DO NOT USE THE SERVICES IF YOU HAVE A MEDICAL EMERGENCY. IF YOU ARE HAVING A MEDICAL EMERGENCY, PLEASE DIAL 911 OR GO IMMEDIATELY TO THE EMERGENCY ROOM.
These Terms of Service ("Terms") govern your access to and use of the Oak Hard website, located at https://www.oakhard.com (the "Website"), operated by Scaling Telehealth LLC doing business as Oak Hard ("Oak Hard"), and any related Oak Hard applications (together with the Website, the "Platform") and services that facilitate direct access to certain erectile dysfunction (ED) and related men's health services provided by physicians or other healthcare providers who are contracted with or employed by third-party physician practices who may order certain prescription medications and other products from pharmacies, including those pharmacies that are contracted with Oak Hard, and for the payment of these services (collectively, the "Services").
Warranty Disclaimers and Liability Limitations
While there are important points throughout these Terms, please note that the warranty disclaimers and limitations on our liability are explained in Section 10.
Mandatory Arbitration Notice
Section 11 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis to resolve disputes. This means that you and Oak Hard are each giving up rights to bring claims against each other in court or in class actions of any kind.
Refund and Cancellation Notice
Section 5A of these Terms contains our Refund and Cancellation Policy. All sales are final once a licensed healthcare provider has prescribed your medication, except as set out in Section 5A, including our First-Month Guarantee. Please read Section 5A carefully before completing checkout.
Privacy
For more details about how we handle personal information, please review our Privacy Policy.
YOU UNDERSTAND THAT BY CLICKING "I ACCEPT", "I AGREE", OR SIMILAR, OR BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE OR ANY OTHER ASPECT OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS, INCLUDING THE REFUND AND CANCELLATION POLICY IN SECTION 5A. IF YOU DO NOT OR CANNOT ACCEPT ANY PART OF THESE TERMS, YOU CANNOT ACCESS, BROWSE, OR OTHERWISE USE THE SERVICES.
Section 1: Basic Terms
OAK HARD IS NOT A HEALTHCARE PROVIDER.
Oak Hard acts as a technology platform to facilitate access to independent, third-party, qualified healthcare professionals who practice through independent, third-party, affiliated professional medical practices (collectively, the "Medical Practice" and such healthcare professionals, "Clinicians") and pharmacies.
By using the Services, you may be entering into a physician-patient relationship or other provider-patient relationship with Clinicians. Oak Hard is not a healthcare provider or pharmacy and does not offer or provide medical advice, treatment recommendations, or pharmacy services. You acknowledge that you are not entering into a physician-patient relationship with Oak Hard, and that Oak Hard is not liable for any advice, medical care, or treatment you receive from Clinicians or pharmacies affiliated with Oak Hard ("Pharmacies"), or for any consequences, injury, or harm that may result therefrom.
Clinicians provide specific medical consultations through the Services. Oak Hard does not own the Medical Practice, nor does Oak Hard control the practice of medicine by the Medical Practice or Clinicians. The content of the Services, including text, audio, video, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, or treatment by Oak Hard.
While you are not establishing a doctor-patient relationship with Oak Hard, you are establishing a direct customer relationship with Oak Hard to use the platform and related services. You may provide personal and health information, which will be used in accordance with our Privacy Policy.
You are responsible for ensuring that all information you provide is accurate and complete. Oak Hard is not liable for damages resulting from inaccurate or incomplete information.
Telehealth services may not be a substitute for in-person care. The Services are limited to certain medical conditions. If you feel unwell, contact your primary care physician.
Prescription Fulfillment Services
A licensed provider must review your information; if appropriate, a prescription will be issued. Every Oak Hard product requires a valid prescription. Certain products require a valid prescription from a licensed healthcare provider. Prescriptions may be filled through affiliated Pharmacies or sent to a pharmacy of your choice. If you choose a non-affiliated pharmacy, you assume all risk and responsibility, and Oak Hard is not liable for any resulting issues.
You authorize Oak Hard to share relevant personal and health information with Pharmacies as needed to fulfill prescriptions.
Section 2: Eligibility to Use the Services; Availability
You must be at least 18 years old and capable of forming a binding contract. You may only use the Services in compliance with applicable laws.
The Services may change or be discontinued at any time without notice. Oak Hard may impose limits or restrictions at its discretion.
Some Services may only be available in certain states.
Section 3: Registering for an Account
You must create an account to use the Services and provide accurate information, including completing a medical intake and identity verification.
Prescription Products — Final Sale
Some products available through the Services require a valid prescription from a licensed healthcare provider. Once a Clinician has prescribed a medication and the order has been transmitted to a Pharmacy for fulfillment, the sale is final and non-refundable. Prescription medications cannot be returned, exchanged, or refunded once dispensed, in accordance with federal pharmacy regulations (including 21 C.F.R. § 205.50) and applicable state pharmacy law. This restriction exists for patient safety and supply-chain integrity reasons and applies to all licensed telehealth pharmacies in the United States. The full Refund and Cancellation Policy, including the limited exceptions to this rule, is set out in Section 5A.
Oak Hard does not endorse specific medications or providers.
Section 4: Passwords
You are responsible for safeguarding your credentials. Notify support@oakhard.com immediately of any unauthorized use.
Section 5: Payment for the Services
You agree to pay all applicable fees for the Services, including any fees for medical consultations, prescription medications, and subscription products you order. Prices may change at any time, and any changes will apply to future orders only. Delivery estimates are provided in good faith but are not guaranteed.
When you submit an order for a prescription product, your payment method will be pre-authorized for the order amount. You will only be charged if and when a licensed Clinician reviews your information and prescribes the medication. If the Clinician does not issue a prescription, the pre-authorization will be released and you will not be charged.
Once the Clinician issues a prescription and the order is transmitted to a Pharmacy, your payment method will be charged and the sale becomes final, subject only to the limited exceptions, including the First-Month Guarantee, described in Section 5A.
Government health programs do not cover the Services.
Communication Preferences
By creating an account, you consent to receive communications from Oak Hard. Message and data rates may apply.
Electronic communications may be unencrypted. Oak Hard is not responsible for unauthorized access during transmission.
Marketing communications may be opted out of at any time.
Electronic Notices and Signatures
Electronic consent and signatures are legally binding.
Section 5A: Refund and Cancellation Policy
This Section 5A sets out Oak Hard's Refund and Cancellation Policy in full. By completing checkout, you acknowledge that you have read, understood, and agreed to this policy.
All Sales Final Once Prescribed
By completing checkout and submitting your order, you acknowledge and agree that all sales are final once a licensed Clinician has prescribed your medication and the order has been transmitted to a Pharmacy. This applies whether or not the order has shipped at the time of your cancellation request, and whether or not you have received the medication.
Refund Eligibility — Limited Exceptions
Refunds are available only in the following three circumstances:
(a) Medical Disqualification Before Prescription. If, after reviewing your medical intake, a Clinician determines that you are not a suitable candidate for the requested medication and no prescription is issued, the pre-authorization on your payment method will be released or, if a charge has been made, you will receive a full refund.
(b) Damaged or Incorrect Shipment. If your shipment arrives damaged, contains an incorrect medication or dosage, or is materially different from what was prescribed, contact support@oakhard.com within seven (7) days of delivery. Upon verification, we will arrange a replacement or, on a case-by-case basis, a refund.
(c) First-Month Guarantee. If you are not satisfied with your first month of treatment, email support@oakhard.com within thirty (30) days of delivery of your first order. Your Clinician may first offer to adjust your dose. If you remain unsatisfied, we will refund the amount paid for your first order. This guarantee applies once per patient, to the first order only, and not to refills or later orders.
No Other Refunds or Cancellations
Outside of the three exceptions above, prescribed medications are not eligible for refund, return, exchange, or cancellation under any circumstances, including but not limited to:
- Change of mind or buyer's remorse;
- Forgotten or unexpected subscription renewals;
- Dissatisfaction with results or rate of progress;
- Side effects within the range disclosed by your Clinician;
- Decision to pursue alternative treatment;
- Inability to continue treatment for personal, financial, or other reasons;
- Failure to use, store, or administer the medication as directed; or
- Any reason not expressly listed in subsection (a), (b) or (c) above.
This policy reflects federal pharmacy regulations (21 C.F.R. § 205.50) and applicable state pharmacy law, which prohibit licensed pharmacies from accepting the return of dispensed prescription medications into inventory. This restriction is industry-wide and is not unique to Oak Hard.
Subscription Cancellation
You may cancel your recurring subscription at any time by emailing support@oakhard.com or through your Oak Hard account. Subscription cancellation prevents future orders from being placed but does not entitle you to a refund of any order that has already been prescribed or processed by a Pharmacy at the time of cancellation. To avoid being charged for a renewal order, you must cancel your subscription before the next renewal date.
Disputed Charges and Chargebacks
Filing a chargeback or payment dispute with your card issuer for a prescribed medication that has been dispensed and delivered does not modify the obligations under this Section 5A. Oak Hard reserves the right to contest such disputes and to provide payment processors and card networks with evidence of: your account registration and identity verification; your medical intake submission; the Clinician's prescription; pharmacy dispensation; delivery confirmation; the contents of these Terms; and any communications between you and Oak Hard regarding the order. Filing an unwarranted chargeback may result in suspension or termination of your Oak Hard account.
Contacting Support
If you believe you qualify for a refund under subsection (a), (b) or (c) above, or if you have any questions about this policy before completing checkout, please email support@oakhard.com. Oak Hard operates email-only support to maintain HIPAA compliance.
Section 6: Content Regarding the Services
Oak Hard does not verify third-party content. Use is at your own risk.
Section 7: Oak Hard's Rights
Oak Hard owns all intellectual property related to the Services. Feedback may be used without obligation.
Section 8: Restrictions on Use of the Services
You agree not to misuse the Services, violate laws, infringe rights, attempt unauthorized access, or engage in harmful or deceptive behavior. You also agree not to file fraudulent or unwarranted payment disputes for orders that have been prescribed, dispensed, and delivered in accordance with these Terms.
Oak Hard may suspend or terminate access at its discretion, including in cases where a user files an unwarranted chargeback in violation of Section 5A.
Assumption of Risk & No Medical Liability
You acknowledge that Oak Hard does not provide medical advice and is not liable for user-generated content or medical outcomes.
Section 9: Termination
You may deactivate your account or cancel your subscription at any time by contacting support@oakhard.com or by using the controls in your Oak Hard account. Account deactivation and subscription cancellation are subject to the Refund and Cancellation Policy in Section 5A; in particular, deactivating your account does not entitle you to a refund of any order that has already been prescribed or processed by a Pharmacy.
Oak Hard may terminate access at any time, including for violations of these Terms or for filing unwarranted chargebacks.
Section 10: Disclaimers, Limitation of Liability, and Indemnity
The Services are provided "AS IS." Oak Hard disclaims all warranties and limits liability to the maximum extent permitted by law.
Maximum liability shall not exceed the greater of $100 or amounts paid in the past six months.
You agree to indemnify and hold harmless Oak Hard and its affiliates.
Section 11: Dispute Resolution and Arbitration Agreement
All disputes must be resolved through binding individual arbitration.
You may opt out within 30 days by emailing support@oakhard.com.
No class actions permitted.
Section 12: Miscellaneous Terms
These Terms are governed by Delaware law.
California residents have specific consumer rights.
These Terms constitute the entire agreement.
Oak Hard may update these Terms at any time. Material changes to the Refund and Cancellation Policy in Section 5A will apply only to orders placed after the effective date of the change.
Contact Us
Email: support@oakhard.com
Mail: Scaling Telehealth LLC d/b/a Oak Hard
8 The Green, Suite B
Dover, Delaware 19901