Terms of service

Last updated: August 21, 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” (“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, availability, and prices are provided on the Site and may change without notice. Payment may be collected before clinical review, as explained in the “Terms of Sale” section below. Payment does not guarantee that a prescription will be issued or that any particular treatment will be determined medically appropriate.

Your Personal Information will be handled in accordance with our Privacy Policy and, where applicable, our Consumer Health Data Privacy Policy.

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, consents, or policies presented in connection with the Services, including any applicable Telehealth Consent, Notice of Privacy Practices, and Refund, Cancellation, Return and Replacement Policy. 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 through the Site will be true, accurate, current, and complete, that you have the legal right to provide it, and that providing it does not violate any third party’s intellectual-property or privacy rights. You authorize Third Avenue to use, reproduce, transmit, and otherwise process information you provide only as reasonably necessary to operate, administer, secure, and improve the Services; process transactions; provide customer support; comply with law; and carry out the other purposes described in our Privacy Policy and Consumer Health Data Privacy Policy. This authorization does not grant Third Avenue ownership of your clinical records or permit public use or display of your private communications, Personal Information, Consumer Health Data, or Protected Health Information.

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 as described in our Privacy Policy, including to maintain, secure, and improve the Services and provide support. We do not authorize advertising or analytics technologies to collect clinical-intake content, medical records, or Consumer Health Data for targeted advertising.

Cash-Pay Services; No Insurance Billing

The Services are offered on a cash-pay basis. Third Avenue does not submit claims to commercial health plans or federal or state healthcare programs, including Medicare, Medicaid, or TRICARE, for products or services purchased through the Services. The independent Medical Group, Providers, and Dispensing Pharmacies described below likewise will not submit claims for products or services purchased through the Services unless you are expressly informed otherwise in writing before receiving the applicable product or service.

You are solely responsible for all charges associated with the Services. Third Avenue does not represent or guarantee that any charge will be eligible for reimbursement under an insurance policy, Health Savings Account, Flexible Spending Account, or other benefit arrangement. You should consult the applicable plan administrator before seeking reimbursement and must comply with the terms of your plan and applicable law.

Your Relationship with Us

THIRD AVENUE IS NOT A HEALTHCARE PROVIDER OR PHARMACY, DOES NOT PRACTICE MEDICINE, AND DOES NOT MAKE DECISIONS CONCERNING DIAGNOSIS, TREATMENT, PRESCRIBING, MEDICAL NECESSITY, OR DISPENSING. Third Avenue is a nonclinical administrative and technology company that enables individuals who register as users of the Services (“Users”) to request access to products and services offered by independent healthcare providers, pharmacies, and other vendors.

Healthcare services available through the Services are provided by MDI Medical Group PC and, where applicable, its affiliated professional entities (collectively, the “Medical Group”). The Medical Group employs or contracts with physicians and other independently licensed professionals who provide healthcare services (“Providers”). Prescription fulfillment is performed by one or more independent licensed dispensing pharmacies selected based on the prescription, the patient’s location, product availability, and other operational or legal considerations (collectively, “Dispensing Pharmacies”). The Medical Group, Providers, and Dispensing Pharmacies are collectively referred to as the “Third-Party Providers.” No specific Dispensing Pharmacy is guaranteed, and the Dispensing Pharmacy used for an order may change.

You understand that a prescription may be transmitted to and filled by a Dispensing Pharmacy. Third Avenue may facilitate administrative routing or transmission at the direction of the Medical Group or a Provider but does not write, alter, authorize, or dispense prescriptions. Healthcare and pharmacy services are also subject to any separate terms, notices, consents, and privacy practices provided by the applicable Third-Party Provider. The Third-Party Providers may enforce provisions of this Agreement that expressly confer rights or protections on them.

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 provided to you. By using the Services, you do not enter into a doctor-patient or other provider-patient relationship with Third Avenue. A provider-patient relationship may be established with the Medical Group and/or a Provider only as determined by the applicable Provider and applicable law. We likewise do not control or interfere with professional pharmacy services. Each Dispensing Pharmacy is solely responsible for its dispensing decisions and professional services.

The Medical Group and Providers may send you messages, reports, and emails through the Services or a separate clinical platform regarding your care. You are responsible for monitoring communications sent to the contact information you provide and for following applicable treatment instructions. You should use the secure communication channels designated by the Medical Group or Provider for clinical communications and should not send clinical information through an ordinary customer-support channel unless instructed to do so.

While you are not establishing a provider-patient relationship with Third Avenue, you are establishing a direct commercial and administrative relationship with Third Avenue. In connection with that relationship, you may provide Personal Information to us, which will be handled in accordance with our Privacy Policy and Consumer Health Data Privacy Policy.

Notice Regarding Your Financial Responsibility for Services

By using the Services, you choose to obtain the applicable products and services on a cash-pay basis and accept sole financial responsibility for the charges disclosed to you. Unless you are expressly informed otherwise in writing before receiving a product or service, neither Third Avenue nor the applicable Medical Group, Provider, or Dispensing Pharmacy will submit a claim to a commercial health plan or federal or state healthcare program for the products or services purchased through the Services. You remain responsible for determining whether you may independently seek reimbursement and for complying with applicable plan requirements and law.

Prescriptions

You will not be able to obtain a prescription product unless you complete all required intake and consultation activities, a Provider independently determines that the prescription product is medically appropriate for you, and the Provider issues a valid prescription. Payment, completion of an intake form, prior use of a medication, or a product selection does not guarantee that a prescription will be issued.

If a Provider issues a prescription, it may be transmitted to a Dispensing Pharmacy that is able to dispense and ship the prescribed product in your state. Where available and permitted by law, you may request that a prescription be sent or transferred to another pharmacy, but pricing, availability, formulation, shipping, and program services may differ, and certain products may not be available from another pharmacy.

If a prescription is filled through a Dispensing Pharmacy participating in the Services, the prescription product will be dispensed and shipped by that Dispensing Pharmacy, and the associated cost may be included in the total charged through the Services. If a prescription is sent to a pharmacy outside the Services, 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.

Prescribing and dispensing are subject to federal and state law. Depending on the medication, your location, and applicable law or professional standards, a Provider may require synchronous audio-video communication, diagnostic testing, an in-person examination, follow-up care, or other information before prescribing or continuing treatment. Third Avenue cannot require a Provider to prescribe a particular product, dosage, formulation, or quantity.

Limited Use and Availability

Third Avenue intends to make Services available to eligible individuals throughout the United States, but not every program, product, Provider, or Dispensing Pharmacy is available in every state. Availability depends on applicable law, professional licensure, clinical appropriateness, pharmacy authority, product availability, and operational capability and may change without notice.

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) you will accurately disclose your physical location at the time healthcare services are provided; (c) your shipping and account information is accurate and current; (d) you will comply with all applicable laws; and (e) you will use the Services only for lawful purposes. A Provider must be licensed or otherwise legally authorized to provide care in the state where you are physically located at the time of the encounter.

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. Telehealth may improve convenience and access but also presents potential limitations and risks, including technical failures, interruptions, unauthorized access, limitations on a Provider’s ability to conduct a physical examination, delays in care, and the possibility that information available through telehealth will be insufficient for diagnosis or treatment.

Before receiving telehealth services, you will be required to review and agree to a Telehealth Consent provided by the Medical Group or Provider. State-specific notices, disclosures, or consent language may be presented based on your location, and those state-specific terms will control to the extent they conflict with a more general consent. You may withdraw consent to future telehealth services as provided in the applicable Telehealth Consent, but withdrawal will not affect services already provided and may prevent continued treatment through the Services.

Telehealth is not appropriate for every condition and is not an emergency service. If you believe you are experiencing a medical emergency, call 911 or seek immediate in-person emergency care. Third Avenue does not provide emergency medical services and does not monitor communications for emergencies.

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 for a description of how Third Avenue collects, uses, discloses, and protects Personal Information. Our separate Consumer Health Data Privacy Policy provides additional disclosures and rights concerning Consumer Health Data under applicable state law. Clinical and dispensing records maintained by the Medical Group, Providers, and Dispensing Pharmacies are governed by the applicable entity’s Notice of Privacy Practices and other privacy notices.

Health Information; HIPAA; Consumer Health Data

When you establish an account or purchase through Third Avenue, you create a direct commercial and administrative relationship with Third Avenue. Third Avenue independently collects and maintains information such as account and contact information, payment and subscription information, customer-service communications, website analytics, requested-program information, and limited order, prescription-status, fulfillment, shipment, and delivery information needed to administer the Services. Depending on its context, this information may constitute Personal Information, sensitive Personal Information, or Consumer Health Data under applicable state law.

Third Avenue is not a healthcare provider, health plan, or healthcare clearinghouse and does not act as a HIPAA covered entity merely because it maintains health-related information. “Protected Health Information” or “PHI” has the meaning assigned under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”). Health-related information is not automatically PHI merely because it relates to healthcare; its status depends on, among other things, who creates or receives it and the capacity in which it is maintained.

Clinical-intake information, medical histories, diagnoses, treatment decisions, prescriptions, and medical records are collected and maintained by the Medical Group and Providers through the applicable clinical platform. Dispensing Pharmacies separately maintain prescription and dispensing records. Those entities are responsible for their own HIPAA compliance and privacy practices and will make their applicable Notice of Privacy Practices available to you. You may be asked to acknowledge receipt of the applicable Notice of Privacy Practices when you begin care or use pharmacy services.

Under Third Avenue’s current relationship with MDI Medical Group PC, Third Avenue does not maintain the Medical Group’s designated medical-record set and is not acting as the Medical Group’s business associate with respect to Third Avenue’s independently collected commercial and administrative information. Third Avenue may transmit information at your direction to initiate requested services and may receive limited administrative status or fulfillment information needed to operate your account, process payment, provide customer support, and coordinate requested services.

Business-associate status under HIPAA is function-specific. Third Avenue will be treated as a business associate only to the extent it performs a function or service on behalf of a HIPAA covered entity or business associate that involves creating, receiving, maintaining, or transmitting PHI and the relationship is subject to the agreements required by law. Nothing in these Terms characterizes every interaction among Third Avenue, the Medical Group, Providers, Dispensing Pharmacies, or vendors as a business-associate relationship.

Consumer Health Data or other health-related information maintained independently by Third Avenue will be handled in accordance with our Privacy Policy, Consumer Health Data Privacy Policy, and applicable state law. Deidentified information is not PHI or Consumer Health Data to the extent it satisfies the applicable legal standard for deidentification.

Registration; User Accounts, Passwords, and Security

You may be required to register and create a profile to access certain Services. Information you provide to register and establish an account may include your name, username, email address, shipping address, phone number, date of birth, and other information used to verify identity or administer the Services. The legal classification of this information depends on its context and the entity that maintains it; it may constitute Personal Information or Consumer Health Data even if it is not PHI under HIPAA.

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, keep your username and password confidential, and log out at the end of each session. We disclaim liability for losses arising from your failure to comply with this section to the extent permitted by law. You may not use anyone else’s account.

To help protect the information you transmit through the Services, we use encryption technology, such as Secure Sockets Layer or similar technology, 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 security incidents 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, secure your devices, and 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 may be intercepted by others. You should submit clinical information only through the secure clinical channels designated by the Medical Group or Provider. You are prohibited from violating, or attempting to violate, the security of the Services, and any such violations may result in criminal 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 d/b/a THIRD AVENUE, 1925 Lovering Avenue, Wilmington, Delaware 19806, 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 applicable law; or (h) violate 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 such Content. We reserve the right to bar these 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 improve, change, 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 lawful reason. To the fullest extent permitted by law, we will not be liable for the removal or disabling of access to the Site.

License to Information Submitted via the Services

You are responsible for information, materials, questions, comments, and other content you submit through the Services (“Submissions”) and represent that you have the right to provide them. You grant Third Avenue a non-exclusive right to use, reproduce, transmit, modify, and otherwise process Submissions only as reasonably necessary to provide, administer, secure, support, and improve the Services; process transactions; comply with law; and carry out the purposes disclosed in our Privacy Policy and Consumer Health Data Privacy Policy.

The foregoing does not grant Third Avenue ownership of your clinical records or the right to publicly display your private communications, Personal Information, Consumer Health Data, or PHI. If you voluntarily provide general ideas, suggestions, or feedback that do not contain Personal Information, Consumer Health Data, PHI, confidential information, or third-party proprietary information, Third Avenue may use that feedback without restriction or compensation.

Prohibited Use

You are prohibited from using or attempting to use the Services: (i) for an unlawful, unauthorized, fraudulent, or malicious purpose; (ii) in a manner that could damage, disable, overburden, or impair a server or network; (iii) in a 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 a purpose other than the purpose for which the Services are intended.

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

Third-Party Goods and Services

Parties other than Third Avenue, including the Medical Group, Providers, and Dispensing Pharmacies, provide professional services or sell, dispense, manufacture, distribute, or ship products accessible through the Services (collectively, “Third Parties”). Third Avenue may make available for purchase certain services, devices, items, or products provided by Third Parties (“Third-Party Goods and Services”). Your clinical relationship with a Medical Group or Provider and your professional pharmacy relationship with a Dispensing Pharmacy are between you and the applicable Third Party and may be governed by separate terms, consents, and notices.

To the fullest extent permitted by law, Third Avenue is not responsible for the independent professional judgment, acts, or omissions of a Third Party. In the event of a dispute between you and a Third Party or another User, Third Avenue is under no obligation to become involved. You release Third Avenue and its contractors, directors, officers, employees, representatives, partners, shareholders, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Third Avenue Parties”) from claims arising solely from your independent relationship or dispute with that Third Party, except to the extent a claim results from Third Avenue’s own acts or omissions or cannot lawfully be waived. Nothing in these Terms limits any nonwaivable right or remedy concerning professional negligence, product liability, consumer protection, privacy, or other liability that applicable law does not permit the parties to disclaim.

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

The following provisions summarize our terms governing orders, payments, subscriptions, cancellations, refunds, replacements, and shipping. Our separate Refund, Cancellation, Return and Replacement Policy is incorporated into these Terms. If there is a conflict, the provision that provides the consumer with any nonwaivable protection required by applicable law will control.

Payment Before Clinical Review

When you place an order, we may charge your designated payment method for the full amount shown at checkout before you complete clinical intake and before a Provider determines whether treatment is medically appropriate. The amount may include charges for program access, administrative services, a clinical consultation, medication if prescribed, shipping, handling, and applicable taxes, as disclosed at checkout. Payment does not guarantee approval, a prescription, or access to any particular treatment.

If the Provider determines that you are not eligible for the prescription product associated with your order and no prescription is issued, we will cancel the affected order and refund the amount charged for that order. If only part of an order is unavailable or cannot be provided, we may cancel and refund the affected portion and charge only for products and services that can be provided, to the extent permitted by law.

Incomplete Intake and Pre-Approval Cancellation

After payment, you will ordinarily be directed to complete the required clinical intake. If you do not complete intake, your payment will remain associated with the pending order until you complete intake or clearly request cancellation by emailing support@thirdavenue.com. If you request cancellation before a Provider approves treatment and issues a prescription, we will cancel the affected order and refund the amount charged. If an intake remains incomplete for twelve (12) months, we may cancel the order and issue a refund to the original payment method.

Finality After Clinical Approval

Once a Provider approves treatment and issues a prescription for an initial order, the associated order is final and non-refundable, except as required by law or expressly provided below for a damaged, defective, incorrect, or undeliverable product. Clinical approval triggers professional, administrative, pharmacy, and fulfillment work and may involve a customized or patient-specific prescription product that cannot be returned or reused.

A recurring or refill order becomes final and non-refundable when the order is authorized under a valid prescription and transmitted to a Dispensing Pharmacy or otherwise enters pharmacy processing or fulfillment. Canceling a subscription does not cancel or refund an order that has already reached that stage.

Subscriptions and Automatic Renewal

If you purchase a subscription or continuous-service plan, the renewal price, billing frequency, material renewal terms, and cancellation method will be disclosed before you enroll. By affirmatively enrolling, you authorize Third Avenue to charge your designated payment method at the disclosed interval until you cancel or the subscription otherwise ends. We may send notices of upcoming renewals, price changes, or material changes when required by applicable law.

After enrollment, we will provide an acknowledgment that includes the material subscription terms and instructions for canceling. If we make a material change to the subscription terms, we will provide advance notice and obtain additional consent where required by applicable law.

You may cancel future renewals through any cancellation method made available in your account or by emailing support@thirdavenue.com. If you enrolled online, we will provide an online cancellation method as required by applicable law. Cancellation prevents future renewal charges if completed before the applicable billing or processing cutoff, but does not retroactively cancel or refund an order that is already final under these Terms. We will provide confirmation of a completed cancellation.

Damaged, Defective, or Incorrect Products

You should inspect products promptly upon delivery. If a product arrives damaged, defective, incorrect, or unusable, you must notify us as soon as reasonably possible and no later than seven (7) calendar days after delivery by emailing support@thirdavenue.com. We may require photographs, packaging information, shipping records, or other documentary proof reasonably necessary to evaluate the issue.

If the claim is substantiated, we will ordinarily arrange a replacement at no additional product cost. If a replacement is unavailable or not reasonably appropriate, we may issue a refund or other remedy required by law. Do not ship or return a prescription product unless Third Avenue or the Dispensing Pharmacy provides instructions authorizing the return. Except as expressly provided in this section or required by law, prescription products are not returnable or refundable after clinical approval.

Order Errors, Availability, and Cancellation

In the event of a pricing, description, availability, or other order error, we reserve the right to correct the error and revise your order accordingly, including charging the correct price after providing any notice or obtaining any consent required by law, or to cancel the affected order and refund the amount charged. If a product becomes unavailable, we may cancel and refund the affected product, offer an available alternative subject to Provider approval and your consent where required, or route an authorized prescription to another Dispensing Pharmacy.

Payment Methods and Payment Vendor

Only valid payment methods acceptable to us may be used to complete a purchase through the Services. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order, including any applicable taxes and shipping and handling charges, and for disclosed recurring subscription charges. If your designated payment method is declined, we may attempt to process the authorized charge again. We and our third-party payment-services providers may request and receive updated payment-card information from your card issuer, such as an updated card number or expiration date, and may use that information to process authorized future purchases and subscription charges. You may contact your card issuer to ask about available opt-out rights. We are not responsible for fees or charges imposed by your bank or card issuer.

In connection with a purchase, you may be asked to provide information relevant to the transaction, including your payment-card number and expiration date, billing address, shipping address, phone number, and email address. You authorize us to provide transaction information to payment processors and other service providers only as reasonably necessary to facilitate authorized transactions, prevent fraud, administer the order, and comply with law.

All credit card, debit card, and other monetary transactions on or through the Services are processed via a secure online payment application provided by THIRD AVENUE's third-party payment processor, Stripe (“Payment Vendor”). Stripe securely stores and manages customer payment information in accordance with industry-leading security standards to protect against unauthorized access. THIRD AVENUE's relationship with the Payment Vendor is solely contractual, as Stripe functions independently as a third-party vendor without any direction or control from THIRD AVENUE. This relationship should not be interpreted as fiduciary, franchisor-franchisee, agent-principal, employer-employee, partnership, joint venture, or similar.

Shipping and Delivery

You agree to pay shipping and handling charges disclosed before purchase. We may increase, decrease, add, or eliminate shipping and handling charges from time to time, but will provide notice of the charges applicable to you before purchase. Delivery dates and times are estimates only and are not guaranteed. Risk of loss or damage will pass as provided by applicable law and the terms disclosed for the applicable shipment.

We reserve the right to evaluate and resolve customer issues based on the facts and circumstances of each matter, provided that our case-by-case discretion does not limit any nonwaivable right or remedy available under applicable law.

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 or suspend your use of the Services at any time and for any lawful reason, including conduct that violates this Agreement, termination or material change of an agreement with the Medical Group or a Dispensing Pharmacy, loss of legal or operational availability, suspected fraud or misuse, or discontinuation of the Services. Where required by law, we will provide notice or an opportunity to address the issue. The provisions of this Agreement concerning security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and dispute resolution, indemnity, and jurisdictional issues survive termination. If your use of the Services is terminated, you agree not to attempt to circumvent the termination by creating a false identity or unauthorized account.

Except as otherwise provided in the Privacy Policy, Consumer Health Data Privacy Policy, or applicable law, Third Avenue has no obligation, before or after termination, to return or provide Content or information relating to you. Requests for clinical or dispensing records must be directed to the Medical Group, applicable Provider, or Dispensing Pharmacy that controls the record, subject to the entity’s Notice of Privacy Practices and applicable law.

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

Content supplied by Third Avenue for general informational purposes does not constitute medical advice and should not be relied upon to make medical decisions. Medical advice, diagnosis, and treatment may be provided only by the Medical Group and Providers within an established provider-patient relationship. Please discuss the risks and benefits of treatment with a qualified healthcare professional. Results vary and are not guaranteed.

THE SITE, PLATFORM FEATURES, AND CONTENT PROVIDED BY THIRD AVENUE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACCESS TO AND USE OF THOSE SERVICES IS VOLUNTARY AND AT THE USER’S RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIRD AVENUE DISCLAIMS WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THIRD AVENUE DOES NOT WARRANT THAT THE SITE, PLATFORM FEATURES, OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, UNINTERRUPTED, ERROR-FREE, OR FREE FROM SECURITY INCIDENTS. WARRANTIES, PROFESSIONAL DUTIES, AND REMEDIES APPLICABLE TO HEALTHCARE OR PHARMACY SERVICES ARE GOVERNED BY APPLICABLE LAW AND THE SEPARATE TERMS OF THE RESPONSIBLE THIRD-PARTY PROVIDER.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIRD AVENUE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA; LOST PROFITS; OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, PLATFORM FEATURES, CONTENT, OR THIRD AVENUE’S NONCLINICAL SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INCLUDING NEGLIGENCE, OR ANOTHER LEGAL THEORY, AND WHETHER OR NOT THIRD AVENUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THIRD AVENUE’S AGGREGATE LIABILITY FOR CLAIMS ARISING FROM THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO THIRD AVENUE FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS PRECEDING THE EVENT OR U.S. $1,000. NOTHING IN THIS SECTION EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING FROM YOUR USE OF THE SITE, PLATFORM FEATURES, CONTENT, OR THIRD AVENUE’S NONCLINICAL SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM. THIS CONTRACTUAL PERIOD DOES NOT APPLY WHERE APPLICABLE LAW PROHIBITS SHORTENING THE LIMITATIONS PERIOD.

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

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Third Avenue Parties and the Third-Party Providers from third-party claims, damages, liabilities, losses, costs, and reasonable attorneys’ fees arising from your fraud, willful misconduct, unlawful use of the Services, material breach of this Agreement, or violation of another person’s rights. This obligation does not require you to indemnify any party for its own negligence, professional malpractice, willful misconduct, or violation of law. We reserve the right to control the defense of a 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 communicate electronically with Third Avenue, the Medical Group, Providers, or Dispensing Pharmacies, you consent to receive transactional, administrative, security, fulfillment, and care-related communications electronically through email, text message, telephone, account notifications, or the Services, subject to applicable law and your communication preferences. You agree that agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that they be in writing.

Consent to receive marketing calls or text messages is not a condition of purchasing goods or services and will be requested separately where required by law. Message and data rates may apply. You may opt out of marketing text messages by replying STOP and may request help by replying HELP. Opting out of marketing communications does not prevent us or a Third-Party Provider from sending nonmarketing communications concerning your account, security, an order, fulfillment, or care when permitted by law.

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 THIRD AVENUE EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE, OR CONTROVERSY BETWEEN YOU AND THIRD AVENUE OR A THIRD AVENUE PARTY ARISING OUT OF OR RELATING TO THE SITE, CONTENT, THIRD AVENUE’S NONCLINICAL SERVICES, YOUR COMMERCIAL OR ADMINISTRATIVE RELATIONSHIP WITH THIRD AVENUE, PAYMENTS, ORDERS, SUBSCRIPTIONS, OR ADVERTISING (COLLECTIVELY, “DISPUTES”) THAT IS NOT RESOLVED THROUGH THE INFORMAL PROCESS DESCRIBED BELOW WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION BEFORE ONE NEUTRAL ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN COURT. THE AAA CONSUMER ARBITRATION RULES AND MEDIATION PROCEDURES THEN IN EFFECT WILL GOVERN. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING THE RIGHT TO A TRIAL BEFORE A JUDGE OR JURY, EXCEPT AS EXPRESSLY PROVIDED BELOW.

This arbitration agreement does not govern a claim asserted solely against the Medical Group, a Provider, or a Dispensing Pharmacy arising from that entity’s independent professional healthcare or pharmacy services. Such a claim may be governed by separate terms between you and that entity and by applicable state law. If a Dispute includes both arbitrable claims against Third Avenue and nonarbitrable claims against a Third-Party Provider, the court may stay the nonarbitrable claims to the extent permitted by law while arbitration proceeds.

If a Dispute arises, the parties will first attempt to resolve it informally. Before either party commences arbitration, other than an individual small-claims action or a request for urgent injunctive relief expressly permitted below, 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 initiating party must provide written notice of the Dispute (“Notice”), and the conference will occur within forty-five (45) days after the other party receives the Notice unless extended by mutual agreement. Notice to Third Avenue must be sent by email to support@thirdavenue.com with the subject line “Legal Dispute Notice” or by mail to Third Ave LLC d/b/a THIRD AVENUE, 1925 Lovering Avenue, Wilmington, Delaware 19806. 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; (3) a description of the Dispute and its factual basis; and (4) the relief requested.

If the parties are unable to resolve a Dispute within thirty (30) days after the Informal Dispute Resolution Conference, either party may commence arbitration. An arbitrator can award the same damages and individual relief that a court could award, subject to these Terms and applicable law, but court review of an arbitration award is limited. Payment of arbitration fees will be governed by the AAA Consumer Fee Schedule and applicable law. Third Avenue will pay amounts the AAA rules require a business to pay. Each party will bear its own attorneys’ fees and expenses unless the arbitrator awards fees under applicable law.

Unless the parties agree otherwise, the arbitration will be conducted by telephone, videoconference, written submissions, or at a location reasonably convenient to you, consistent with the AAA Consumer Arbitration Rules. The arbitrator’s award will 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. Information about the AAA, its Consumer Arbitration Rules, and filing procedures is available at https://www.adr.org or by calling 800-778-7879.

Notwithstanding the foregoing, either party may: (a) bring an individual action in a small-claims court with jurisdiction; or (b) seek temporary or emergency injunctive relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual-property rights, unauthorized access, fraud, theft, piracy, or a violation of the Computer Fraud and Abuse Act while arbitration is pending or before an arbitrator can address the request.

YOU AND THIRD AVENUE WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO SUE IN COURT OR HAVE A TRIAL BEFORE A JUDGE OR JURY FOR DISPUTES SUBJECT TO THIS ARBITRATION AGREEMENT. ALL SUCH DISPUTES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE BASIS. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER MAY NOT BE JOINED OR CONSOLIDATED EXCEPT WITH THE WRITTEN CONSENT OF ALL PARTIES. If a court determines in a final decision that applicable law precludes enforcement of a particular limitation in this paragraph as to a specific claim or request for relief, including a request for public injunctive relief that applicable law does not permit to be waived, that claim or request for relief will be severed and may proceed in a court of competent jurisdiction after all arbitrable claims have been resolved, unless applicable law requires otherwise.

You may opt out of this arbitration agreement within thirty (30) days after the date you first agree to a version of these Terms containing an arbitration requirement. To opt out, send your name, residence address, account email address, and a clear statement that you wish to opt out of arbitration to Third Ave LLC d/b/a THIRD AVENUE, 1925 Lovering Avenue, Wilmington, Delaware 19806, ATTN: Arbitration Opt-Out, or email support@thirdavenue.com with the subject line “Arbitration Opt-Out.” Opting out will not affect other portions of these Terms or a separate arbitration agreement you may have with another entity. If a portion of this arbitration agreement is invalid or unenforceable, that portion will be severed and the remainder will continue in effect to the fullest extent permitted by law.

Governing Law; Venue; Severability

The Services are controlled and operated by Third Avenue from the State of Delaware. The validity, interpretation, construction, and performance of this Agreement will be governed by Delaware law, without regard to conflict-of-law principles, except that this choice of law does not deprive you of nonwaivable consumer protections of the state where you reside. Subject to the arbitration agreement and any applicable small-claims right, any judicial proceeding between you and Third Avenue must be brought in a state or federal court located in New Castle County, Delaware, unless applicable law requires a different venue.

All parts of this Agreement apply to the maximum extent permitted by law. Nothing in these Terms waives a right or remedy that cannot lawfully be waived under applicable federal or state law. Our failure to enforce a provision will not constitute a waiver. If any part of this Agreement cannot be enforced as written, it will be replaced, where permitted, with an enforceable term that most closely matches its intent, and the invalidity of one part will not affect the remainder. 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 a partnership, joint venture, employment, fiduciary, franchisor-franchisee, principal-agent, or other agency relationship between you and Third Avenue or between Third Avenue and a Third-Party Provider. You may not enter into a 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 an affiliate or third party in connection with a merger, sale of assets, financing, reorganization, or other business transaction, without further consent, subject to applicable law.

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, consent, notice, or terms of use, if any. Except as expressly stated, these Terms do not create third-party-beneficiary rights. The Medical Group, Providers, and Dispensing Pharmacies are intended third-party beneficiaries only of provisions that expressly confer a right or protection on them, and their independent professional relationships with you remain governed by applicable law and any separate terms between you and the applicable entity.

Contacting Us

If you have questions or concerns about this Agreement, please contact:

Third Ave LLC d/b/a THIRD AVENUE
1925 Lovering Avenue
Wilmington, Delaware 19806
Email: support@thirdavenue.com 

Last updated: August 21, 2026