Terms of service

Effective date: October 9, 2026. Wells & Millar, a California corporation, doing business as HarlanMD, 1301 N Broadway STE 33349, Los Angeles, CA 90012.

1. This agreement

1.1 Who we are. harlanmd.com, derm.harlanmd.com, help.harlanmd.com, account.harlanmd.com and our other websites, emails, text programs and customer accounts (together, the "Site"), and the products and services we offer through them (with the Site, the "Services"), are provided by Wells & Millar, a California corporation doing business as HarlanMD, 1301 N Broadway STE 33349, Los Angeles, CA 90012 ("HarlanMD", "we", "us" or "our").

1.2 Your agreement. These Terms of Service ("Terms") are a binding contract between you and HarlanMD. You accept them when you place an order, start a consultation or create an account on a screen that tells you that doing so means you agree to these Terms, or when you check a box or click a button that says you agree. We keep a record of the version in effect when you accepted and the date. If you do not agree, do not place an order or use the Services. Browsing the Site without agreeing does not bind you to Section 19.

1.3 What is included. These Terms incorporate by reference our Privacy Policy, Consumer Health Data Privacy Policy, Refund Policy, Shipping Policy and, if you start a consultation, the Telehealth Informed Consent. If those documents conflict with these Terms, these Terms control, except that the Telehealth Informed Consent controls on the subject of consent to telehealth, and the Privacy Policy and Consumer Health Data Privacy Policy control on how we collect, use and share personal information. The MD Integrations patient portal has its own terms of use and privacy notices, which you accept when you use the portal; they govern your relationship with MD Integrations and the Clinicians, and these Terms govern your relationship with HarlanMD. If you have a Claim that involves both HarlanMD and MD Integrations or a Clinician, each party's own dispute terms apply to the Claim against it.

1.4 Age and capacity. You must be at least 18 years old and able to enter into a binding contract to use the Services. A parent or legal guardian who is at least 18 may buy a consultation on behalf of a minor child as described in Section 4.

1.5 United States only. The Services are offered to people located in the United States. We ship only to U.S. addresses and provide access to consultations only for people physically located in a U.S. state where the service is available at the time of the consultation.

2. What HarlanMD is, and is not

2.1 A retailer and a non-clinical platform. HarlanMD sells over-the-counter skin-care products and operates the Site, the condition selector at derm.harlanmd.com, customer accounts, marketing, payment collection and customer support. For telehealth, HarlanMD contracts with M & D Integrations, Inc., doing business as MD Integrations ("MD Integrations"), which operates the medical intake, patient portal, messaging and prescription-routing technology and provides a platform through which you can obtain clinical services from independent licensed clinicians practicing with MDI Medical Group, PC and its affiliated state professional medical corporations (together, "Clinicians"). HarlanMD and MD Integrations do not practice medicine. We do not employ or control the Clinicians, do not direct their medical judgment, and do not dispense medication. HarlanMD does not select, credential, supervise or evaluate Clinicians; MD Integrations and the medical group do. Clinicians are not HarlanMD employees or agents, and references on the Site to "your dermatologist" mean the independent Clinician assigned to your case.

2.2 Who provides medical care. Any diagnosis, treatment plan, prescription, referral or other medical decision is made solely by the Clinician assigned to your case, exercising independent professional judgment, under the laws of the state where you are located. Your doctor-patient relationship is with that Clinician, not with HarlanMD, and it begins only when the Clinician accepts your case. Dr. Steve Harlan, a licensed physician, wrote treatment guidelines that Clinicians may consult. They are guidance only: HarlanMD does not tell any Clinician what to diagnose, prescribe or recommend, does not review treatment decisions, and does not pay or reward Clinicians based on prescriptions or product recommendations. Unless a Clinician tells you otherwise in the patient portal, Dr. Harlan is not your treating physician.

2.3 No medical advice from HarlanMD. Everything on the Site, in our emails and texts, in our help center, in our videos and in the condition selector is general educational information about skin conditions and our products. It is not medical advice, is not a diagnosis, and does not create a doctor-patient relationship. The condition selector suggests which consultation to buy; it does not diagnose you. Do not rely on the Site in place of advice from a clinician who knows your medical history.

2.4 Emergencies. The Services are not for emergencies. If you have swelling of the lips, tongue or throat, trouble breathing, a rapidly spreading rash with fever, or any other condition you believe is an emergency, call 911 or go to the nearest emergency room. Do not wait for a consultation reply.

3. Telehealth consultations

3.1 What you are buying. A "Consultation" is a one-time, asynchronous (store-and-forward) dermatology case: you buy it on the Site, start the medical intake (provided by MD Integrations) on your order confirmation page and complete it, with questions and photos, in the MD Integrations patient portal, and a Clinician licensed in your state reviews your case, may message you with questions, and gives you a diagnosis and a written treatment plan. If the Clinician decides a prescription is appropriate, it is sent electronically to a pharmacy. Clinicians may also decide to treat with over-the-counter products only, to ask for more information, to recommend in-person care, or to decline to treat you through telehealth.

3.2 Price and what it includes. Each treatment plan is $99 unless a different price is shown at checkout, and includes one Consultation. Price includes a professional telehealth consultation provided by an independent licensed clinician. A portion of the price represents a medical consult fee paid to the clinician or clinician group. Of the $99, $20 is the professional fee for the Clinician's services, which HarlanMD collects at checkout as the clinician group's payment-collection agent and passes on through MD Integrations. The remaining $79 pays HarlanMD and MD Integrations for non-clinical services (the Site, the condition selector, the intake and portal technology, payment processing, customer support and order administration). HarlanMD's share is the same whatever the Clinician decides and is never based on whether a prescription is written or a product is recommended. The price does not include medication, pharmacy fees, SmartLotion® or any other product, laboratory tests, or in-person care. Each follow-up is a new treatment plan, with a new Consultation, at the then-current price. Messages you send in the patient portal about an open case are part of that case.

3.3 Timing. Clinicians aim to review cases within 24 hours after you submit a complete intake. This is a goal, not a guarantee, and we publish it only while it is true of most cases; if it stops being true, we will change it. Incomplete intakes, poor-quality photos, unanswered Clinician questions, state-law requirements, high demand and events outside our control can delay review.

3.4 When the fee is refundable. You can cancel for a full refund at any time until a Clinician opens your case for review; the portal shows when that happens. After that, the fee pays for the Clinician's review and is not refundable, whether the outcome is a prescription, an over-the-counter plan, or advice to be seen in person. We refund the fee in full if: no Clinician licensed in your state is available; the service is not offered for your age, location or condition; your identity cannot be verified; the Clinician declines your case before reviewing it because state law or the service's limits do not allow it to be treated online; or you do not receive a diagnosis or written plan within 7 days of submitting a complete intake. If you do not submit your intake within 30 days of purchase, we will cancel your order and refund the fee automatically. The Refund Policy repeats this rule.

3.5 One person, one case. A Consultation covers one patient and the concern you describe in the intake. Clinicians may address a related concern at their discretion but are not required to. The "concerning spot check" Consultation covers one specific spot you identify; it is not a full-skin examination or a skin-cancer screening, and a recommendation to see a dermatologist in person is a normal outcome.

3.6 Your responsibilities. You agree to: (a) give complete, truthful and current information about yourself, your symptoms, your medical history, your medications and allergies, and to update the Clinician if anything changes; (b) upload clear, unedited photos of the affected skin as instructed; (c) complete any identity verification MD Integrations requires; (d) read the treatment plan and follow it, or tell the Clinician if you cannot; (e) check the patient portal and your email for Clinician messages; (f) tell the Clinician about side effects promptly; and (g) seek in-person care when the Clinician recommends it or when your condition worsens. Clinicians rely on what you tell them. False or incomplete information can lead to a wrong diagnosis or treatment and may result in a case being closed without refund.

3.7 No guaranteed outcome; who reviews your case. We do not promise that a Consultation will result in a prescription, a particular medication, a particular diagnosis, or improvement of your skin. The Clinician's medical judgment controls, and a decision not to prescribe is not grounds for a refund. Every Consultation is reviewed by a physician who is board-certified in dermatology and licensed in the state where you are located. If no such physician is available for your state, you will be told in the portal before any review begins and your fee will be refunded.

3.8 Your medical records. Your intake, photos, messages, diagnosis and treatment plan are medical records maintained by the Clinician and MD Integrations in the patient portal, subject to the Clinician's notice of privacy practices and applicable law. You may access them in the portal and may request copies as the law allows. HarlanMD receives limited, coded information about your case (that it was opened, whether your intake was completed, whether it was completed with or without a prescription or a referral, and whether a refund is due), with the authorization you give in the intake. We use those updates, and anything from your intake, only to support you and process refunds, never for marketing or advertising. Your purchase of a Consultation is an order in our store, and we use it to send you reminders about your Consultation and follow-ups and in our advertising measurement, as our Privacy Policy explains and subject to the choices it gives you.

3.9 Telehealth consent. We show you the Telehealth Informed Consent before you buy so you know what to expect: the benefits, limits and risks of asynchronous telehealth and your rights, including the right to stop at any time and to choose in-person care instead. Your consent to care is given to your Clinician in the patient portal, where you can ask questions before you agree.

4. Who may use the consultation service

4.1 Adults. You may buy a Consultation for yourself if you are 18 or older, you are physically located in a U.S. state where the service is available, you are buying it for your own care, and you are able to communicate in the language the intake uses. We make Consultations available in all 50 states, but a particular service may be unavailable in some states, for some ages, or for some conditions, and a Clinician may decline a case that state law does not allow to be treated asynchronously. If that happens we refund the fee.

4.2 Children. Some Consultations (for example, eczema in children, cradle cap and diaper rash) are for minors. Only a parent or legal guardian who is 18 or older may buy a Consultation for a child. By doing so you represent that you have legal authority to consent to the child's medical care, you agree to these Terms on your own behalf and, to the extent the law allows, on behalf of the child, and you agree to complete the intake truthfully on the child's behalf, to supervise the child's participation as the Clinician directs, and to give the child the care the Clinician prescribes. The Clinician may require proof of guardianship or decline a pediatric case where state law or clinical judgment requires an in-person visit.

4.3 One account per person. You may not buy a Consultation for another adult, share your account or portal login, or submit photos of anyone other than the patient. Your intake must identify the real patient.

4.4 Identity. MD Integrations or the Clinician may ask you to verify your identity (for example, with a government ID and a photo). If identity cannot be verified, the case will not be reviewed and the fee will be refunded.

5. Prescriptions, pharmacies and medication

5.1 We do not sell prescription medication. HarlanMD does not sell, dispense, ship or profit from prescription medication. If a Clinician writes a prescription, it is transmitted electronically to a licensed pharmacy, and you buy the medication from that pharmacy under the pharmacy's terms and prices. Any insurance, discount program or manufacturer coupon is between you and the pharmacy.

5.2 Your choice of pharmacy. By default prescriptions are sent to a partner pharmacy arranged by MD Integrations, which may ship medication to you. You may ask the Clinician to send your prescription to any licensed pharmacy that accepts electronic prescriptions in your state, including a local pharmacy, and the Clinician will do so unless the law prevents it. Tell the Clinician in the patient portal, or contact MD Integrations support through the portal. We do not require you to use any particular pharmacy.

5.3 Medication is the Clinician's and pharmacy's domain. Questions about dosing, interactions, side effects, refills and substitutions must go to the Clinician through the patient portal or to the pharmacist. The patient portal is the place to report a side effect to your Clinician. You can also report side effects to the FDA's MedWatch program at 1-800-FDA-1088.

5.4 No controlled substances. Clinicians working with HarlanMD do not prescribe controlled substances through the Services.

5.5 Refills and follow-ups. A prescription may include refills at the Clinician's discretion. Once a case is closed, further care, new prescriptions and refills beyond those written require a new Consultation.

6. Our financial interest in SmartLotion®

HarlanMD owns and sells SmartLotion® and Perfect Repair, and Dr. Steve Harlan, who developed SmartLotion®, is our founder and has a financial interest in HarlanMD. Dr. Harlan's treatment protocols frequently include SmartLotion®, so a treatment plan you receive may recommend it. You are free to buy SmartLotion® from us or not, and to fill prescriptions anywhere. SmartLotion® is a specific formula (a low dose of hydrocortisone combined with sulfur) and is not interchangeable with other hydrocortisone creams; if you would rather not use it, tell your Clinician, who will discuss other treatment options with you. Clinicians are paid for their professional services and are not paid based on whether they recommend our products or write prescriptions. We tell you this so you can weigh any recommendation with this interest in mind.

7. Products

7.1 What our products are. SmartLotion® is an over-the-counter drug product sold under the FDA's over-the-counter drug rules. Its Drug Facts label lists hydrocortisone 0.75% as the active ingredient, in a formula with sulfur and other key ingredients that differs from plain hydrocortisone creams. Perfect Repair is a cosmetic moisturizer. Read and follow the Drug Facts label and directions on the package, or your Clinician's directions where they differ: the label says to stop use and ask a doctor if a condition worsens or symptoms last more than seven days, and to ask a doctor before use on a child under 2 or for diaper rash, and a treatment plan from your Clinician is that direction. Keep out of reach of children. Our products are not intended to diagnose, treat, cure or prevent any disease other than the uses stated on their labels or directed by your Clinician.

7.2 Results vary. Statements on the Site about how our products work, published studies, reviews and before-and-after photos reflect individual experiences and research as described; they are not a promise of the results you will get. Your results depend on your skin, your condition, how you use the product and other factors.

7.3 Product information. We try to describe our products and show their colors and packaging accurately, but we do not warrant that descriptions, images, ingredient lists or other content are error-free. The product label controls. We may change product formulas, packaging, specifications and prices at any time.

7.4 Personal use; no resale. Products are sold for your personal, non-commercial use. You may not resell, redistribute or export them, and we may cancel orders, refuse service and close accounts used for resale.

8. Orders, prices and payment

8.1 Placing an order. Your order is an offer to buy. Consultation orders are accepted when your payment is authorized; product orders are accepted when your payment is authorized, subject to cancellation for the reasons below. We may refuse, limit or cancel any order for any lawful reason, including suspected fraud, resale, pricing or listing errors, or unavailability, and we will refund any amount you paid for a cancelled order.

8.2 Prices and errors. Prices are in U.S. dollars and may change at any time; the price shown at checkout applies to that order. If we discover a pricing or description error after you order, we may cancel and refund the order, or contact you to confirm the correct price before shipping. Promotional codes and offers have the terms stated with them, cannot be combined unless we say so, and may be withdrawn at any time.

8.3 Payment. Payment is collected at checkout through Shopify's checkout and payment processors (for example, Shopify Payments, Shop Pay, PayPal and Venmo). You represent that you are authorized to use the payment method you provide. Your payment processor's terms also apply. We do not store full card numbers.

8.4 Taxes. Sales tax is added where required and shown at checkout.

8.5 HSA and FSA cards. We accept health savings and flexible spending account cards where the card network allows. Whether a purchase is an eligible medical expense is decided by your plan administrator and the IRS, not by us. Keep your receipt, and ask your plan if you are unsure. Perfect Repair is a cosmetic and is generally not an eligible medical expense.

8.6 Consultation products in the cart. Consultations are sold as digital products with no shipping. If you buy a Consultation together with products, the products ship on their normal schedule and the Consultation proceeds separately.

9. Subscriptions and automatic renewal

9.1 How subscriptions work. When you choose a subscription (sometimes called "Subscribe & Save" or auto-ship) and agree to the automatic-renewal terms shown with it, you authorize us to charge the payment method on file, at the subscription price shown at checkout, every delivery interval you chose (for example, every 30, 45 or 60 days), and to ship the product, until you cancel. The price, interval, any introductory discount and the price after an introductory period are shown clearly before you subscribe, and we confirm them, with cancellation instructions, in your order email.

9.2 Cancel any time. You can cancel online, at will, with the "Cancel subscription" button in your account or the subscription portal linked from your order emails (no call or email needed), or by emailing support@harlanmd.com or calling (877) 465-7892. There is no fee to cancel. If we show you an offer when you cancel, a "Click to cancel" button is always on the same screen and cancels immediately. Cancellation stops future charges and shipments. To avoid being charged for the next shipment, cancel before that shipment's billing date; if an order has already been processed, it ships and is covered by the Refund Policy. You can also skip, pause or change the interval in the portal.

9.3 Price and term changes. If we change the price, we will email you between 7 and 30 days before the change takes effect, with a link to cancel. If we make any other material change to your subscription (including a change to the product's formula or the interval), we will email you before it takes effect, with a link to cancel. If your subscription has a free or discounted trial, we will remind you before it converts to the regular price. We will send you a reminder of your subscription terms at least once a year, and before any renewal where the law requires it.

9.4 Failed payments. If a charge fails we may retry it, and we may email or text you to update your payment method. We may pause or cancel a subscription we cannot bill.

9.5 Treatment plans are never subscriptions. Each treatment plan, with its Consultation, is a one-time purchase. We will never charge you for a treatment plan you did not buy.

9.6 Records. We keep a record of the automatic-renewal terms you agreed to and when for at least three years, or one year after your subscription ends if longer.

10. Shipping, returns and refunds

Shipping is governed by our Shipping Policy, which includes where we ship, timing, and what happens if a package is lost or damaged. Returns and refunds, including the 60-day satisfaction promise on products and the rules for Consultation fees, are governed by our Refund Policy. Both are part of these Terms.

11. Accounts

You may check out as a guest or create a customer account. Account sign-in uses a one-time code sent to your email, so anyone with access to your email can access your account: protect your email and tell us right away if you think someone else has used your account. You are responsible for activity under your account and for keeping your contact and payment information current. The MD Integrations patient portal has its own login, and your consultation records live there, not in your HarlanMD account. We may suspend or close an account for breach of these Terms, suspected fraud or abuse, or inactivity, and you may close your account at any time by contacting us.

12. Email, text messages and calls

12.1 Service messages. By ordering or creating an account you agree that we and our service providers may send you emails, and text messages to a mobile number you provide, about your orders, account, subscriptions, consultations and these Terms, including reminders about your Consultation and when a follow-up is due. These messages may name the consultation you bought but never include anything from your intake or treatment plan; messages about your medical care come from MD Integrations and your Clinician through the patient portal.

12.2 Marketing emails. If you give us your email address through a signup form, at checkout with marketing selected, or otherwise, we may send you marketing emails. You can unsubscribe at any time using the link in any marketing email; we honor unsubscribes within 10 business days and usually immediately.

12.3 Text message program terms. If you opt in to our text program (for example, by entering your mobile number in a texts signup form, texting a keyword, or checking a box at checkout), you agree to receive recurring automated marketing and service text messages sent by HarlanMD (through our messaging provider) at the number you gave us, including messages sent with an autodialer or automated system. Consent to marketing texts is not a condition of any purchase. Message frequency varies. Message and data rates may apply. To stop, reply STOP (or QUIT, END, CANCEL, UNSUBSCRIBE, OPT OUT or REVOKE) to any message, reply HELP for help, or email support@harlanmd.com; any reasonable request to stop is honored within 10 business days, and usually immediately. After you text STOP we may send one message confirming you have been unsubscribed. You must be 18 or older to opt in, and we send marketing texts only between 8 AM and 8 PM in your local time zone. Carriers are not liable for delayed or undelivered messages. If you change or give up your mobile number, tell us or text STOP first, so we do not message the number's next owner. Your consent applies even if your number is on a Do Not Call list. You represent that you are the owner or authorized user of the number you provide.

12.4 Calls and recording. We may call you about an order or support request. We tell you at the start of any call, whether you call us or we call you, if it may be recorded, and you consent to that recording when you continue the call after being told.

12.5 Electronic communications and signatures. You agree that we may give you notices, disclosures, policies, receipts and records electronically, by posting them on the Site or sending them to the email you provided, and that these have the same effect as paper documents. You agree that checking a box that says you agree, or clicking a button on a screen that says clicking it means you agree, is your electronic signature under the federal E-SIGN Act and state law. You need a device with internet access, a current browser and an email account to receive electronic records. You may request a free paper copy of any notice or record by emailing support@harlanmd.com, and you may withdraw your consent to electronic records by contacting us, but withdrawing consent may prevent you from using the Services. To update the email address we use for notices, change it in your account or email us.

13. Reviews, photos and other content you give us

13.1 Your content. If you submit reviews, comments, questions, photos, videos, testimonials or other material to us or to a review platform we use ("Your Content"), you give HarlanMD a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, shorten (without changing its meaning), publish and display Your Content, with your first name and initial or a screen name, in connection with our business, including on the Site and in advertising, in any media. You can ask us to remove Your Content from the Site at any time by contacting us, and we will remove it within a reasonable time except where it has already been used in printed or distributed advertising.

13.2 Before-and-after photos and health testimonials. We publish photos of your skin or testimonials that describe your medical condition or treatment only with your separate written permission, which you may withdraw for future uses. We never publish anything from your consultation records.

13.3 Your promises. You confirm that Your Content is yours, is truthful, reflects your genuine experience, does not include anyone else's private information or image without their permission, and does not infringe anyone's rights. If you received a free product, discount or other benefit in exchange for a review, you must say so in the review. We do not remove or hide reviews because they are negative, and nothing in these Terms limits your right to post an honest review anywhere. We may remove content that is fake, unrelated to our products, defamatory, harassing, obscene or discriminatory, that includes another person's private or health information, or that contains confidential information. We are not responsible for content posted by others.

13.4 Ideas and feedback. If you send us suggestions or ideas, we may use them without any obligation to you.

14. Our content and trademarks

The Site and its content (text, images, videos, graphics, logos, software, product names and the way the Site is arranged) belong to HarlanMD or our licensors and are protected by copyright, trademark and other laws. HarlanMD, SmartLotion®, Perfect Repair and our logos are trademarks of Wells & Millar. We give you a limited, revocable, non-transferable license to view and use the Site for personal shopping and for arranging your own care. You may not copy, scrape, frame, modify, publish, sell or create derivative works from the Site or its content except as these Terms or the law allow. If you believe content on the Site infringes your copyright, send a notice containing the information required by 17 U.S.C. § 512(c)(3) to our copyright agent at support@harlanmd.com, subject line "Copyright notice", or by mail to the address in Section 24.

15. Acceptable use

You agree not to: (a) use the Services for any unlawful purpose or in violation of these Terms; (b) give false information, impersonate anyone, or buy a Consultation for someone you are not entitled to act for; (c) use bots, scrapers or automated tools to access the Site, or collect information about other users; (d) interfere with the Site's security or operation, probe or test its vulnerabilities, or introduce malicious code; (e) use the Services to harass, threaten or harm anyone, including Clinicians and our staff; (f) resell products or Consultations; (g) attempt to obtain a prescription by deception; or (h) use our content or trademarks to suggest we endorse you or that you speak for us. We may investigate, suspend or terminate access, cancel orders and involve law enforcement.

16. Third-party services and links

The Services rely on third parties: Shopify (our store, checkout, customer accounts and payment processing), MD Integrations and the Clinicians (telehealth), pharmacies, payment processors, shipping carriers, email and text providers, our help center provider and review platforms. Their services are governed by their own terms and privacy policies, which we encourage you to read, and we are not responsible for their acts or omissions except as the law requires. The Site may link to other websites and content we do not control; those links are not endorsements and we are not responsible for them.

17. Disclaimers

17.1 The Services. To the fullest extent permitted by law, and without limiting our 60-day satisfaction promise (a term of sale described in the Refund Policy) or any warranty that cannot be disclaimed, the Site and the Services are provided "as is" and "as available", without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Site will be uninterrupted, timely, secure or error-free.

17.2 Medical services. HarlanMD does not provide medical services and makes no warranty about the medical services provided by Clinicians, including their availability, accuracy, timing or results, or about any pharmacy or medication. Clinicians are responsible for their own professional services.

17.3 Products. Products are sold with the Drug Facts or ingredient label and directions on the package. We do not warrant that a product will produce any particular result for you. This section does not limit the 60-day satisfaction promise, any remedy the law gives you for a product that is defective or unsafe, or any claim for personal injury that the law does not allow us to disclaim.

17.4 Your state's rights. Nothing in these Terms limits any right you have under the laws of the state where you live that cannot be limited by contract. New Jersey residents: Section 17.1 (to the extent it disclaims implied warranties) and Sections 18.1, 18.2 and 20 do not apply to you to the extent they limit rights or remedies under New Jersey law, including the New Jersey Consumer Fraud Act, the Truth-in-Consumer Contract, Warranty and Notice Act, the Products Liability Act and the Punitive Damages Act.

18. Limitation of liability

18.1 Excluded damages. To the fullest extent permitted by law, HarlanMD and its officers, directors, employees, contractors, agents, licensors and service providers (the "HarlanMD Parties", which does not include MD Integrations, MDI Medical Group, PC or its affiliated professional corporations, any Clinician, or any pharmacy) will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, loss of goodwill or the cost of substitute products or services, arising out of or relating to the Services or these Terms, however caused and under any theory of liability, even if advised of the possibility of those damages.

18.2 Cap. To the fullest extent permitted by law, the total liability of the HarlanMD Parties for all claims arising out of or relating to the Services or these Terms will not exceed the greater of (a) the amount you paid HarlanMD in the 12 months before the event giving rise to the claim, or (b) $100.

18.3 What this section does not do. Sections 18.1 and 18.2 do not limit or exclude liability for death or personal injury caused by our negligence, for fraud, fraudulent misrepresentation, gross negligence or willful misconduct, for violation of law, or for any other liability that cannot be limited or excluded under applicable law, including California Civil Code section 1668 and the New Jersey laws named in Section 17.4. Sections 18.1 and 18.2 also do not apply to Claims arising from the Consultation services or from our handling of information about your consultation, or to any remedy (including punitive damages) available to you under a consumer-protection statute. They do not limit any claim you may have against a Clinician, a pharmacy or another third party, which these Terms do not govern. The limitations in this section apply only to the extent permitted by the law of the state where you live.

18.4 Basis of the bargain. You agree that the limitations in Sections 17 and 18 reflect a reasonable allocation of risk and are part of the basis on which we offer the Services at their prices.

19. Dispute resolution: arbitration and class-action waiver

19.1 Talk to us first (required). Most problems can be solved by our support team. Before starting an arbitration or lawsuit, you agree to send us a written notice of dispute by email to support@harlanmd.com with the subject "Notice of Dispute", or by mail to Wells & Millar, dba HarlanMD, Attn: Legal, 1301 N Broadway STE 33349, Los Angeles, CA 90012. The notice must include your name, the email on your order, a description of the dispute and what you want us to do, and must be signed by you (an electronic signature is fine). Our notice to you will meet the same requirements, will be sent to the email on your order and will be signed by an officer of HarlanMD. For 60 days after a complete notice is received, you and we agree to try in good faith to resolve the dispute informally. Either of us may ask for one informal phone or video call within the 60 days, which a HarlanMD representative with authority to settle will attend; you may attend through your lawyer. All limitation periods are paused during those 60 days. Neither of us may start an arbitration or lawsuit until the 60 days have passed, except that this period does not delay a request for a temporary restraining order or preliminary injunction, or a claim for injunctive relief under the Consumers Legal Remedies Act. A notice under California Civil Code section 1782 (the Consumers Legal Remedies Act) may be sent to the same mailing address.

19.2 Agreement to arbitrate. If we cannot resolve the dispute informally, you and HarlanMD agree that any dispute, claim or controversy between you and HarlanMD (or any HarlanMD Party) arising out of or relating to the Services, your purchases, these Terms or our Privacy Policy, Refund Policy or Shipping Policy, including their formation, interpretation, enforceability or scope, and including claims based on contract, tort, statute, fraud, misrepresentation or any other legal theory (each a "Claim"), will be resolved by binding individual arbitration, except as stated in Sections 19.3 and 19.4. This agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. It is mutual: it applies to Claims you bring against us and to Claims we bring against you. This Section 19 applies only to Claims between you and HarlanMD (and the HarlanMD Parties). It does not apply to, and cannot be enforced by or against, MD Integrations, any medical group, any Clinician or any pharmacy; Claims involving them are governed by their own terms and the law that applies to them.

19.3 Exceptions. Either of us may bring an individual Claim in small-claims court in the county where you live, if the Claim qualifies and stays in that court. You may bring Claims before a federal, state or local agency that is authorized to hear them. And this Section 19 does not cover Claims that applicable law does not allow to be arbitrated by pre-dispute agreement.

19.4 Clinicians and medical care. This Section 19 is an agreement between you and HarlanMD (and the HarlanMD Parties). It does not govern professional-liability or other Claims against a Clinician, a medical group or a pharmacy arising from the medical or pharmacy services they provide, and it does not govern any Claim that a Clinician, medical group or pharmacy was negligent in providing care, including a Claim that HarlanMD or MD Integrations is responsible for that negligence. Those Claims are governed by any agreement between you and that provider and by the law that applies to it.

19.5 The arbitration. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, when they apply, its Mass Arbitration Supplementary Rules, as in effect when the arbitration is started (the "AAA Rules"), except as these Terms change them. The AAA Rules are at www.adr.org. If AAA is unavailable, we will agree on another established arbitration provider, or a court will appoint one. A single neutral arbitrator will decide the Claim. The arbitrator may award the same individual relief a court could award, including damages, attorney's fees where the law provides for them, and individual injunctive or declaratory relief. The arbitrator must follow these Terms and applicable law, and must issue a reasoned written decision. The arbitration will be held in the county where you live, or by video, telephone or written submissions if you choose. Either of us may file a motion for early resolution of a Claim, which the arbitrator will decide on written submissions with oral argument if requested. Judgment on the award may be entered in any court with jurisdiction. Nothing in this Section 19 prevents either of us from disclosing the existence, content or result of an arbitration to the extent the law allows.

19.6 Fees. The AAA's consumer fee schedule applies. If you start an arbitration seeking $10,000 or less, we will pay all AAA filing, administrative and arbitrator fees, unless the arbitrator finds that your Claim is frivolous or brought for an improper purpose, in which case the AAA Rules govern fees. If you start an arbitration seeking more than $10,000, the AAA Rules govern fees, and we will pay any fees that California law requires us to pay. We will not seek attorney's fees or costs from you in arbitration except to the extent a court could award them to us under the statute on which your Claim is based. We will pay any arbitration fee or cost we owe within 30 days after the AAA's invoice is due, and any fee we owe under California Code of Civil Procedure sections 1281.97 and 1281.98 will be paid as that law requires.

19.7 Who decides what. The arbitrator, not a court, has exclusive authority to decide all issues about the interpretation, applicability, enforceability or formation of this Section 19 and of these Terms, including whether a Claim is arbitrable, except that a court decides whether this Section 19 was formed, any challenge to this Section 19.7, the issues in Section 19.8 (class and representative waiver), Section 19.9 (public injunctive relief) and Section 19.10 (coordinated proceedings), and any dispute about whether a party has complied with Section 19.1.

19.8 Class and representative action waiver. You and HarlanMD each agree to bring Claims only in an individual capacity, and not as a plaintiff, class member or representative in any purported class, collective, consolidated, private attorney general or representative proceeding. The arbitrator may not consolidate more than one person's Claims (except as Section 19.10 describes) and may not award relief to anyone other than the individual party seeking it, except as Section 19.9 provides. If a court decides that this waiver is unenforceable as to a particular Claim or request for relief, then that Claim or request (and only it) will be severed from arbitration and decided in court under Section 19.13, and the rest of the Claims will be arbitrated. In that event, the court proceeding will be stayed until the arbitration of the remaining Claims is finished.

19.9 Public injunctive relief. Nothing in this Section 19 prevents you from seeking public injunctive relief where California law or another applicable law gives you that right. If you seek public injunctive relief, that request will be decided by a court under Section 19.13 after the arbitrator has decided all other issues, and the court proceeding will be stayed until then. The arbitrator may award injunctive relief only in favor of the individual party seeking it and only to the extent needed to provide relief for that party's individual Claim.

19.10 Coordinated proceedings. If 25 or more similar arbitration demands are filed against HarlanMD by the same or coordinated counsel, the AAA Mass Arbitration Supplementary Rules apply as the AAA administers them, and HarlanMD will pay all fees the AAA assesses to the business under those rules. The limitation period for every Claim is paused from the filing of the demand until it is heard. Any disagreement about this Section 19.10 will be decided by a court under Section 19.13. This Section 19.10 never requires you to wait more than 180 days from your demand without the start of your proceeding, and if a court finds any part of it unenforceable, the remaining demands will proceed individually under the AAA Rules.

19.11 Your right to opt out. You can reject this Section 19 by emailing support@harlanmd.com with the subject "Arbitration opt-out", or by mailing a letter to the address in Section 19.1, within 30 days after the first time you accept these Terms (for example, by your first purchase). Your opt-out must include your name, the email address on your orders and a statement that you want to opt out of arbitration. Opting out does not affect any other part of these Terms. If you opt out, this Section 19 does not apply to you, no earlier HarlanMD arbitration agreement applies to you, and Claims may be brought in any court with jurisdiction, including the courts in the county where you live.

19.12 Changes to this section. If we change this Section 19, the change applies only to Claims that arise after the change takes effect, and never to a Claim that had already accrued or for which either of us had already given notice under Section 19.1. You may reject the change by opting out under Section 19.11 within 30 days after we notify you of it. If you reject a change, the last version of this Section 19 you accepted continues to apply.

19.13 Court proceedings. If a Claim proceeds in court rather than arbitration under this Section 19, it will be brought in the state or federal courts located in Los Angeles County, California, or in the county where you live, and you and HarlanMD consent to the personal jurisdiction of those courts, except that a small-claims Claim may be brought in your county, and a Claim that the law requires to be brought elsewhere may be. If you live outside California, to the extent your state's law allows, Claims decided in court under this Section 19 will be tried to a judge without a jury.

19.14 Survival and severability. This Section 19 survives the end of your relationship with HarlanMD. Except as Sections 19.8 and 19.10 provide, if any part of this Section 19 is found unenforceable, the rest remains in force.

20. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless the HarlanMD Parties from any third-party claim, and the resulting losses, liabilities and reasonable attorney's fees, that arises out of (a) Your Content; (b) your fraud, intentional misconduct or knowing violation of law; (c) false information you gave in an order or an intake, including about the identity or age of a patient; or (d) your use of a phone number, email address or payment method you were not authorized to use. We will notify you of the claim and may take over its defense at our expense, in which case you will cooperate reasonably. This section does not require you to indemnify us for our own negligence or misconduct.

21. Changes to these Terms

We may update these Terms as our Services, the law or our business change. When we do, we will post the updated Terms with a new effective date. If a change materially reduces your rights or increases your obligations (for example, a change to Section 19, to refund rules, or to subscription terms), we will also notify you by email to the address on your account or most recent order, or by a prominent notice on the Site, at least 14 days before the change takes effect, except where a change is required by law or needed to address a safety or security issue. Changes do not apply to orders you placed before the effective date, and changes to Section 19 are subject to Section 19.12. If you continue to use the Services after a change takes effect, you accept the updated Terms; if you do not agree, stop using the Services and, if you have a subscription, cancel it.

Existing customers. If you bought from us or subscribed before October 9, 2026, these Terms apply to you only after you accept them (for example, when you next place an order or accept them in your account). Until then, the terms you previously accepted continue to apply to your existing subscription, and Section 19 does not apply to any Claim that arose before you accepted these Terms. Subscription renewals are not new orders for purposes of this Section.

22. Termination

You may stop using the Services at any time. We may suspend or terminate your access to the Services, cancel orders and close your account if you breach these Terms, if we suspect fraud or abuse, if required by law, or if we discontinue a Service, with notice where practical and refunds where Section 8 or the Refund Policy requires. Termination does not affect Consultations already in progress, which the Clinician will complete or decline under the Telehealth Informed Consent. Sections 2, 5 to 7, 13 to 24 and any other terms that by their nature should survive will survive termination.

23. General terms

23.1 Governing law. These Terms and any Claim are governed by the Federal Arbitration Act (for Section 19) and otherwise by the laws of the State of California, without regard to its conflict-of-laws rules, except that if you live in another state, the consumer-protection laws of your state that cannot be waived by contract also apply to you.

23.2 Entire agreement. These Terms, with the documents they incorporate, are the entire agreement between you and HarlanMD about the Services and replace all earlier terms, including the "Terms of Use and Terms & Conditions of Sale" previously posted on the Site. Any product-specific or promotion-specific terms shown at the time of purchase also apply to that purchase.

23.3 Severability and waiver. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the rest will remain in effect, subject to Sections 19.8 and 19.10. Our failure to enforce a provision is not a waiver of it.

23.4 Assignment. You may not transfer these Terms or your account. We may assign these Terms to an affiliate or to a successor in a merger, acquisition or sale of assets, and we will post or send notice of any assignment.

23.5 Force majeure. We are not liable for delay or failure to perform caused by events beyond our reasonable control, including carrier delays, strikes, natural disasters, pandemics, utility or internet failures, government actions, or the unavailability of Clinicians or pharmacies. Force majeure never excuses a refund these Terms or the Refund Policy promise.

23.6 No third-party beneficiaries. Except for the HarlanMD Parties under Sections 17 to 20, no one other than you and HarlanMD has rights under these Terms.

23.7 Notices to you. We may give you notice by email to the address on your account or order, by text if you have opted in, or by posting on the Site. Notices are effective when sent or posted.

23.8 California residents. Under California Civil Code section 1789.3, California users are entitled to the following notice: the Services are provided by Wells & Millar, dba HarlanMD, 1301 N Broadway STE 33349, Los Angeles, CA 90012, (877) 465-7892, support@harlanmd.com. Complaints about the Services or requests for more information may be sent to that address. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Complaints about a physician may be made to the Medical Board of California, 2005 Evergreen Street, Suite 1200, Sacramento, CA 95815, (800) 633-2322, www.mbc.ca.gov, or to the medical board of the state where you were located during your consultation.

23.9 Accessibility. We want everyone to be able to use the Site, and we work toward the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you have difficulty using any part of the Site or these documents, email support@harlanmd.com or call (877) 465-7892 and we will help, including by providing information in an alternative format.

23.10 Headings and language. Headings and the "In short" summary are for convenience and do not affect interpretation. "Including" means "including without limitation".

24. How to contact us

Wells & Millar, dba HarlanMD
1301 N Broadway STE 33349
Los Angeles, CA 90012
Email: support@harlanmd.com
Phone: (877) 465-7892, Monday to Friday, 9 AM to 5 PM Pacific time
California corporation number C4653101

For questions about an open consultation, use the messaging in the MD Integrations patient portal so your Clinician sees them.