Terms of Service

Overview

Desert Contour LLC dba Contour Health, (“Contour Health,” “we,” or “us”) owns and operates the websites located at contourhealthrx.com, along with any related sites that we or our affiliates may offer now or in the future (collectively referred to as the “Site”). Through the Site, Contour Health provides access to information and content (the “Content”), products available for purchase (the “Products”), and various services (the “Services”). By using the Site, you agree to these terms and conditions (the “Terms of Service”) and must comply with all applicable laws and regulations. Some features, services, or purchases may only be available to registered users.

Please read these terms carefully before using the Site. By registering, accessing, or using the Site or Services, you agree to follow these terms and any additional policies displayed on the Site. You must be of legal age in your place of residence to use the Site or Services. If you do not agree to these terms, you should not access or use the Services.

By using the Services, you confirm that you have read, understood, and accepted these terms, along with Contour Health’s Privacy Policy (collectively referred to as the “Terms”). If you do not meet the eligibility requirements or do not agree with these terms, you are not authorized to use the Services. Your continued use of the Services means you accept and agree to be bound by these terms.

From time to time, we may introduce new features, tools, or services, which will also be subject to these terms. We reserve the right to update or modify these terms at any time by posting changes on our Site. These updates take effect immediately upon posting, and it is your responsibility to review this page periodically. If you continue using the Site, Services, or purchasing Products after any updates, it means you accept the changes. If you do not agree with the modifications, you should stop using the Site and Services.

Billing

By making a purchase from Contour Health, you agree to provide current, complete, and accurate payment and account details. You also agree to promptly update your information, including email address, billing details, and credit card information (such as expiration dates), to ensure successful transactions and communication regarding your purchases.

You are responsible for any applicable sales tax, use tax, duties, customs fees, or other governmental charges related to your purchase of Products or Services. Additionally, you agree to pay for any shipping and handling costs disclosed at the time of purchase.

Certain Products and Services may be offered on a subscription basis. By enrolling in a subscription, you agree to:

- Commit to a minimum of three consecutive months of service.

- Have your payment method automatically charged according to the billing terms specified for the Product or Service.

- Notify Contour Health at least 30 days before your next billing cycle if you wish to cancel after your initial commitment period.

To cancel a subscription, you must contact Contour Health at [email protected] with your cancellation request.

Contour Health reserves the right to:

- Refuse or cancel any order at its sole discretion.

- Limit the quantity of Products or Services available for purchase.

- Restrict or prohibit orders that, in its judgment, appear to be placed by dealers, resellers, or distributors.

If an order is modified or canceled, Contour Health will attempt to notify you using the contact details associated with your account or provided at checkout.

Termination

Contour Health reserves the right to terminate your access to the Site or any of its Services at any time, for any reason, including but not limited to a violation of these Terms of Service. Upon termination, your ability to access the Site and affected Services will be immediately revoked. However, you will remain responsible for any outstanding payments due up to and including the termination date, including charges for Products purchased prior to termination.

Certain provisions of these Terms of Service, including disclaimers, limitations of liability, and waivers, will remain in effect even after termination.

You may also choose to terminate these Terms of Service at any time by notifying Contour Health that you no longer wish to use the Site or Services, or by discontinuing your use of the Site and Services.

Disclaimer of Warranties

All Services, the Site, and its Content are provided “as is,” “as available,” and “with all faults.” Contour Health makes no warranties or guarantees of any kind, whether express, implied, statutory, or otherwise. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement.

Contour Health does not warrant or guarantee that the Content, Products, Services, or the Site will always be accurate, complete, reliable, current, or error-free. Additionally, we do not guarantee that the Site, its Content, or any software, technology, or servers used in providing the Site and Services are free from viruses or other harmful components.

By using the Site, Services, or any Products, you acknowledge and agree that you do so at your own risk. You are solely responsible for:

- Any loss of data.

- Damage to your computer system or mobile device.

- Any other harm resulting from your use of the Site, Services, or Products.

Additionally, you understand that the Content, information, and technology provided through the Site may contain errors, bugs, or limitations. Any reliance on this information should be made with caution and independent verification.

Limitation of Liability

To the fullest extent permitted by law, Contour Health, including its officers, directors, employees, agents, and representatives (collectively, the “Contour Health Parties”), shall not be liable for any damages of any kind arising from or related to the use of the Site, its Content, or any Products or Services.

The Contour Health Parties shall not be responsible, under any legal theory, for any indirect, special, exemplary, incidental, or consequential damages—including, but not limited to, loss of profits, data, or other intangible losses—resulting from your use of the Site, Content, Products, or Services, even if they were advised of or aware of the possibility of such damages.

In any event, the total liability of the Contour Health Parties shall be limited to the amount you have paid for Products or Services in the six months prior to the event giving rise to the claim.

Some jurisdictions do not permit certain limitations or exclusions of liability, so portions of this section may not apply to you.

You further agree that any claims related to your use of the Site, Content, Products, or Services must be brought within one year of the event that caused the claim. Claims filed after this period will be considered waived.

Indemnification

You agree to indemnify, defend, and hold harmless Contour Health, its officers, directors, employees, agents, and affiliates (collectively, the “Indemnified Parties”) from any and all third-party claims, actions, suits, liabilities, damages, settlements, judgments, losses, costs, and expenses, including but not limited to attorneys’ fees and litigation expenses, that arise from or relate to:

- Your use of the Site, Services, or Products

- Your breach of these Terms of Service (including any referenced policies or notices)

- Your violation of any applicable law or third-party rights

This indemnification obligation will survive the termination of your use of the Site or Services.

Dispute Resolution and Arbitration

To resolve disputes efficiently and cost-effectively, you and Contour Health agree that any disagreement related to these Terms will be handled through binding arbitration, except for specific cases outlined below. Arbitration is a less formal alternative to going to court, with a neutral arbitrator making decisions instead of a judge or jury. While the process may allow for more limited evidence gathering than a court case, arbitrators have the authority to grant the same types of relief as a court.

This arbitration agreement applies to all claims related to these Terms, no matter the legal basis—whether it involves contract law, negligence, fraud, or any other issue. It remains in effect even after your relationship with Contour Health ends. By agreeing to these Terms, both you and Contour Health waive the right to a jury trial or participation in a class-action lawsuit.

Despite this agreement, both parties retain the right to:

- Bring an individual case in small claims court if applicable.

- Seek assistance from federal, state, or local agencies that provide remedies.

- Request a court order to support arbitration.

- File a lawsuit if the dispute involves intellectual property rights.

Arbitration will follow the rules set by the American Arbitration Association (AAA) under its Consumer Arbitration Rules – Expedited Procedures, unless these Terms state otherwise. A single, neutral arbitrator will oversee the process. The AAA’s rules and filing details can be found at www.adr.org or by calling 1-800-778-7879. The arbitrator will have the final say on whether a dispute should be handled through arbitration and how the arbitration process applies to a particular case.

If you or Contour Health want to begin arbitration, the first step is to send a written notice of dispute to the other party via certified U.S. Mail or Federal Express (signature required). If no valid mailing address is available, an email may be used. This notice must include:

- A description of the issue and its basis.

- The specific outcome or resolution being requested.

Both parties will try to resolve the issue directly. If no agreement is reached within 30 days of receiving the notice, either party may move forward with arbitration. Unless both sides agree otherwise, the arbitration process will remain confidential.

If you start arbitration under these Terms, Contour Health will cover your filing fee, unless your claim exceeds $10,000, in which case fee payment will follow the AAA’s rules. Arbitration hearings will be held in Utah, or another location if both parties agree.

For claims of $10,000 or less, you may choose one of the following options:

- Arbitration based solely on written documents.

- A telephone hearing with no in-person appearances.

- An in-person hearing in Nebraska.

If the arbitrator determines that a claim is frivolous or filed for an improper purpose, you may be responsible for covering Contour Health’s arbitration costs. The arbitrator will provide a written decision explaining the ruling. Either party may request a review of arbitration-related costs within 14 days of the final ruling.

Both you and Contour Health agree that any dispute must be handled on an individual basis. Neither party may join or initiate a class action, collective lawsuit, or any other legal proceeding involving multiple claimants. Unless both sides agree, the arbitrator cannot oversee a case that involves multiple people making claims together.

If any part of this arbitration section is found invalid or unenforceable, the rest of the section will still apply. However, if Section 6 (No Class Actions) or the entire arbitration section is deemed unenforceable, disputes will be handled according to the laws of the State of Utah.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Utah.

Program Name and Description

As part of our outreach and engagement efforts, we provide an SMS messaging program for individuals who voluntarily opt in. By opting in to receive text messages from Desert Contour dba Contour Health, you agree to the terms outlined below.

SMS Messaging Program Description: When you opt in to our SMS program, you may receive text messages, including, but not limited to:

- Appointment Confirmation & Reminders

- Logistic Messages about Orders places

- Promotional or informational messages related to our services

Message frequency may vary depending on your interaction with our practice.

SMS Opt-Out: You may cancel the SMS service at any time. To stop receiving text messages, simply text "STOP" to our short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

SMS Re-enrollment: If you have opted out and would like to be added back into our messaging program, you may reply with START.

SMS Help & Support: If you experience issues with the messaging program, you can reply with the keyword "HELP" for more assistance. After you send the SMS message "HELP" to our shortcode, we will respond with instructions on how to use our service as well as how to unsubscribe. You can also contact our support team directly at [email protected] or call 435-414-0360.

Carrier Liability Disclaimer: Please note that mobile carriers are not liable for delayed or undelivered messages. Delivery of SMS messages is subject to effective transmission from your network operator and is outside of our control.

Message and Data Rates Disclaimer: As always, message and data rates may apply for messages sent to you from us and to us from you. For questions about your text plan or data plan, contact your wireless provider. For privacy-related inquiries, please refer to our privacy policy.

Read About Our Privacy Policy: https://app.autopilotrx.com/v2/preview/udA23YyD4tftmUYV7fGs

Compliance with Industry Standards Statement: Our SMS program is managed in full compliance with industry standards, including the TCPA (Telephone Consumer Protection Act) and CTIA guidelines. By opting into this service, you acknowledge that you are providing express written consent to receive recurring automated messages.

Legal Compliance Note: This program is governed by all applicable federal and state laws, and we maintain strict adherence to legal requirements regarding consumer privacy and data protection.

DBA Disclosure

Contour Health is a trade name and operates as a “doing business as” (DBA) designation of Desert Contour. Throughout this website, landing pages, advertisements, and related materials, references to “we,” “us,” “our,” or the “Company” refer to Desert Contour DBA Countour Health.

Privacy Policy

Contour Health values your privacy and is committed to protecting your personal information. Please review our Privacy Policy to understand how we collect, use, and disclose your personal data. By using the Site and Services, you acknowledge that you have read and agree to the Privacy Policy, which is hereby incorporated by reference into these Terms of Service.

Electronic Communications

By accessing or using the Site and Services, you consent to receive electronic communications from Contour Health, healthcare providers, and partner pharmacies. These communications may be sent via email, the Site, or other electronic means.

You acknowledge and agree that:

- Electronic communications satisfy any legal requirement that such communications be in writing.

- Any communication will be deemed delivered on the date it is transmitted to you.

Contact Information

Questions about these Terms of Service should be sent to us at [email protected]

Contour Health Logo

ADDRESS

1575 S River Road

St. George

UT 84790

© 2026. Desert Contour LLC dba Contour Health. All Rights Reserved.