Terms of service

Last updated: June 2, 2026

These Terms and Conditions (“Terms”) govern your access to and use of the thirdavenue.com website (the “Site”), operated by Third Ave, LLC, a Delaware limited liability company doing business as “Third Avenue”, and/or its subsidiaries and affiliates (collectively, “Third Avenue,” “Company,” “we,” “us,” or “our”).

BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND TO COMPLY WITH THESE TERMS. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

Your access to and use of the Site, any part of it, and anything associated with it — including its content (“Content”), any products or services provided through the Site or otherwise by Third Avenue, and any affiliated website, software, or application owned or operated by Third Avenue (collectively, including the Site and the Content, the “Services”) — are governed by these Terms (also referred to as this “Agreement”).

We may update these Terms from time to time. Please review them each time you access or use the Site. If we make material changes, we will post the revised Terms on the Site and note the revised effective date. Your continued access to or use of the Site after the effective date constitutes your acceptance of the revised Terms.

Product descriptions, specifications, and prices are provided on the Site and may change without notice. Full payment is required before any product or service is delivered.

Your personal information will be used and protected in accordance with our Privacy Policy (www.thirdavenue.com/policies/privacy).

These are not the only terms governing your use of the Site. By using the Site, you also agree to any other terms, conditions, releases, notices, or materials we post in connection with your use of the Site. In this Agreement, “you” and “your” refer to the person using the Services.

Acceptance of Terms

Your access to and use of the Services is subject to this Agreement and all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are prohibited from visiting, accessing, registering with, or using the Services, except as necessary to review this Agreement. The Services are continually under development, and we reserve the right to revise or remove any part of this Agreement or the Services at any time, in our sole discretion, without prior notice. Any changes are effective upon posting to the Site. If you disagree with this Agreement, your sole remedy is to discontinue your use of the Services. Your continued use after a change has been posted constitutes your acceptance of the modified Agreement.

Information You Provide

You agree that all information you provide to us or post on the Site will be true, accurate, current, and complete, and that you have the legal right to provide it and that it does not violate any third party’s intellectual property or privacy rights. By providing any information or material, you grant Third Avenue an unrestricted, irrevocable, worldwide, non-exclusive license to use, reproduce, display, perform, modify, transmit, and distribute it for purposes associated with the Site as described in this Agreement.

You agree that we may collect and use technical data and related information, including technical information about the device, system, and application software you use to access the Site, as well as information about your activities on the Site (such as the duration and frequency of usage sessions, browsing history, links clicked, and navigation path). We use this information to maintain and improve the Services and to provide support and other products and services. More information about the data we collect and how we use it can be found in our Privacy Policy (www.thirdavenue.com/policies/privacy).

No Insurance Accepted

Third Avenue and its affiliated provider practices do not accept commercial health insurance plans, are not in-network with any commercial health insurance plans, and are not enrolled with federal or state health care programs such as Medicare, Medicaid, or TRICARE. By using the Services, you are specifically choosing to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state health care program. You are solely responsible for the costs of any services or products provided to you, and you agree not to submit a claim for reimbursement under any Health Savings Account or Flexible Spending Account except as expressly permitted by your plan and applicable law. If you are a federal health program beneficiary, you agree that neither you nor Third Avenue, the Medical Group, the Providers, or the Pharmacy will submit a claim for reimbursement to any federal or state health care program for the services and products provided to you through the Services.

Your Relationship with Us

THIRD AVENUE IS NOT A HEALTHCARE PROVIDER AND DOES NOT PRACTICE MEDICINE OR DIRECTLY PROVIDE PHARMACY SERVICES. Third Avenue provides a technology platform that allows individuals who register as users of the Services (“Users”) to access certain products and services offered by independent, third-party medical providers, pharmacies, and other vendors. The Services provide access to one or more independent, third-party medical groups that provide healthcare services through Stealth Health, a management services organization whose website is available at https://stealth.health (the "Medical Group"). The Medical Group employs or contracts with physicians and other licensed professionals who offer healthcare services through the Services (“Providers”). The Services also provide access to prescription fulfillment offered by an independent, third-party pharmacy, Strive Pharmacy (the “Pharmacy,” and together with the Providers and the Medical Group, the “Third-Party Providers”).

You agree and understand that your prescription(s) may be filled by the Pharmacy, and you agree that the Services may submit them on your behalf. By accepting this Agreement, you acknowledge that any services you receive from the Pharmacy, the Medical Group, or the Providers through the Site are also subject to this Agreement, and that they are third-party beneficiaries of this Agreement.

We do not control or interfere with the practice of medicine by the Medical Group or any Provider, each of whom is solely responsible for the medical care and treatment they provide to you. By accepting this Agreement, you acknowledge that Third Avenue is not a healthcare provider and that, by using the Services, you are not entering into a doctor-patient or other provider-patient relationship with Third Avenue. You may, however, be entering into such a relationship with the Medical Group and/or one or more Providers. We likewise do not control or interfere with any professional services provided by the Pharmacy, which is solely responsible for the professional services it renders through the Services.

By accepting this Agreement, you acknowledge that the Medical Group and/or Providers may send you messages, reports, and emails through the Services regarding your diagnosis and/or treatment. You understand that Third Avenue is not responsible for the security or privacy of communications services you use to receive these messages, and that it is your sole responsibility to monitor and respond to them. Neither Third Avenue, the Medical Group, nor any Provider will be liable for any loss, injury, or claim arising from your failure to read or respond to these messages or to comply with treatment recommendations or instructions.

While you are not establishing a provider-patient relationship with Third Avenue, by using the Services you are establishing a direct customer relationship with Third Avenue, including for the purchase of any non-prescription products or non-medical services sold directly to you by Third Avenue. In connection with that relationship, you may provide personal information to us, which will be used and protected in accordance with our Privacy Policy (www.thirdavenue.com/policies/privacy).

Notice Regarding Your Financial Responsibility for Services

Third Avenue and the Medical Group are not enrolled with, and are not participating providers with, any federal or state healthcare programs (e.g., Medicare, Medicaid, TRICARE). Neither you nor Third Avenue or the Medical Group may receive payment from such programs for the services or products provided to you. By using the Services, you specifically choose to obtain products and services on a cash basis outside of any federal or state healthcare program, and you have sole financial responsibility for all services and products provided to you. Neither you nor Third Avenue, the Pharmacy, the Medical Group, or the Providers will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services.

Prescriptions

You will not be able to obtain a prescription product unless you complete a consultation with a Provider, the Provider determines that the prescription product is appropriate for you, and the Provider writes a prescription.

If a Provider writes a prescription, you will receive information about your options for filling it. Certain prescriptions can be filled through the Pharmacy using the Site, or you may fill the prescription at a pharmacy of your choice. Some prescriptions are not available through the Pharmacy and must be filled by a local pharmacy of your choice.

If you complete a consultation and fill a prescription through the Pharmacy, the prescription product is shipped to you by the Pharmacy and the associated cost is included in the total charged to you through the Services. If you fill a prescription at a pharmacy other than the Pharmacy, the Services will send the prescription to your selected pharmacy, but you will be responsible for obtaining the product and paying that pharmacy directly. Prescription products available through the Site are “Third-Party Goods and Services” as described below.

Limited Use and Availability

The Services are currently available only to individuals who are located in states where we offer the Services, who are at least eighteen (18) years of age (or the age of majority in their jurisdiction of residence, if higher), and who have accepted this Agreement. By accessing, registering with, or using the Services, you represent and warrant that: (a) you are at least eighteen (18) years of age, or the age of majority in your jurisdiction of residence, if higher; (b) when you use the Services to consult with a Provider, you are located in the same state as the shipping address in your account at the time of the consultation; (c) you will comply with all applicable laws; and (d) you will use the Services only for lawful purposes. The Services are subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.

In some cases, the Services may not be the most appropriate way for you to communicate with or seek care from a healthcare provider. Certain conditions may require an in-person visit or a provider other than your Provider. In such cases, you may receive notice that you are unable to use the Services for the particular issue you submitted, along with information regarding next steps.

Consent to Use of Telehealth Services

Telehealth involves the delivery of healthcare services using electronic communications and information technology between a healthcare provider and a patient who are not in the same physical location. While telehealth may offer certain benefits, there are also potential risks, and telehealth is not a substitute for in-person care in all cases. To use the Services, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Telehealth Consent”) provided to you through the Services. You agree that Third Avenue is a third-party beneficiary of the Telehealth Consent and has the right to enforce it against you.

Duty to Provide Information, Access, and Connectivity

You are responsible for providing and maintaining, at your own risk, option, and expense, the software and hardware needed to use the Services, including a computer or mobile device with a camera and Internet access. You are solely responsible for any fees you incur in accessing the Services, including Internet or mobile fees. You also have a duty to provide truthful, accurate, and complete information in any forms or communications you submit through the Services. We reserve the right to change the access configuration of the Services at any time without prior notice.

Privacy Policy

We understand the importance of confidentiality and privacy regarding your personal information. Please review our Privacy Policy (www.thirdavenue.com/policies/privacy) for a description of how we may collect, use, and disclose your personal information.

Protected Health Information

When you set up an account with Third Avenue, you create a direct customer relationship with us that enables you to access the Services. As part of that relationship, you provide information such as your name, email address, shipping address, and phone number, which we may collect, use, and disclose in accordance with our Privacy Policy and which we do not consider to be “health” or “medical” information.

However, in using certain components of the Services, you may provide medical information that may be protected under applicable laws. Third Avenue is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996 and its related regulations (“HIPAA”). Third Avenue may in some cases be a “business associate” of a Pharmacy or Medical Group. HIPAA does not necessarily apply to an entity simply because health information is involved, and HIPAA may not apply to your transactions or communications with Third Avenue, the Medical Group, the Providers, or the Pharmacy. To the extent Third Avenue is deemed a business associate, and solely in that role, it may be subject to certain HIPAA provisions with respect to “protected health information” (“PHI”) that you provide to the Pharmacy or Medical Group. Any medical or health information subject to specific protections under applicable state laws (collectively with PHI, “Protected Information”) will be used and disclosed only in accordance with such laws. Information that does not constitute Protected Information may be used or disclosed as permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.

The Medical Group and Providers have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Information. By accessing or using any part of the Services, you acknowledge receipt of the Notice of Privacy Practices from the Medical Group and Provider(s).

Registration; User Accounts, Passwords, and Security

You may be required to register and create a profile in order to access certain Services. Information you provide to register and set up an account — including name, username, email address, shipping address, and phone number — is not considered Protected Information for purposes of the section above. You agree to maintain and update your information so that it remains accurate. If you do not keep your information current, or if you fail to submit truthful, accurate, and complete information (or we have reasonable grounds to suspect as much), we may suspend or terminate your account and your use of the Services. You agree to immediately notify us of any unauthorized use of your username or password or any other breach of security, to keep your username and password confidential, and to log out at the end of each session. We disclaim liability for any losses arising from your failure to comply with this section. You may not use anyone else’s account at any time.

To help protect the information you transmit through the Services, we use encryption technology (such as Secure Sockets Layer (SSL) or similar) where personally identifiable information is requested, and we take steps to protect User data against unauthorized access. However, the Services run on software, hardware, and networks that may from time to time require maintenance or experience problems or breaches of security beyond our control. Persons with access to your device may be able to access the Services and information about you. It is your responsibility to log out when not actively using your account, to secure your devices, and to protect the confidentiality of your username and password.

You acknowledge that transmission of information over the Internet and mobile networks is never completely private or secure, and that messages you send or receive may be intercepted by others. If you send or receive information about your health or other sensitive information, you do so at your own risk. You are prohibited from violating, or attempting to violate, the security of the Services, and any such violations may result in criminal and/or civil penalties. We may investigate suspected violations and cooperate with law enforcement.

Digital Millennium Copyright Act Notice

Third Avenue respects the intellectual property rights of others, and Users are expected to do the same. We will investigate reports of alleged infringement and take appropriate action to remove or disable access to material found likely to be infringing.

If you believe the Site infringes your copyright, please provide the following:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that has allegedly been infringed;
A description of the copyrighted work you believe has been infringed;
The specific location on the Site of the allegedly infringing material;
Your address, telephone number, and email address, and any other information sufficient to allow us to contact you;
A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
The following statement: “I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”

Notices of claimed copyright infringement should be directed to: Third Ave, LLC, 131 Continental Dr, Suite 305, Newark, DE 19713, or by email at support@thirdavenue.com with the subject line “Copyright.”

Use and Ownership of the Services

Subject to this Agreement, Third Avenue grants you a personal, revocable, non-transferable, non-exclusive, limited license to access and use the Site only for your personal and internal business purposes and strictly in accordance with these Terms and any rules or guidelines posted on the Site. All rights not expressly granted in these Terms are reserved for Third Avenue.

Your use of the Site is limited to: (1) receiving information about our company, Site, products, services, and business activities; (2) accessing the Site; (3) collecting and sharing your information with us; and (4) purchasing products or services. You may access, download, and print Site materials only as necessary to transact business with Third Avenue, and you must retain all notices, trademarks, and other markings.

You agree that you will not engage in conduct or communications that: (a) are obscene, fraudulent, indecent, defamatory, abusive, harassing, or threatening, or that negatively impact others’ ability to use the Site; (b) contain viruses, malware, worms, time bombs, or other harmful components; (c) advocate or encourage illegal activity; (d) infringe the intellectual property or proprietary rights of any third party; (e) violate the privacy of individuals, including other Users; (f) affect the operation, access, or usability of the Site for other authorized users; (g) violate any applicable law; or (h) violate any posted rules of the Site. You also agree that you will not: (i) attempt to gain unauthorized access to any portion of the Site or our systems by hacking, password “mining,” or other illegitimate means; (j) access, copy, monitor, circumvent, or create derivative works from any portion of the Site or our systems to obtain Content not purposely made available through the Site; or (k) sell, share, provide access to, license, or distribute any such Content. We reserve the right to bar any such activities in our sole discretion.

Except where expressly permitted, you may not rent, lease, lend, sell, redistribute, or license the Content or the Site, and you may not copy, adapt, distribute, reverse engineer, modify, or create derivative works of the Site except as expressly permitted. We may make improvements or changes to, or discontinue, the Site at any time in our sole discretion. We make no representation that the Site is appropriate or available for use in any particular location, and we may change, suspend, remove, or disable your access to the Site at any time without notice and for any reason. In no event will we be liable for the removal or disabling of access to the Site.

License to Information Submitted via the Services

Subject to limitations on Protected Information, any information you transmit to Third Avenue through the Services — whether by direct entry, submission, email, or otherwise, including data, questions, comments, or suggestions (collectively, “Submissions”) — will, to the extent permitted by law, be treated as non-confidential and non-proprietary. Subject to applicable account settings you select, you grant Third Avenue a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display your Submissions for the purposes of operating and providing the Services. You are responsible for all Submissions you provide. If a Submission contains Protected Information, our rights with respect to its use or disclosure will be limited to the extent required under applicable law.

Prohibited Use

You are prohibited from using or attempting to use the Services: (i) for any unlawful, unauthorized, fraudulent, or malicious purpose; (ii) in any manner that could damage, disable, overburden, or impair any server or network; (iii) in any manner that interferes with another party’s use of the Services; (iv) to gain unauthorized access to accounts, computer systems, or networks; (v) to access systems, data, or information not intended to be accessible to a User; (vi) to obtain materials or information through means not intentionally made available; (vii) to reverse engineer, disassemble, or decompile any portion of the Services; or (viii) for any purpose other than the business purpose for which the Services are intended.

You further agree not to: upload or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable; create a false identity or duplicate accounts, or impersonate any person or entity; upload material you do not have a right to reproduce or transmit; upload files containing viruses or other harmful software; delete author attributions or legal notices; use the Services’ communication features in a manner that adversely affects other users; transmit unsolicited advertising, “spam,” chain letters, or phishing; violate any applicable law; infringe any intellectual property right; manipulate the Services using framing or mirroring; probe, scan, or test the vulnerability of the Services; harvest information about others; or use any robot, spider, scraper, or other automated means to access the Services or copy any content. We reserve the right to take any lawful action we deem appropriate in response to actual or suspected violations, including suspension or termination of a User’s access and/or account, and we may cooperate with legal authorities in any investigation.

Third-Party Goods and Services

Parties other than Third Avenue, including the Pharmacy, the Medical Group, and the Providers, provide services or sell products through the Services (collectively, “Third Parties”), and Third Avenue may also make available for purchase certain services, devices, items, or products manufactured, distributed, or sold by Third Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and Services, and your interactions with Third Parties — including payment, delivery, warranties, and representations — are solely between you and such Third Parties. You should make whatever investigation you feel necessary before proceeding with any transaction involving Third Parties.

You agree that Third Avenue is not responsible or liable for any loss or damage incurred as a result of your use of the Services, including any Third-Party Goods and Services or your interactions with any Third Parties. In the event of any dispute between you and any Third Party or other User, you understand that Third Avenue is under no obligation to become involved, and you release and indemnify Third Avenue and its contractors, directors, officers, employees, representatives, partners, shareholders, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Third Avenue Parties”) from any and all claims, demands, and damages arising out of or related to such disputes or the Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Terms of Sale

In the event of an error, we reserve the right to correct it and revise your order accordingly (including charging the correct price), or to cancel the order and refund any amount charged.

If you are not satisfied with a product or service, you may request a refund or replacement by contacting us at support@thirdavenue.com. We may require you to return the product at your expense and/or submit photos explaining your dissatisfaction.

You should inspect all products upon delivery. If a product you receive is damaged, you must report it to us within seven (7) days to be eligible for a replacement. Returns are accepted within 30 days of delivery. Shipping and handling costs are your responsibility.

After placing an order, you may have a limited time to cancel it before it ships. If cancellation is still possible, a cancellation option will be available on your order details page. Once an order has progressed too far, it cannot be canceled before shipping.

Only valid payment methods acceptable to us may be used to complete a purchase. You represent that you are authorized to use your designated payment method, and you authorize us to charge it for the total amount of your order (including applicable taxes and shipping and handling charges). If your payment method is declined, we may attempt to process the charge until it is approved. We and our payment processors may request and receive updated payment card information from your card issuer, and you agree we may update your account accordingly and use such information for future purchases and applicable subscription charges. We are not responsible for any fees your bank or card issuer may apply.

If any products in your order are unavailable, we will charge only for the products included in the shipment. In connection with any purchase, you may be asked to provide information relevant to the transaction, including your payment card number, billing address, shipping address, phone number, and/or email address. By submitting this information, you grant us the right to provide it (and any updates) to third parties (e.g., payment processors) for the purpose of facilitating the transaction.

Credit card, debit card, and other monetary transactions on or through the Services are processed by a secure third-party payment processor, Stripe (“Payment Vendor”). The Payment Vendor securely stores and manages payment information in accordance with industry security standards. Our relationship with the Payment Vendor is solely contractual; the Payment Vendor functions independently as a third-party vendor without direction or control from Third Avenue, and this relationship should not be interpreted as fiduciary, agency, employment, partnership, or joint venture.

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to change shipping and handling charges from time to time, but will provide notice of changes applicable to you before you make your purchase. Any delivery dates or times shown are estimates only and are not guaranteed. Unless we state otherwise in writing, risk of loss or damage passes to you upon delivery of the product to our designated carrier. We reserve the right to resolve User issues and concerns on a case-by-case basis in our sole discretion.

Term and Termination

This Agreement commences on the date you accept it by using the Site and continues until terminated. You may terminate your use of the Site without cause at any time.

Third Avenue may terminate your use of the Services at any time and for any reason without notice, including for conduct violating this Agreement, if any agreement between Third Avenue and the Medical Group or Pharmacy terminates, or if we discontinue the Services. The provisions of this Agreement concerning security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity, and jurisdictional issues survive any termination. If your use of the Services is terminated, you agree not to attempt to use the Services under any name, and you agree to indemnify and hold the Third Avenue Parties harmless from any liability arising from a violation of this restriction.

Except as otherwise provided in the Privacy Policy or as required by applicable law (including any obligation to provide access to health records), we have no obligation, before or after termination, to return or provide to you or any third party any Content or information relating to you.

UPON TERMINATION OF YOUR ACCESS TO OR USE OF THE SITE, ANY INFORMATION STORED ON THE SITE MAY NOT BE ACCESSIBLE THROUGH THE SITE.

Disclaimers

The information provided through the Services does not constitute medical advice and is provided for informational purposes only. The Services are not a substitute for professional medical advice and should not be relied upon to make medical decisions. Please discuss the risks and benefits of any treatment with your primary physician before using any products or services or beginning any treatment. Results may vary from person to person and are not guaranteed. Users relying on Content or other information from the Services do so at their own risk.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. THIRD AVENUE AND EACH THIRD PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICES, INCLUDING THE MEDICAL GROUP, THE PROVIDERS, AND THE PHARMACY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THIRD AVENUE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE SERVICES, OR THAT THE SERVICES WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCE, OR SECURITY INCIDENTS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THIRD AVENUE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THIRD AVENUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIRD AVENUE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.

ANY CLAIM ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE EVENT GIVING RISE TO SUCH CLAIM OCCURRED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT OUR LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Third Avenue Parties and any Third Parties offering products or services through the Services, including the Medical Group, Providers, and Pharmacy, from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from your use of the Services, your fraud, your violation of law or willful misconduct, any breach by you of this Agreement, or your violation of the rights of any other person or entity. We reserve the right to control the defense of any claim for which we are entitled to indemnification, and you agree to provide reasonable cooperation.

Notices

Any notices to you from Third Avenue regarding the Services or this Agreement may be made by email, a posted notice on the Services, or regular mail, in our sole discretion.

Electronic Communications

When you access or use the Services or send emails or SMS messages to us, the Medical Group, or the Providers, you are communicating electronically and consent to receive communications from us, the Medical Group, and the Providers electronically, via email, SMS messaging, or through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing, and that notices provided electronically are deemed given and received on the date we transmit them.

Entire Agreement

This Agreement, together with any other agreements we post on the Services or that you and Third Avenue execute from time to time, constitutes the entire agreement between you and Third Avenue regarding your use of the Services and supersedes any prior agreements, including prior versions of this Agreement.

Binding Arbitration / Class Waiver

YOU AND WE EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE, OR CONTROVERSY BETWEEN YOU AND US OR ANY OF THE THIRD AVENUE PARTIES, MEDICAL GROUP, PROVIDERS, OR PHARMACY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THE SITE, THE CONTENT, OR ANY GOODS, SERVICES, OR ADVERTISING (COLLECTIVELY, “DISPUTES”), THAT IS NOT RESOLVED BY AN INFORMAL DISPUTE RESOLUTION CONFERENCE (DESCRIBED BELOW), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN COURT. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S CONSUMER ARBITRATION RULES AND, IF APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO PROCEED IN COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

In the event a Dispute arises, the parties agree to first attempt to resolve it informally. Before either party commences arbitration (or initiates a small claims action), the parties will meet and confer by telephone or videoconference in a good-faith effort to resolve the Dispute (an “Informal Dispute Resolution Conference”). The party initiating a Dispute must give written notice of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless extended by mutual agreement. Notice to us should be sent by email to support@thirdavenue.com or by regular mail to 131 Continental Dr, Suite 305, Newark, DE 19713. The Notice must include: (1) your name, telephone number, mailing address, and the email address associated with your account; (2) the name and contact information of your counsel, if any; and (3) a description of your Dispute.

If the parties are unable to resolve a Dispute within thirty (30) days after the Informal Dispute Resolution Conference, either party may commence arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited; however, an arbitrator can award the same damages and relief on an individual basis that a court could. Payment of arbitration costs will be governed by the AAA’s fee schedule, and each party agrees to pay its own attorneys’ fees and expenses unless a governing statute requires otherwise.

The arbitration shall be conducted in Wilmington, Delaware, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. These Terms evidence a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this arbitration agreement. For more information about the AAA, its rules and procedures, and how to file a claim, you may call the AAA at 800-778-7879 or visit https://www.adr.org.

Notwithstanding the foregoing, to the extent a Dispute arises from (a) a violation of either party’s intellectual property rights, or (b) a claim related to theft, piracy, unauthorized use, or a violation of the Computer Fraud and Abuse Act, either party may seek injunctive or other urgent relief in a state or federal court located in Wilmington, Delaware, and both parties consent to the personal jurisdiction of such courts. In addition, either party may bring an individual action in small claims court for Disputes within that court’s jurisdiction.

YOU AND WE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY. ALL DISPUTES SUBJECT TO ARBITRATION MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a court decides, in a final decision not subject to appeal, that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then that claim or request for relief (and only that one) shall be severed and may be brought exclusively in the state or federal courts located in Wilmington, Delaware, and all other claims shall be arbitrated.

You may opt out of this arbitration agreement within thirty (30) days of the date you first agree to any version of this Agreement that requires arbitration. To opt out, send your name, residence address, and email address, together with a clear statement that you want to opt out of the requirement to arbitrate disputes, to 131 Continental Dr, Suite 305, Newark, DE 19713, ATTN: Arbitration Opt-Out, or by email to support@thirdavenue.com with the subject line “Arbitration Opt-Out.” Opting out has no effect on any other arbitration agreements you may have with us. If any part of this arbitration agreement is found to be invalid or unenforceable, that specific part shall be severed and the remainder shall continue in full force and effect.

Governing Law; Venue; Severability

The Services are controlled and operated by Third Avenue from the State of Delaware. Those who access the Services from other locations do so on their own initiative and are responsible for compliance with local laws. The validity, interpretation, construction, and performance of this Agreement will be governed by the laws of the State of Delaware, without regard to its conflict-of-law provisions.

All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision will not constitute a waiver of that right. If any part of this Agreement cannot be enforced as written, it will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law, and the invalidity of any part will not affect the validity of the remaining provisions. Section headings are for convenience only and have no legal effect.

No Agency Relationship

Neither this Agreement nor any Content, materials, or features of the Services create any partnership, joint venture, employment, or other agency relationship between you and Third Avenue, the Medical Group, the Providers, or the Pharmacy. You may not enter into any contract on our behalf or bind us in any way.

Assignment

You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Third Avenue may, in its sole discretion, assign or transfer this Agreement or any of its rights and obligations, in whole or in part, to any affiliate or to a third party in connection with a merger, sale of assets, or other transaction, without further consent or notice.

Third-Party Beneficiaries

Any use of third-party software or Third-Party Goods and Services accessed in connection with the Services will be governed by the applicable third party’s license or terms of use, if any. Except as otherwise specifically set forth in this Agreement — including the indemnification obligations in favor of Third Avenue, the Medical Group, the Pharmacy, and the Providers, and the agreement to arbitrate — the parties do not intend to create any third-party beneficiary rights, and no third party shall have any right to enforce any provision of this Agreement.

Contacting Us

If you have any questions or concerns about this Agreement, please contact us at support@thirdavenue.com or by writing to Third Ave, LLC, 131 Continental Dr, Suite 305, Newark, DE 19713. We will attempt to respond promptly after we receive your inquiry.