TERMS OF USE

Effective Date: December 19, 2024

1. General Terms and Your Acceptance

FLYWHEELRX.COM GROUP, LLC, a California limited liability company (referred to as “FLYWHEELRX.COM,” “us,” or “we”), provides the FLYWHEELRX.COM.com website (HTTPS://FLYWHEELRX.COM) (the “Site”). This Terms of Use agreement (“Terms”) is between FLYWHEELRX.COM and you, the user (“you,” “your,” or “User”).

By accessing, visiting, browsing, using, or attempting to interact with or use any part of this Site, including the FLYWHEELRX.COM platform (“Platform”), you agree that you have read, understand, and agree to be bound by these Terms.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE ANY PART OF THIS SITE OR PLATFORM.

On certain areas of our Site, you may be given the ability to provide us with personal information. Please read our Privacy Policy (https://flywheelrx.com/privacy-policy), which is hereby incorporated into these Terms, for more information about our information collection and use practices.

Eligibility: To use the Site, you must:

  1. Be at least eighteen (18) years of age;

  2. Be a licensed healthcare professional or a company engaged in providing products or services to the health care industry; and

  3. Not have been suspended or removed from the Site.

2. The FLYWHEELRX.COM Platform

FLYWHEELRX.COM provides users varying levels of access to its Site.  Users may be required to register and create an account on the Site for access to certain areas of the Site, including the Platform available through the Site. The Platform provides a cloud-based space for health care professionals offering consulting services (“Consultants”) and for companies seeking such consulting services (“Companies”) to connect and engage in consulting opportunities (“Opportunities”).  The Platform uses proprietary software to provide searching and matching services to match Consultants to Opportunities.  We cannot guarantee specific results or matching of Opportunities to Consultants from using the Site or the Platform.

Registration:

  • Users register on the Platform either as a Consultant or a Company.

  • Registration may require you to provide certain identifying information, including but not limited to your name, email address, and other contact information, and to create a username and password (“Registration Information”).

  • Access to certain areas of the Site and certain levels of user access to the Platform require Registration and payment in advance depending on the membership or product.

  • By Registering on our Site, you acknowledge that you have certain data privacy rights as outlined in our Privacy Policy.

  • To protect the Site and Platform from spam and abuse, we utilize CAPTCHA services as described in our Privacy Policy.

User Obligations:

  • You agree to provide true, accurate, current, and complete information about yourself at registration.

  • You agree not to impersonate anyone, misrepresent any affiliation, use false information, or otherwise conceal your identity from FLYWHEELRX.COM for any purpose.

  • You are solely responsible for all use of your account and for maintaining the confidentiality and security of your password and other Registration Information.

3. Subscription Services

FLYWHEELRX.COM charges subscription fees for access to certain areas and features of the Site, access to its Platform, and the option to post Opportunities on the Platform (“Subscription Services”). You can view the current access levels and subscription fees and available subscription periods here: https://flywheelrx.com/membership

Payment Terms:

  • Authorization: By subscribing to a Subscription Service, you authorize FLYWHEELRX.COM and its third-party payment processors to charge your credit card or bank account for all fees payable on a recurring basis, for each payment period on the date of the payment request.

  • Changes and Cancellations: You may change or cancel your level of Subscription Services at any time by sending a change or cancellation request to info@flywheelrx.com.

  • No Refunds: Payments made for any Subscription Service will not be refunded, including situations where you have not used the Platform during the prepaid period, change or terminate your Registration or Subscription Services, or if we terminate your Registration in accordance with these Terms or applicable law.

Failure to Pay.  If your payment method declines or refuses to pay the amount owed, we may suspend or terminate your access to the Platform or your Registration.  You may be required to pay any overdue amounts incurred, including any third-party chargeback fees or penalties.

4. Free Trial or Free User Access

If we offer you a free trial for a Subscription Service and you register for it, we will make the applicable Subscription Services available to you on a trial basis free of charge until the earlier of the end of the free trial period (if not terminated earlier); or the start date of your paid subscription.  Unless you purchase a Subscription Service before the end of the free trial period, all of your data in the Subscription Services may be permanently deleted at the end of the trial.

5. User Content and Site Use.  

Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any material uploaded or submitted by you on the Site or Platform (“User Content”).

Prohibited Content: You agree not to post or upload content that:

  • Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, or invasive of another’s privacy.

  • Victimizes or discriminates against an individual or group based on religion, gender, sexual orientation, race, ethnicity, age, or disability.

  • Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights.

  • consists of unsolicited advertising, spam, chain letters, or unauthorized solicitation.

  • contains malicious code designed to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment.

  • breaches the security of the Site or attempts to gain unauthorized access to any data or other information.

  • is considered private health information.  Private health information means identifying information about an individual relating to their physical or mental health (including medical history), the providing of health care to the individual, payments or eligibility for health care, organ and tissue donation and health plan or insurance number.

Removal of User Content: FLYWHEEL is not obligated to monitor User Content.  However, FLYWHEELRX.COM reserves the right to remove any User Content that violates these Terms or is otherwise objectionable.

6. Third Parties

The Site may contain links to third-party websites or resources. We are not responsible for the content, products, or services on or available from those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

7. Intellectual Property Rights

User Content:

  • Ownership: You retain all ownership rights in your User Content.

  • License to FLYWHEELRX.COM: By uploading or submitting User Content, you grant us a non-exclusive, paid-up, perpetual, worldwide license to use, copy, distribute, display, publish, translate, adapt, modify, and otherwise use your User Content to deliver our Site services to you.

Site Content:

  • Ownership.  All content on the Site or the Platform, other than User Content, is the property of FLYWHEELRX.COM and is protected by intellectual property laws.

  • No License; No Derivative Works.  You may not copy, modify, distribute, or create derivative works based on the Site Content without our prior written consent.

Trademarks:

  • FLYWHEELRX.COM is a registered trademark of FLYWHEELRX GROUP, LLC and the domain name FLYWHEELRX.COM is owned by FLYWHEELRX GROUP, LLC.

  • All other trademarks or service marks are the property of their respective owners.

Third-Party Rights:  We respect the intellectual property rights of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please notify our Designated Agent at:

Scott Pritzlaff
FlywheelRX Group LLC 
3626 Fair Oaks Blvd., Suite 100
Sacramento CA 95864

8. AI Use and Our Platform

We use data and other information about you to provide you with information about Consultants, Companies and/or Opportunities that may be of interest to you and to generate content for you and others.

  • Recommendations: We use User Content to make recommendations and present information to you about Opportunities, connections, content, ads, and features that may be useful to You. We also use AI to optimize your experience and use of the Site or Subscriptions Services. 

  • Generative AI Features: By using our Site, you may interact with Site features that automate content generation.  You should be aware that the content generated might be inaccurate, incomplete, delayed, misleading or not suitable for your purposes. 

  • Our Site may include content automatically generated and shared using tools offered on our Site or third-party tools accessing our Site. You are responsible for carefully reviewing all content to ensure suitability for your purposes.

9. Confidential Information

Subject to our Privacy Policy, all communications sent by you to us will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information unless we have mutually agreed in writing otherwise.

10. Disclosure to Third Parties

You grant us the right to disclose your Registration Information and User Content to third parties in accordance with our Privacy Policy.

11. Disclaimer

AS IS Basis: All content, the Site, and the Platform are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied.

No Warranty: We make no warranty that the content or Platform will meet your requirements, be uninterrupted, timely, secure, or error-free.

Limitation: Some jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.

12. Limitation of Liability & Indemnification

Limitation of Liability: Our total liability to you for any claims arising out of these Terms or your use of the Site shall be limited to the amount you paid us for Subscription Services during the thirty-day period before the act giving rise to the liability.

No Liability for Certain Damages: In no event shall we or our affiliates be liable for any indirect, incidental, special, consequential, or punitive damages.

Indemnification: You agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorneys’ fees, arising from your use or misuse of the Site.

13. Termination of Use

Grounds for Termination: We may terminate or suspend your access to the Platform or Site for any reason, including breach of these Terms.

Effect of Termination:  Upon termination, your right to use the Platform will immediately cease. Termination does not affect your obligations under these Terms, including payment obligations.

14. Miscellaneous Provisions

International Use.  We make no representation that materials on the Site are appropriate or available for use in locations outside the United States.  Users accessing the Site from outside the U.S. do so at their own risk and are responsible for compliance with local laws.

Governing Law.  These Terms are governed by the laws of the United States, State of California, without regard to its conflict of laws principles.  You agree to submit to the exclusive jurisdiction of the courts located in Sacramento, California.

Notices.  Notices to us must be sent to info@FLYWHEELRX.COM.com or our mailing address at 

FlywheelRX Group LLC
3626 Fair Oaks Blvd., Suite 100
Sacramento CA 95864

We may send notices to you via email or to the address we have on record.

No Resale Right.  You agree not to resell or make commercial use of the Site or Platform beyond the limited rights granted in these Terms.

Force Majeure.  We are not liable for any failure or delay due to circumstances beyond our reasonable control.

Severability.  If any provision of these Terms is held invalid, the remaining provisions shall remain in full force and effect.

No Waiver.  Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

Entire Agreement.  These Terms constitute the entire agreement between you and FLYWHEELRX.COM regarding the use of the Site and Platform.