacle Performance Health & Wellness username and/or credentials and agree to immediately notify Pinnacle Performance Health & Wellness of any actual or suspected unauthorized use of your Pinnacle Performance Health & Wellness username and/or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Pinnacle Performance Health & Wellness at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Magnus Men’s Health will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

Electronic Communications

When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Magnus Men’s Health may contact you by telephone, mail, or email to verify your Account information. Pinnacle Performance Health & Wellness may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 30 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.

You consent that all of the information submitted to Pinnacle Performance Health & Wellness LLC. is true and accurate. You will be responsible for notifying the company if there are any changes.

Consent to Receive Calls

By providing your phone number, you are agreeing to be contacted by or on behalf of Pinnacle Performance Health & Wellness at the number you have provided, including calls and text messages, to receive informational, Services related (e.g., progress tracking, prescription fulfillment, appointment reminders, etc.) and marketing communications relating to the Site and Services. You can opt-out of receiving further calls and text messages from us by going to the following link opt-out. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you.

Limitation of Liability Regarding Use of Site

Specific results are not guaranteed. Individual results may vary. Testosterone is classified as a controlled substance under the Anabolic Steroids Control Act of 1990 and has been assigned to Schedule III. It is regulated by the Drug Enforcement Agency (DEA). The use of testosterone or any prescribed hormone therapy is illegal in the United States for those without a valid medical diagnosis and prescription justifying their use. We will not be liable to you in respect of any losses arising out of any event or events from the misuse and abuse of hormone therapies. Moreover, we will not be liable to you in respect of any business losses, including without limitation loss of damage to income, revenue, profits, use, production, business entity, anticipated savings, contracts, commercial opportunities, or good will. By using this website, we will not be liable to you in respect to any loss or corruption of any data, database, or software. We will not be liable to you in respect of any special, indirect or consequential loss or damage from misuse or abuse of our services and products.

No claim or opinion on this website is intended to be, or should be construed to be as medical advice unless you have been evaluated by our licensed medical provider. Magnus Men’s Health and associates specifically disclaim all responsibility for any liability, loss, or risk incurred as a direct or indirect consequence of using this website contents. Any dietary, nutrient, hormone, and medication suggestions found in this website are to be followed only under the supervision of a physician or other qualified healthcare provider. Please consult with a healthcare professional before starting any therapeutic program.

Accuracy of Information and Functionality

Although Pinnacle Performance Health & Wellness attempts to ensure the integrity and accurateness of the Site and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Pinnacle Performance Health & Wellness so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Pinnacle Performance Health & Wellness shall have no responsibility or liability for information or content posted to the Site from any non-Pinnacle Performance Health & Wellness affiliated third party.

Pinnacle Performance Health & Wellness reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.

User Information

If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Magnus Men’s Health that you have the legal right and authorization to provide all User Information to Magnus Men’s Health for use as set forth herein and required by Pinnacle Performance Health & Wellness.

Pinnacle Performance Health & Wellness may de-identify your information such that it is no longer considered protected health information or personally identifiable information. Magnus Men’s Health may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.

You agree not to: (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or anti-spyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Pinnacle Performance Health & Wellness; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Site or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.

Disclaimer of Warranties

You understand and agree that the services are provided “AS IS” and “AS AVAILABLE,” and that Pinnacle Performance Health & Wellness assumes no responsibility or liability for the accuracy, completeness, timeliness, or efficacy of the services. Pinnacle Performance Health & Wellness expressly disclaims all warranties of any kind, whether expressed or implied, to the extend permitted by applicable law, including, but limited to, the implied warranties of merchantability, fitness for a particular purpose and infringement, and any warranty that (A) The Services will meed your requirements, (B) The services will be uninterrupted, timely, secure or error-free, (C) The results that may be obtained from the use of the services will be accurate or reliable, (D) any content or information you provide or Pinnacle Performance Health & Wellness collects will not be disclosed, or (E) Any errors in any services will be corrected. You agree that use of the application and services is at your own risk.

Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

Pinnacle Performance Health & Wellness respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Pinnacle Performance Health & Wellness’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Copyright Notice”) complying with the following requirements.

Identify the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Copyright Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent:

Attn: Copyright Agent
Pinnacle Performance Health & Wellness LLC, 18117 Biscayne Blvd #1752, Miami, FL 33160

Telephone: (305) 814-0227
Email: info@pinnacleperformancehealth.com

Intellectual Property

All materials and other information on the Services, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of Pinnacle Performance Health & Wellness and/or its licensors and are protected by all United States and international copyright laws.

You agree to indemnify, defend, and hold Pinnacle Performance Health & Wellness harmless from any claims arising out of the use of the Services, breach of this agreement, or violation of any laws or regulations or the rights of any third party by you or any person that you allow to use the Services.

Links to Other Sites

The website may contain hyperlinks to internet websites operated by third parties, or to materials or information made available by third parties. Such links do not constitute or imply our endorsement of such third parties, or of the content of their sites, the quality or efficacy of their goods or services, or their information privacy or security practices, and we have no responsibility for information, goods or services offered or provided by such third parties, or for the manner in which they conduct their operations. Your use of third-party sites and the materials, goods and services offered by them is entirely at your own risk, and is subject to the terms of use of the third parties operating or providing them.

No Third Party Rights

Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Pinnacle Performance Health & Wellness, and affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Pinnacle Performance Health & Wellness and affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Pinnacle Performance Health & Wellness, and affiliates.

Assignment

You may not assign, transfer, or delegate the Terms of Use or any part thereof without Pinnacle Performance Health & Wellness’s prior written consent. Pinnacle Performance Health & Wellness may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

Dispute Resolution and Arbitration Agreement

Any dispute or claim relating in any way to your use of any Pinnacle Performance Health & Wellness services, or to any products or services sold by Pinnacle Performance Health & Wellness will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. This agreement to arbitrate also requires you to arbitrate claims against other parities relating to services or products provided or billed to you, including suppliers of services and products and partners and our retail dealers, if you also assert claims against us in the same proceeding. You and we acknowledge that the agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration lay apply to arbitrations under this agreement. Before instituting arbitration, you agree to provide us with an an opportunity to resolve your claim by sending a written description of your claim to us at: Pinnacle Performance Health & Wellness LLC, 18117 Biscayne Blvd #1752, Miami, FL 33160, and negotiating with us in good faith in regarding your claim. If we are not able to resolve your claim within thirty (30) days of receipt of your notice, then you or we, instead of suing in court, may initiate arbitration proceedings with the AAA (American Arbitration Association). Arbitration will be conducted under the AAA’s consumer arbitration rules, which are available to calling the AAA at 1-800-778-7879 or visiting its website at www.ADR.org. You and we agree to pay our own other fees, costs, expenses, including those for any attorneys, experts, and witnesses. An arbitrator may only award as much and the type of relief as a court with jurisdiction in the place of arbitration that is consistent with law and this agreement. An arbitrator may issue injunctive or declaratory relief but only applying to you and us and not to any other client or third party. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of the Terms of Use as a court would. Both you and we agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trail.

Both you and we agree that no suit, arbitration or other legal proceeding connected with this Agreement or your use of the Services may be brought more than one year after the incident giving rise to the claim has occurred.

Force Majeure

Pinnacle Performance Health & Wellness will not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riots, or acts of God.

Indemnification

You agree to defend, indemnify, and hold harmless Pinnacle Performance Health & Wellness and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Products, Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Pinnacle Performance Health & Wellness or any provider or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Products, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

Modified Devices and Operating Systems

Pinnacle Performance Health & Wellness will have no liability for errors, unreliable operation, or other issues resulting from use of the Site on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Site on Modified Devices will be at your sole and exclusive risk and liability.

California Department of Consumer Affairs Notice

Notice for California Users. Under California Civil Code section1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Pinnacle Performance Health & Wellness LLC, 18117 Biscayne Blvd #1752, Miami, FL 33160. If you have any questions, concerns, or complaints regarding the Services, please email us at info@pinnacleperformancehealth.com or call us at 305-814-0227. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Revisions

Pinnacle Performance Health & Wellness reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. Pinnacle Performance Health & Wellness reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Pinnacle Performance Health & Wellness and you pertaining to the subject matter hereof. In its sole discretion, Pinnacle Performance Health & Wellness may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.