Terms and Conditions

You acknowledge and understand that the Content and Happy Point Nonprescription Products have not been evaluated by the U.S. Food and Drug Administration (“FDA”). The Content, Happy Point Nonprescription Products, and other material made available by and through the Site Offerings: (a) are not intended to diagnose, treat, cure, or prevent any medical condition or disease; and (b) are not intended as medical advice or as a substitute for medical advice and/or medical treatment. The Happy Point Nonprescription Products and Prescription Medications are not intended for use by persons under eighteen (18) years of age. Some Content is obtained from independent third-party sources, such as news agencies, scientific reports, and research entities (collectively, “Third-Party Sources”). Happy Point does not warrant that such Content is error-free and does not endorse any Third-Party Source or its methods. Product specifications and performance data are for informational and illustrative purposes only. Individual results vary and depend on factors including pre-existing medical conditions, age, weight, body chemistry, diet, and exercise.

You should always consult your physician or other healthcare professional before using any Happy Point Nonprescription Products or Prescription Medications, or adopting any treatment for a health problem, especially if you have a medical condition including skin disease, stroke, high blood pressure, heart, liver, kidney, or thyroid disease, diabetes, anemia, depression, anxiety, or another psychiatric condition, or a family history of these conditions. If you have or suspect a medical problem as a result of using any product or treatment, promptly contact your health care provider. Never disregard professional medical advice or delay seeking it because of something you read on the Site.

If you are taking medication, are under treatment for any disease, or are pregnant or lactating, consult your health care professional before using any product or adopting any treatment. Products may include ingredients you are allergic to. Check ingredients to avoid allergic reactions. If you suspect an allergic reaction or other adverse health event, promptly contact your health care provider.

The Agreement is the entire agreement between users and Happy Point with respect to use of the Site Offerings, and it supersedes all prior agreements and understandings. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment to the arbitration provisions, class-action waiver, or other dispute-resolution provisions (“Dispute Resolution Provisions”) shall not apply to disputes incurred before the amendment; and (b) any amendment to pricing or billing provisions (“Billing Provisions”) shall not apply to charges incurred before the amendment. The latest Agreement will be posted on the Site. Continued use means you agree to the Agreement then in effect, except for earlier disputes and earlier charges, which remain governed by the provisions in effect at that time.

The Site Offerings are available only to individuals who are at least eighteen (18) years of age (or the age of majority in their jurisdiction, if higher) and who can enter into legally binding contracts (“Usage Requirements”). Anyone who does not meet the Usage Requirements may not access or use the Site Offerings.

To the extent permitted by law, Happy Point may terminate your access if you breach the Agreement, engage in improper conduct, or conduct unauthorized commercial activity through the Site Offerings.

You are responsible for your Internet connection, device, browser, email account, software, and hardware. Happy Point does not guarantee connection quality or that the Site Offerings can be accessed on every device, wireless plan, browser, or location. Standard messaging and data fees may apply. You are responsible for charges billed by your carrier.

To purchase Products or use certain Site Offerings, including Contact Services, you may need to submit registration forms (each, a “Form”). Registration data may include your name, mailing and billing address, email, telephone number, gender, payment information, answers on a medical intake form, and other requested information (“Registration Data”). You agree to provide true, accurate, current, and complete Registration Data and to keep it updated. Accurate health information is required to determine eligibility and to deliver the Site Offerings. If information becomes inaccurate, notify Happy Point immediately. Happy Point may terminate access if information is false or incomplete.

Use of Registration Data is governed by the Privacy Policy.

You can purchase Happy Point Nonprescription Products by completing the applicable Form. You can purchase Prescription Medication by completing the Form, completing the Telemedicine Services process, and receiving approval from a Healthcare Provider.

One-time purchase. The payment method you provide will be charged the amount listed on the Site, plus shipping, handling, and applicable sales tax.

Automatic renewal. If you purchase through an automatically renewing subscription (“Automatic Renewal Program”), your payment method will be charged the applicable amount on a recurring basis while the subscription remains active (“Recurring Fees”). Recurring Fees are charged in advance. Happy Point will not obtain additional authorization for those fees. Each delivery re-affirms that authorization. To cancel, email business@happypoint.me. California customers, New York customers, and select Vermont customers with an initial subscription of one year or longer may also cancel by signing in at the member portal or emailing business@happypoint.me. Cancel at least twelve (12) hours before the renewal date to avoid shipment and charges.

Billing. Notify us promptly if your payment method is cancelled or no longer valid, by emailing business@happypoint.me. If a card fails for a later shipment, you agree that Happy Point may contact you for alternate payment information. Unpaid amounts may be sent to collection. Unless otherwise indicated, all sales are final and non-refundable. Charges appear on your statement under the identifier “Happy Point.” Prices are in U.S. dollars and are valid in the United States. Failure to use a Product is not a basis for refusing to pay. Happy Point may change Billing Provisions on reasonable notice, including by posting on the Site or by email. Changes do not apply to charges already incurred.

Payments for bundled products or cross-sales that include medical services are initially collected by Happy Point. Any portion attributable to medical services is subsequently transferred to the affiliated medical group and may be redistributed within that group to account for the customer’s location.

Authorization to provide and bill for Products is obtained by electronic signature or, where applicable, physical signature or voice affirmation. You agree to electronic signatures, contracts, orders, records, and electronic delivery of notices, and you waive any requirement of an original signature or paper records, to the extent permitted by the Uniform Electronic Transactions Act, the E-SIGN Act, and similar laws.

Products are for your personal, non-commercial use. You will not resell, redistribute, or export them. Happy Point does not accept dealer, wholesaler, or reseller orders and may cancel orders, suspend accounts, and pursue legal remedies if it discovers resale intent. Fraudulent purchases, including use of fake or stolen cards, may be reported to law enforcement.

If a Product is listed at an incorrect price because of a typographical or supplier error, Happy Point may refuse or cancel the order, whether or not it was confirmed or paid. If you already paid, Happy Point will credit your payment method. Inventory shown as in stock can change before an order is processed. If an item is unavailable, we will email you. If a backordered item is no longer available, we will cancel the order, notify you, and refund you.

To ask about returning Happy Point Nonprescription Products, email business@happypoint.me. Prescription Medications are not eligible for return or refund.

If you request Prescription Medication, you must complete the medical intake Form. Happy Point will submit it to a participating Healthcare Provider for a telehealth visit. If that provider determines a prescription is appropriate, the order will be processed. Happy Point does not itself offer Telemedicine Services and cannot issue a prescription. The Healthcare Provider sets the terms of any prescription. Happy Point is not liable for medical services or medications offered by Healthcare Providers through the Telemedicine Services.

Content is compiled by Happy Point and by third-party providers. Happy Point does not control third-party Content and is not responsible for its accuracy. Reliance on Content is at your own risk. Content is offered for information only and is subject to the disclosures in this Agreement.

If you post reviews, ratings, comments, or other material (“User Content”), you grant Happy Point a perpetual, irrevocable, worldwide license to make it available through the Site Offerings and to use it in marketing. You represent that you have the rights to do so. Happy Point may remove User Content at any time and does not undertake to monitor it.

You agree not to post others’ private contact details; post obscene material; impersonate anyone; stalk or harass; send spam or commercial solicitations; imply that Happy Point endorses your statements; harvest personal information; scrape the Site; post others’ intellectual property without permission; remove proprietary notices; disrupt the Site; transmit malware; offer illegal software; frame or mirror the Site; or reverse engineer the Site Offerings. Doing so is a breach and may result in immediate termination and legal action.

Social Media Pages are hosted by third parties and governed by their terms. Happy Point is not liable for your use of those pages or websites.

You represent that any Product purchase is for personal use and not for resale; that the Agreement is binding; that you have independently evaluated the Site Offerings; that the information you provide is true, accurate, and complete; and that performing the Agreement does not conflict with law, a court order, or another agreement.

You agree to indemnify and hold harmless Happy Point, its officers, directors, employees, agents, and attorneys, and the Covered Parties, from claims and expenses (including reasonable attorneys’ fees) arising from a dispute between you and a Healthcare Provider or other third party, your breach of the Agreement, or your unauthorized or improper use of the Site Offerings. Those parties may enforce this section themselves.

You receive a non-exclusive, non-transferable, revocable, limited license to access and use the Site Offerings for personal, non-commercial use. Happy Point may terminate the license at any time. You may not copy, scrape, modify, reverse engineer, or commercially exploit the Site Offerings except as Happy Point expressly permits. Happy Point reserves all rights not granted.

The Site Offerings, including their organization, graphics, design, and software, are protected by copyright, trademark, and other proprietary rights. The BeeWell name and logo, and associated graphics and service names, are trademarks of Happy Point Inc. You may not use a trademark without the owner’s written consent.

Any attempt to damage, tamper with, or interfere with the Site Offerings violates criminal and civil law. Happy Point will pursue available remedies.

The Site Offerings and the other products and services offered through them are provided “as is” and “as available.” All warranties, express and implied, are disclaimed to the fullest extent permitted by law, including warranties of merchantability, non-infringement, and fitness for a particular purpose. Happy Point does not warrant that the Site Offerings will meet your requirements, be uninterrupted, timely, secure, or error-free, be free of harmful components, result in any specific medical or health outcome, or be accurate or reliable. No advice from Happy Point creates a warranty not stated in the Agreement.

To the fullest extent permitted by law, Happy Point is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill, use, or data, arising from use of or inability to use the Site Offerings, substitute goods, disputes with third parties, unauthorized access to Registration Data, failure to realize a medical outcome, or any other matter relating to the Site Offerings. This applies to all causes of action in the aggregate, including contract, warranty, negligence, strict liability, misrepresentation, and other torts. If applicable law does not permit these limitations, Happy Point’s maximum liability to any user is five hundred dollars ($500.00). No action arising out of the Site Offerings may be brought more than one (1) year after the event giving rise to the claim. Some jurisdictions do not allow certain limitations, and in those jurisdictions liability is limited to the maximum extent permitted by law.

Links to third-party websites, including Social Media Websites, are not endorsements. Happy Point is not responsible for those sites, their content, or their privacy practices.

Happy Point may terminate the account of a user who infringes third-party copyrights. A copyright notice should include: (a) the signature of a person authorized to act for the owner; (b) identification and location of the work claimed to be infringed; (c) a statement of good-faith belief that the use is not authorized; (d) the sender’s name and contact information; and (e) a statement, under penalty of perjury, that the notice is accurate and that the sender is the owner or is authorized to act for the owner. Send notices to business@happypoint.me.

Happy Point may edit or delete documents, information, or Content on the Site. Material you submit, including Registration Data, is subject to the Privacy Policy.

The Agreement is treated as though executed and performed in New York, NY, and is governed by the laws of the State of New York, without regard to conflict-of-law principles. The parties agree to arbitrate all claims that may arise under the Agreement. Disputes, including disputes involving Covered Parties, will be resolved by arbitration before the American Arbitration Association (“AAA”) in New York, NY, under the AAA’s then current Commercial Arbitration Rules, unless a smaller claim proceeds in your county of residence as described below.

Start a formal dispute by emailing an initial dispute notice to business@happypoint.me. Happy Point may provide a final written settlement offer. If you do not accept it, submit the dispute to the AAA. For claims of ten thousand dollars ($10,000.00) or less, you may choose whether arbitration proceeds in person, by telephone, or on submissions. If the arbitrator awards more than our final settlement offer, we will pay the filing, administration, and arbitrator fees, and we will reimburse reasonable attorneys’ fees your attorney incurred for the arbitration. Any award is final. We will not seek attorneys’ fees from you unless the arbitrator finds your claim frivolous.

To the extent permitted by law, you will not bring, join, or participate in any class action against the Covered Parties. You agree to injunctive relief to stop such a lawsuit or to remove you from it, and to pay the attorneys’ fees and costs incurred in seeking that relief. This class-action restriction does not waive your right to pursue an individual claim in arbitration, and it is an independent agreement. You may opt out of these dispute resolution provisions by emailing written notice to business@happypoint.me within thirty (30) days of the date you first access the Site.

Under Cal. Civ. Code Sec. 1789.3, California residents may file grievances with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; by phone at 916-445-1254 or 800-952-5210; or by email at dca@dca.ca.gov.

Proposition 65 requires warnings when California consumers might be exposed to chemicals identified as causing cancer or reproductive toxicity. The California Office of Environmental Health Hazard Assessment publishes the listed chemicals. Background on the warnings is available at p65warnings.ca.gov. The law and regulations are posted at oehha.ca.gov.

If anything associated with the Site Offerings conflicts with the Agreement, the Agreement controls. Failure to enforce a provision is not a waiver. The Agreement does not create an agency or partnership. If part of the Agreement is invalid, the remainder stays in effect. Happy Point may assign the Agreement. You may not assign it or delegate your duties. Headings are for reference only.

Questions about the Agreement, the Site Offerings, or Happy Point’s practices may be sent to business@happypoint.me.

We use SMS to tell you about product offerings and when we need additional information. Wireless carriers are not liable for delayed or undelivered messages. Message and data rates may apply. For help, email business@happypoint.me. You may opt out by texting STOP. Text alerts are delivered up to one message per day. We will not share, rent, or sell your personal information to other companies or individuals unless we have your consent. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text-message opt-in data and consent will not be shared with any third parties.

Happy Point may offer promotional credits. To use them you must have a valid Happy Point account with a valid payment method and meet the offer’s eligibility criteria. A credit is issued only after a successful purchase that results in a written prescription, where the offer requires that. Credits may be limited in time and may expire. They are void where prohibited and void in cases of fraud, mistake, or misrepresentation. Happy Point may modify or end an offer at any time. Offers are limited to one per customer and can be redeemed only for Happy Point over-the-counter products that do not require a prescription or a subscription and that are available in the member portal. Redeem credits by emailing business@happypoint.me. Credits are non-transferable, non-refundable, and cannot be redeemed for cash. They may not be combined with other offers, and products purchased with credits cannot be returned. If a purchase costs more than the credit, you pay the balance, including shipping, handling, and tax. Happy Point does not guarantee inventory and is not responsible for losses arising from use of promotional credits. Continued use of a credit after these terms change is acceptance of the change.