Terms of service
Terms of Service & Healthcare Terms and Conditions Mish Health Ventures PLLC DBA Mars Well Last Updated: January 4, 2025
SECTION 1 — WEBSITE TERMS OF SERVICE
OVERVIEW
This website is operated by Mish Health Ventures PLLC DBA Mars Well. Throughout the site, the terms "we", "us" and "our" refer to Mish Health Ventures PLLC DBA Mars Well. We offer this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
You can review the most current version of the Terms of Service at any time on this page at www.joinmarswell.com. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least 18 years of age. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction. You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.
SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 — PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy available at www.joinmarswell.com. We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations.
SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 — OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion.
SECTION 8 — THIRD-PARTY LINKS
Third-party links on this site may direct you to third-party websites that are not affiliated with us, including but not limited to affiliate product links, lab ordering platforms, and supplement recommendations. We are not responsible for examining or evaluating the content or accuracy of third-party websites and we will not have any liability or responsibility for any third-party materials or websites. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites.
SECTION 9 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send creative ideas, suggestions, proposals, plans, or other materials, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation to maintain any comments in confidence, pay compensation for any comments, or respond to any comments. You are solely responsible for any comments you make and their accuracy.
SECTION 10 — PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed at www.joinmarswell.com.
SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.
SECTION 12 — PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content for any unlawful purpose; to violate any regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; or to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind.
In no case shall Mish Health Ventures PLLC DBA Mars Well, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of any of the Service or any products procured using the Service. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mish Health Ventures PLLC DBA Mars Well and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party.
SECTION 15 — SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service.
SECTION 16 — TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. If in our sole judgment you fail to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice.
SECTION 17 — ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 — GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflict of law provisions.
SECTION 19 — CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website at www.joinmarswell.com. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.
SECTION 20 — CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
Mish Health Ventures PLLC DBA Mars Well Email: privacy@venusandmarswell.com Website: www.joinmarswell.com
SECTION 2 — HEALTHCARE TERMS AND CONDITIONS
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO SECTION 10 BELOW, WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION WHICH WILL PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION.
AMONG OTHER ACTIVITIES, MARS WELL ENABLES COORDINATION AND COMMUNICATION WITH A HEALTHCARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN.
THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR MENTAL HEALTH CRISIS, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT ACCESS THE SERVICES FOR EMERGENCY OR CRISIS CARE.
Introduction
Mish Health Ventures PLLC DBA Mars Well and its affiliates (collectively, "Mars Well," "we," "us," or "our") own and operate the website located at www.joinmarswell.com. Together, the Website, Apps, and other services provided by Mars Well are referred to as the "Services." In these Terms, "you" and "yours" refer to the person using the Services.
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT USE THE SERVICES.
1. Services Overview, Availability, and Eligibility
Overview of the Services
The Services include a range of offerings, such as:
- Providing individuals with information about men's health and wellness
- Offering access to telehealth services for men's health
- Providing access to pharmacy services
- Facilitating the development and retention of health records
- Providing administrative support related to scheduling, payments, and healthcare provider communications
- Providing telecommunications support to enable access to healthcare providers for consultations, assessments, and treatment
Availability
Certain Services are currently only available to individuals in specific states within the United States. Mars Well currently provides services in Kentucky and Indiana and may expand to additional states in the future. We will notify you if any limitations apply to your use of the Services based on your location.
Eligibility
Our Services are intended for use by individuals who are at least 18 years old. To access and use the Services, you must meet the following criteria:
- You are at least 18 years old
- You are located in a state where Mars Well operates
- You agree to comply with these Terms and any additional terms provided in connection with specific Services
2. Telehealth, Pharmacy, and At-Home Testing Services
Telehealth Services
Mars Well offers telemedicine services that facilitate the delivery of men's healthcare services using electronic communications, including but not limited to:
- The electronic transmission of medical records, photo images, personal health information, or other data between you and healthcare providers
- Video or audio consultations with healthcare providers
- Access to lab results and diagnostic testing
We take steps to protect the privacy and security of your health information. However, no method of electronic communication is 100% secure, and by using our telehealth services, you acknowledge the associated risks. For more information please refer to our Telehealth Informed Consent.
Emergency Care Disclaimer
Mars Well does not provide emergency medical services. In the event of a medical emergency, please contact 911 or go to the nearest emergency room. For mental health crises, you may contact the Suicide & Crisis Lifeline at 988.
Pharmacy Services
If your healthcare provider prescribes medication as part of your treatment, you may have your prescription filled by a pharmacy of your choice. Mars Well prescribes FDA-approved branded medications only. It is your responsibility to keep medications out of the reach of children as childproof packaging cannot be confirmed.
At-Home Testing Services
Mars Well may offer at-home testing services which may require a valid order from a licensed healthcare provider. These services are intended for informational purposes only and are not a substitute for professional medical advice or diagnostic services.
3. Registration and Account Creation
To use certain features of the Services, you may need to create an account. You agree to provide accurate and complete information. You are responsible for maintaining the confidentiality of your username and password. If you suspect unauthorized use of your account, contact us immediately at privacy@venusandmarswell.com.
4. Privacy
Mars Well respects your privacy and understands the importance of safeguarding your health information. For details on how we collect, use, and share your personal information, please review our Privacy Policy available at www.joinmarswell.com.
5. Ownership and License to Use the Services
As between you and Mars Well, we retain ownership of all intellectual property rights in and to the Services and their content. We grant you a limited, non-exclusive, revocable, non-transferable license to access and use the Services for your personal, non-commercial use only. You may not copy, modify, distribute, sell, or create derivative works based on the Services without our express written permission.
6. User Content
By submitting content through the Services, including but not limited to medical history, feedback, questions, or comments, you grant Mars Well a non-exclusive license to use your content solely for the purposes of providing and improving the Services. You agree not to submit any content that is false, misleading, defamatory, offensive, or violates the rights of others.
7. Restrictions on Use
You agree to use the Services only for lawful purposes. You are prohibited from:
- Impersonating any person or entity
- Attempting to gain unauthorized access to the Services
- Transmitting any viruses, malware, or other harmful code
- Using the Services to infringe upon the intellectual property or other rights of any third party
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. MARS WELL DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MISH HEALTH VENTURES PLLC DBA MARS WELL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
I acknowledge that I, the patient, take full responsibility for my health decisions made during and after the services provided by Mars Well. I assume the risks of the Services. I release Mish Health Ventures PLLC DBA Mars Well from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, which I ever had, now have, or will have in the future against Mars Well, unless resulting from gross negligence.
10. Indemnification
You agree to indemnify, defend, and hold harmless Mish Health Ventures PLLC DBA Mars Well, its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, and expenses including reasonable attorney's fees arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights.
I acknowledge that I am voluntarily participating in the services provided by Mars Well and agree to the following:
- I waive, release, and discharge Mish Health Ventures PLLC DBA Mars Well and their employees from any and all negligence and liability for my death, disability, personal injury, property damages, property theft, or any claims that may arise as a direct or indirect result of my participation in their services.
- I agree to defend, indemnify, and hold harmless Mish Health Ventures PLLC DBA Mars Well and their employees against any and all claims of any nature, including costs, expenses, and attorneys' fees, which result from my participation in their services.
11. Third-Party Links and Features
The Services may contain links to third-party websites or features including but not limited to affiliate product links, lab ordering platforms, and supplement recommendations. Mars Well is not responsible for the content, privacy practices, or activities of third-party websites.
12. Changes to the Terms and the Services
We reserve the right to modify or discontinue the Services at any time without notice. Changes to these Terms will be effective immediately upon posting at www.joinmarswell.com. Your continued use of the Services after changes have been posted constitutes your acceptance of the revised Terms.
13. Payments
By using the Services, you agree to pay all applicable fees as indicated at the time of purchase. All fees are non-refundable unless otherwise stated in our Refund Policy. Medications and labs are custom-ordered and cannot be returned or refunded under any circumstances.
14. Termination
We may terminate your access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease.
15. Governing Law; Severability
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflict of law principles. If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.
16. Dispute Resolution: Binding Arbitration Clause and Class Waiver
Any dispute arising out of or related to these Terms or the Services shall be resolved through binding arbitration in Louisville, Kentucky, in accordance with the rules of the American Arbitration Association. By agreeing to arbitration, you waive the right to a jury trial or to participate in a class action.
17. Communications by Text Message and Email
By providing your contact information, you consent to receiving communications from Mars Well via text message, email, or other methods. For sensitive information, patients are encouraged to use Healthie or the Spruce app to ensure HIPAA-compliant communication. By using unsecured communication methods, patients accept the potential risks.
18. Miscellaneous Terms
These Terms constitute the entire agreement between you and Mars Well regarding your use of the Services. Any failure by Mars Well to enforce a right or provision of these Terms shall not be considered a waiver of such right or provision.
19. Contact Us
If you have any questions about these Terms, please contact us at:
Mish Health Ventures PLLC DBA Mars Well Email: privacy@venusandmarswell.com Website: www.joinmarswell.com
20. Additional Terms for Specific Products and Services
For additional terms related to specific services or products offered by Mars Well, please review the applicable sections of the Services. These terms are hereby incorporated into these Terms by reference.
21. Notice to Patients — Open Payments Database
As required by the federal Physician Payments Sunshine Act, information about payments made by manufacturers of drugs, medical devices, and biologics to physicians and teaching hospitals is publicly available through the Open Payments database. You may view this information by visiting: https://openpaymentsdata.cms.gov/
Mish Health Ventures PLLC DBA Mars Well | Last Updated: January 4, 2025