Terms of Service
Please read carefully. These Terms contain a binding arbitration provision and a class action waiver in Section 16, which affect how disputes between us are resolved. You may opt out of arbitration within 30 days of first accepting these Terms.
1. Who we are and what these Terms cover
These Terms of Service (“Terms”) are a contract between you and Brand Merchants Network LLC, a limited liability company doing business as Yucca Health (“Yucca Health,” “we,” “us,” or “our”).
These Terms govern your access to and use of tryyucca.com, the Yucca Health patient portal, and any related applications, content, and services (together, the “Services”).
By creating an account, placing an order, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1.1 Documents that form part of these Terms
The following are incorporated into these Terms by reference and form part of your agreement with us:
Offers & Guarantees (locked pricing, and the Yucca 6-Month Promise if you enroll in a plan it covers)
Consumer Health Data Privacy Notice
1.2 Order of precedence
If there is a conflict between documents, the following order applies, from highest to lowest:
Any separate written agreement signed by an authorized representative of Yucca Health
These Terms
The incorporated documents listed in Section 1.1
Any other content on the Services, including FAQs and marketing materials
Consent forms and authorizations relating to your medical care are separate from these Terms and are not governed by this order of precedence. Where a clinical consent or a provider’s Notice of Privacy Practices addresses a subject, that document governs that subject.
2. Definitions
Clinician — a licensed healthcare professional, engaged by a provider organization, who is authorized to practice and prescribe in the state where you are located.
Provider organization — the professional entity that employs or contracts with Clinicians and is responsible for your medical care.
Pharmacy — a licensed U.S. pharmacy that fills and dispenses prescriptions.
Plan — a recurring purchase arrangement you select at checkout.
Prescription Product — a medication that may only be dispensed pursuant to a valid prescription.
3. What Yucca Health is, and what it is not
Yucca Health does not practice medicine. We do not diagnose, treat, or prescribe. We do not employ the Clinicians who care for you, and we do not direct or influence their clinical judgment.
Yucca Health does not operate a pharmacy. We do not compound, fill, or dispense medication.
What we do is administrative and technological. We provide the website and portal, help gather the information you choose to share, coordinate scheduling and fulfillment, process payments, and provide non-clinical customer support.
All medical decisions — including whether treatment is appropriate for you, which medication, and at what dose — are made independently by a Clinician. All Prescription Products are dispensed by a licensed Pharmacy.
You may choose a different provider or pharmacy. You are never required to use a provider organization or Pharmacy we work with. If you would prefer to have your prescription sent elsewhere, or to obtain care from a clinician of your choosing, contact us and we will accommodate that where we are able. Nothing in these Terms obligates you to obtain care or medication through us.
4. Eligibility
To use the Services you must:
Be 18 years of age or older
Be located in a U.S. state where the Services are available
Be able to form a binding contract
The Services are not intended for anyone under 18, and we do not knowingly provide them to anyone under 18. There is no parental or guardian consent pathway.
Meeting these requirements does not mean you will receive treatment. Whether treatment is appropriate is a clinical decision.
5. Your account
You agree to provide accurate, complete, and current information, and to keep it current. You are responsible for maintaining the confidentiality of your login credentials and for activity under your account. Notify us promptly of any unauthorized use.
One person, one account. Accounts are personal to you and are not transferable.
The accuracy of the information you provide matters clinically. Incomplete or inaccurate medical information can result in unsafe treatment.
6. Telehealth and your medical care
Care through the Services is delivered by telehealth. Before any clinical encounter, you will be asked to review and separately consent to telehealth treatment. That consent is a separate document between you and the provider organization responsible for your care.
Telehealth is not a substitute for in-person care in all circumstances, and there are limitations to evaluating and treating certain conditions without a physical examination.
Telehealth cannot be used for emergencies. If you are experiencing a medical emergency, call 911 or go to the nearest emergency room.
7. Compounded medications
Some prescriptions filled through the Services are compounded medications.
Compounded medications are not approved by the U.S. Food and Drug Administration. The FDA does not review compounded drugs for safety, effectiveness, or manufacturing quality before they are marketed.
Compounded medications are prepared by licensed pharmacies for an individual patient pursuant to a prescription written by a Clinician who has determined, in their independent clinical judgment, that a compounded preparation is appropriate for that patient.
A compounded preparation is not the same as, and is not a substitute for, any FDA-approved product, and we make no claim that it is equivalent in safety, effectiveness, or quality to any approved product.
8. Orders, payment, and plans
8.1 Authorization and charges
By placing an order you authorize us to charge your payment method for the amounts shown at checkout, including any recurring amounts for a Plan.
8.2 Plans renew automatically
If you enroll in a Plan, it renews automatically at the interval you selected until you pause or cancel. The renewal interval, the amount, the date of the next charge, and how to cancel are shown to you at checkout and confirmed by email after you enroll. We send a reminder before each renewal.
You may pause or cancel at any time through your patient portal or by contacting us. Cancellation timing and effect are described in Refunds & Cancellations.
8.3 Pricing
Prices may change. Where you have enrolled at a locked price, Offers & Guarantees governs what that lock covers and what ends it.
8.4 Refunds
Refunds, cancellations, and returns are governed by Refunds & Cancellations. In summary: orders can be cancelled for a full refund before a Clinician issues your prescription; after that, the order is final because compounded medication is patient-specific and cannot lawfully be re-dispensed. If a Clinician declines to prescribe, you receive a full refund including the consultation fee.
8.5 No insurance
The Services are self-pay. We do not bill commercial insurance, Medicare, Medicaid, or any other federal or state healthcare program, and amounts you pay are unlikely to be reimbursable.
9. Shipping
Shipping, delivery, cold-chain handling, and lost or damaged shipments are governed by our Shipping Policy.
10. Communications
By providing your contact information, you agree to receive communications from us and from those involved in your care, including messages about your account, orders, shipments, and clinical matters. These are transactional and you cannot opt out of them while you have an active account, though you can close your account.
Marketing communications, including promotional texts and emails, require your separate consent. Consent to marketing messages is not a condition of purchase. You can opt out of marketing texts by replying STOP, and of marketing emails using the unsubscribe link, at any time. Message and data rates may apply.
11. Acceptable use
You agree not to:
Use the Services for any unlawful purpose
Provide false information, including about your identity, age, location, or medical history
Impersonate anyone, or create an account on someone else’s behalf without authorization
Create multiple accounts, or use the Services to obtain pricing, refunds, or promotions you aren’t eligible for
Resell, redistribute, or transfer any medication obtained through the Services
Interfere with, probe, or attempt to gain unauthorized access to the Services
Reverse engineer or scrape the Services, or use them to build a competing product
We may suspend or terminate your account for violations of this section.
12. Intellectual property
The Services and their content are owned by us or our licensors and are protected by intellectual property laws. We grant you a limited, personal, non-transferable, revocable license to use the Services for their intended purpose. All other rights are reserved.
13. Health information on the Services
Content on the Services is general educational information. It is not medical advice, and reading it does not create a clinician-patient relationship. That relationship begins only through the intake and clinical review process.
Do not delay seeking medical advice, or disregard advice you have received, because of anything you read on the Services.
14. Disclaimers
The Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Services will be uninterrupted, timely, secure, or error-free.
We make no warranty regarding any medical outcome. Nothing in the Services is a promise or guarantee that any treatment will produce any particular result.
This section does not apply to the extent prohibited by law. Some states do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
15. Limitation of liability
To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to the Services, regardless of the theory of liability and even if we have been advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to these Terms or the Services will not exceed the greater of (a) the amounts you paid us in the twelve months immediately preceding the event giving rise to the claim, or (b) one hundred dollars ($100).
Important clarification. This section limits our liability for our own administrative and technology services. It does not limit, and is not intended to limit, the liability of any Clinician, provider organization, or Pharmacy for the medical or pharmacy services they provide. Those parties are responsible for their own professional services, and your rights against them are unaffected by these Terms.
Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, or fraud. Some states do not allow certain limitations, so some of these may not apply to you.
Time limit. Any claim arising out of or relating to these Terms or the Services must be brought within one year after the claim arises, or it is permanently barred, except where a longer period is required by law.
16. Dispute resolution and arbitration
Read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.
16.1 Your right to opt out
You may opt out of this arbitration agreement within 30 days of first accepting these Terms. To opt out, send written notice to hello@tryyucca.com with the subject line “Arbitration Opt-Out,” including your full name, the email on your account, and a clear statement that you are opting out. Opting out does not affect any other part of these Terms, and it will not affect your account or your care in any way.
16.2 Informal resolution first
Before starting an arbitration or a court case, you agree to first send us a written Notice of Dispute at hello@tryyucca.com describing the dispute and the relief you want, and to give us 60 days to try to resolve it. We agree to do the same before bringing any claim against you. This step is a condition of proceeding, and either of us may ask a court or arbitrator to enforce it.
16.3 Agreement to arbitrate
If we can’t resolve a dispute informally, any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding individual arbitration rather than in court, except as stated in Section 16.5.
Arbitration will be administered by a nationally recognized arbitration provider under its consumer arbitration rules, before a single arbitrator. The arbitration may be conducted by telephone, videoconference, or on written submissions, or in person in the county where you live if you prefer.
The Federal Arbitration Act governs the interpretation and enforcement of this section.
16.4 Class action waiver
You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding.
This waiver does not apply to any claim that cannot be waived under applicable law, including, where applicable, claims for public injunctive relief.
16.5 What’s excluded from arbitration
Either of us may bring an individual claim in small claims court if it qualifies.
Either of us may seek injunctive or equitable relief in court to protect intellectual property or prevent unauthorized access to the Services.
16.6 Coordinated claims
If 25 or more similar claims are brought against us by or with the assistance of the same counsel or coordinated group, those claims will be administered in staged batches of no more than 50, with a single arbitrator per batch, and the limitations periods for claims in later batches are tolled while earlier batches proceed. Both sides will work with the administrator in good faith to resolve batches efficiently. This provision exists to make resolution practical for both sides and applies equally to us.
16.7 Costs
We will pay arbitration filing and administrative fees to the extent required by the administrator’s consumer rules. Each side bears its own attorneys’ fees unless a statute or the arbitrator’s award provides otherwise.
16.8 Delegation
Questions about the interpretation, applicability, enforceability, or formation of this arbitration agreement are for the arbitrator to decide, except that a court decides whether the class action waiver in Section 16.4 is enforceable.
16.9 Severability
If the class action waiver in Section 16.4 is found unenforceable as to a particular claim or request for relief, that claim or request is severed and proceeds in court, while all other claims proceed in arbitration. If any other part of Section 16 is found unenforceable, it is severed and the rest remains in effect.
16.10 Survival
Section 16 survives termination of these Terms and closure of your account.
17. Governing law and venue
These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules.
For any dispute not subject to arbitration, and where you have opted out of arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California — except that if you are a consumer residing outside California, you may instead bring an individual action in the courts of the county and state where you reside, and we will bring any claim against you there.
18. Changes to these Terms
We may update these Terms. If a change is material, we will provide notice — by email, in the portal, or through a prominent notice on the Services — before it takes effect.
Material changes to the arbitration agreement in Section 16 will not apply retroactively to disputes we already know about, and you will have 30 days to opt out of the changed arbitration terms.
Continuing to use the Services after a change takes effect means you accept the updated Terms. If you don’t accept them, stop using the Services and close your account.
19. Suspension and termination
You may close your account at any time. We may suspend or terminate your access if you violate these Terms, if we’re required to by law, or if continuing to provide the Services would create a legal or safety risk.
Termination doesn’t affect obligations already incurred, and Sections 7, 11 through 18, and 20 survive.
If we stop providing the Services in your state, we’ll give you as much notice as we reasonably can and help you obtain your records.
20. General
Entire agreement. These Terms, together with the documents in Section 1.1, are the entire agreement between you and us about the Services.
Severability. If any provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in effect.
No waiver. Our failure to enforce a provision is not a waiver of it.
Assignment. You may not assign these Terms. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
Force majeure. Neither of us is liable for delays or failures caused by events beyond reasonable control.
Notices. We may give notice by email to the address on your account, or through the Services. Notices to us go to hello@tryyucca.com or the address below.
Consumer protections. Where state or federal law grants you stronger protections than these Terms provide, those laws take precedence.
21. Contact
Brand Merchants Network LLC d/b/a Yucca Health
9350 Wilshire Blvd, Suite 203
Beverly Hills, CA 90212
(888) 388-1878
hello@tryyucca.com