TERMS OF SERVICE
Last modified: August 12, 2025
Welcome to Pathway Drugs, Incorporated. These Terms of Service (“Terms”) govern your access to and use of our platform, including any content, functionality, and services offered by Pathway Drugs, Incorporated (“Pathway”) on or through our platform, websites, or any affiliated domains (collectively, the “Platform”).
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN PROVISIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE PLATFORM OR SERVICES FOR ANY REASON, INCLUDING BINDING ARBITRATION UNDER SECTION 11 BELOW.
By using our Services (as defined below) and Platform, you agree to be bound by these Terms. If you do not agree, you must not access or use our Services.
1. ACCEPTANCE; ELIGIBILITY
1.1 Acceptance
BY ACCESSING OR USING THE PLATFORM OR THE SERVICES, OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF SERVICE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US AND HAVE THE AUTHORITY TO DO SO EITHER ON YOUR OWN BEHALF OR ON BEHALF OF A COMPANY OR ANOTHER LEGAL ENTITY, THAT YOU RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES, AND THAT YOU HAVE READ AND UNDERSTAND, AND ACCEPT AND AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY, THESE TERMS IN FULL. IF YOU DO NOT AGREE TO THE TERMS, OR IF YOU OTHERWISE DO NOT MEET THE FOREGOING REQUIREMENTS IN ANY WAY, YOU MAY NOT ACCESS OR USE THE PLATFORM.
1.2 Eligibility
By using the Platform or Services, you represent and warrant that you are at least 18 years of age (or the legal age of majority in your jurisdiction), and that you are fully able and competent to enter into and abide by these Terms.
You are responsible for ensuring that your use of the Platform and Services complies with all applicable laws and regulations in your jurisdiction. We do not guarantee that the Platform or Services are available or appropriate in every jurisdiction.
1.3 Changes to the Terms
We reserve the right, in our sole discretion, to make changes or modifications to these Terms for the Platform or Services to reflect changes in applicable laws and regulatory requirements relating to the use of the Platform or Services, or to implement technical adjustments and improvements, or to respond to market requirements. All changes are effective immediately when we post them unless we expressly specify otherwise. In any event, no changes will apply retroactively as to any claims existing prior to the “last updated” date. It is your responsibility to regularly check these Terms to stay informed of updates, as they are binding. We will indicate that the Terms have been updated by updating the “last updated” date at the top of these Terms. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.
2. PLATFORM
2.1 Nature of Service
Pathway identifies potential licensed healthcare providers and pharmacies located outside the United States (collectively, the “Third-Party Providers”). The Platform can be used by patients who choose to import prescription medication for personal use from Third-Party Providers (the “Services”). While Services may be scheduled and/or managed on or through the Platform, Pathway is not a healthcare services provider, and Third-Party Providers are not employees, contractors, affiliates, or agents of Pathway.
2.2 Access Rights
Subject to and conditioned on your acceptance of and ongoing compliance with these Terms and your timely payment of all applicable fees, you are hereby granted a limited, revocable, non-exclusive, nontransferable, non-assignable, non-sublicensable right to use and access the Platform strictly in accordance with these Terms. Pathway may from time to time in its sole discretion develop and provide Platform updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Pathway has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the Platform and be subject to these Terms.
2.3 Responsibilities and Prohibited Activities
In connection with your access to the Platform and use of the Platform and Services, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct. Furthermore, as an express condition of your use of the Platform, you agree not to:
Use the Platform for any unlawful purpose under any applicable law, regulation, or as otherwise prohibited by these Terms;
Copy, reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof, or otherwise copy, download or print any visible content from the Platform other than as expressly permitted under these Terms or by Pathway in writing;
Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Platform;
Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform, including any copy thereof;
Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, or any features or functionality of the Platform, to any third party for any reason, including by making the Platform available on a network where it is capable of being accessed by more than one device at any time;
Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms, without Pathway’s prior written consent;
Frame, mirror, or otherwise incorporate the Platform or any portion of the Platform as part of any other mobile Platform, website, or service;
Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform;
Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Platform; or
Misrepresent your identity, credentials, or affiliation;
Submit false, misleading, or harmful information; or
Engage in any activity that could disable, disrupt, overburden, damage, impair, or interfere with the normal operation of the Platform, or any users use of the Platform.
Any use of the Platform in breach of these Terms may subject you to civil liability and/or criminal prosecution in addition to our discretionary exercise of our rights and remedies hereunder (which may include, without limitation, suspension and/or termination of your rights to use the Platform). If you become aware of or suspect any unauthorized use of the Platform, please contact us at support@viapathway.com.
2.4 Monitoring and Enforcement
You understand and agree that Pathway has the right to: (i) cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the Platform; (ii) disclose your identity or other information about you to any third party who claims that you have violated their rights (including their intellectual property rights or their right to privacy) on, through, or in connection with the Platform; (iii) terminate or suspend your access to all or part of the Platform for any or no reason, including, without limitation, any violation of these Terms; (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of, or acts or omissions in connection with, the Platform. YOU WAIVE AND HOLD HARMLESS PATHWAY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
2.5 Changes to Platform
Pathway has the right to cease or modify any and all Services provided by the Platform and any prices with respect to Services. Pathway may permanently or temporarily terminate of suspend your access to the Platform without notice and liability for any reason. Upon termination, you must immediately cease accessing or using the Platform and agree not access or make use of, or attempt to use, the Platform. Furthermore, you acknowledge that Pathway reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Platform. You understand that Pathway may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Pathway.
2.6 Price Changes
Pathway reserves the right, at its sole discretion, to change, modify, or update the prices for any Services offered through the Platform at any time. Any such changes will become effective immediately upon being posted on the Platform or otherwise communicated to you. It is your responsibility to review the Platform regularly for any updates to pricing. Continued use of the Services after any price changes have been made constitutes your acceptance of the new prices. If you do not agree to any price changes, your sole remedy is to discontinue use of the affected Services prior to the effective date of the change. Availability of products in connection with any Services may be limited and products may not be available for immediate delivery. Some products and services may not be available in certain areas.
3. USER ACCOUNT
To receive the Services, you are required to create an account (“Account”) on the Platform by providing certain registration details or other information. It is a condition of your use of the Platform that all the Account information you provide to us must be correct, current, and complete at all times. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized access to or use of any user name or password associated with any Account of yours, or any other breach of security.
4. THIRD-PARTY SERVICES AND RESOURCES
The Platform may connect you with or incorporate third-party services, or provide you with links that connect you with resources of a third party (“Third-Party Resource(s)”). Third-Party Resources are provided for your convenience only. We have no control over the contents of Third-Party Resource(s), nor can we control any Third-Party Resource(s), and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Resource(s) or engage any Third-Party Provider through the use of the Platform, you do so entirely at your own risk and subject to the any and all applicable terms and conditions for such third-party services or use for such Third-Party Resource(s).
5. DISCLAIMERS
5.1 Exclusion of Implied Warranties; Platform Provided “As Is”
The Services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Services or Platform are provided by Pathway on an “as is” and “as available” basis, unless otherwise specified in writing. Pathway makes no representations or warranties of any kind, express, implied, statutory, or otherwise, including, without limitation, (i) those related to title, merchantability, fitness for a particular purpose, satisfactory quality, and non-infringement, (ii) those arising out of course of dealing or usage of trade, (iii) that the access to or use of the Platform or the Services will be secure, timely, uninterrupted or error-free or will be compatible or operate in combination with any other hardware, software, system or data, and (iv) that the Platform, Third-Party Resources, or the Services will be free of harmful components. You expressly agree that your use of the Services is at your sole risk.
5.2 General Disclaimer; Assumption of Risk
All content on the Platform, including text, images, audio, or other formats, is created for informational purposes only. The Platform is not responsible for the accuracy of information provided by Third-Party Providers or for any healthcare services you receive. YOUR ACCESS TO AND USE OF THE PLATFORM, SERVICES, AND AVAILABLE CONTENT IS SOLELY AT YOUR OWN RISK.
5.3 No Medical Advice
UNDER NO CIRCUMSTANCES WILL ACCESS TO THE PLATFORM BE DEEMED TO CREATE A RELATIONSHIP BETWEEN ANY USER AND PATHWAY THAT INCLUDES THE PROVISION OR RENDERING OF HEALTH CARE, MEDICAL ADVICE, OR COMPLIANCE ADVICE OR COUNSEL. Information presented on the Platform is not intended as professional medical advice, diagnosis, or treatment or as a replacement for professional medical advice, diagnosis, or treatment. Always seek the advice of qualified professionals regarding specific conditions or situations. Do not disregard professional medical advice or delay in seeking it based on information obtained from the Platform.
5.4 Accuracy Disclaimer
The Platform attempts to ensure that the information provided is as accurate and up-to-date as possible. However, we do not warrant that any information is complete, accurate, reliable, or error-free.
5.5 Downtime Disclaimer
From time to time, interruptions, errors, delays, or other deficiencies in providing access to the Platform or a Service may occur due to a variety of factors, some of which are outside of Pathway’s control, and some which may require or result in scheduled maintenance or unscheduled downtime of the Platform (collectively, “Downtime”). Part or all of the Platform may be unavailable during any such period of Downtime, which may include an inability to access information, a respective Service, or a Third-Party Resource(s) in each case, at the time you intended. PATHWAY SHALL NOT BE LIABLE OR RESPONSIBLE TO YOU FOR ANY INCONVENIENCE, LOSSES OR ANY OTHER DAMAGES AS A RESULT OF DOWNTIME, INCLUDING, WITHOUT LIMITATION, YOUR INABILITY TO ACCESS THE PLATFORM OR ENGAGE OR TRANSACT WITH A THIRD-PARTY PROVIDER, AND/OR ENGAGE WITH ANY SERVICES, AS A RESULT OF SUCH DOWNTIME. YOU HEREBY WAIVE ANY CLAIM AGAINST THE PATHWAY IN CONNECTION WITH DOWNTIME.
6. INTELLECTUAL PROPERTY
6.1 Ownership
You acknowledge and agree that only limited access rights to the Platform are provided under these Terms and that the Platform is not, nor are other rights in or to the Platform, sold, to you. All right, title and interest in and to the content, features, and functionality on the Platform, including but not limited to text, graphics, logos, methods, processes, architectures, structures, functions, software, computer code, “look and feel,” organization, compilation of the content and all other elements of the Platform (“Pathway Materials”), are owned by Pathway, its licensors, and are protected by applicable intellectual property laws, and Pathway and its licensors shall retain their entire right, title, and interest in and to the Platform.
6.2 User Content
If you transmit any communication or material to us by mail, email, telephone, or otherwise through the Platform, suggesting or recommending changes to the Platform, including, without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. All Feedback is and will be treated as non-confidential, except as provided by applicable law. You hereby assign to us all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback. To the extent any personal data is included in connection with Feedback you provide, such personal data will be processed in accordance with our Privacy Policy.
7. LIMITATION OF LIABILITY
In no event will Pathway be liable to any party for any indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the Services or any use of the Services, or of any site, product or resource linked to, referenced, or accessed through the Platform, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Pathway is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories.
To the fullest extent not prohibited by applicable law, in no event shall the maximum aggregate liability of Pathway arising out of or in any way related to the Platform exceed the amounts received by Pathway directly from you as it relates to your use of the Platform (and not including any payments made to Third-Party Providers) in the three months preceding the event giving rise to the claim. The foregoing shall constitute Pathway’s sole liability and obligation, regardless of the form of action, whether based in contract, tort, or any other legal or equitable theory.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT THE LIABILITY OF EITHER PARTY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE. SOME JURISDICTIONS FURTHER DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. TCPA OPT-OUT
You represent and warrant that you are the owner of the phone numbers/e-mail addresses you provided to the Platform. By providing your phone number/e-mail address to the Platform, you expressly consent to Pathway calling you at this phone number, either in person or through an automated system. You further give permission to be contacted at the email address and/or phone number provided by autodialed calls/text messages and/or pre-recorded messages, by Pathway, about healthcare and consumer products/services, regardless of your status on any State or Federal Do Not Call list. Messaging and data rates may apply from your mobile carrier.
9. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Pathway and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from 1) your violation of these Terms; 2) your use of the Platform, including, without limitation, any use of the Platform’s content, Services, and products other than as expressly authorized in these Terms; or 3) your receipt of any Services.
10. TERMINATION
Pathway may terminate or suspend your account and access to the Platform or Services immediately, without prior notice or liability, if you breach any of the Terms. Upon termination, your right to use the Platform or receive Services will cease immediately.
11. DISPUTE RESOLUTION; GOVERNING LAW
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
11.1 Governing Law
Any dispute arising from any use of the Platform or Services or these Terms, their interpretation, and all subject matter related to use of the Platform or Services, or these Terms, will be governed by and construed in accordance with the laws of Delaware, without giving effect to any principles of conflicts of law.
11.2 Arbitration
Disputes arising from any use of the Platform or Services or any dispute regarding these Terms shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. This “Arbitration Agreement” applies to and governs any dispute, controversy, or claims between you and Pathway that arises out of or relates to, directly or indirectly, (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (ii) access to or use of the Platform, including receipt of any advertising or marketing communications; (iii) any Services provided, or facilitated by Pathway; or (iv) any other aspect of your relationship or transactions with Pathway, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to this Arbitration Agreement. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited (if any) review by courts. Arbitrators can award the same damages and relief that a court can award. NOTWITHSTANDING THE FOREGOING, THIS ARBITRATION AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY PATHWAY FOR: (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; (4) TRADEMARK INFRINGEMENT OR DILUTION; OR (5) ANY OTHER CLAIM FOR WHICH INJUNCTIVE RELIEF IS APPROPRIATE IN THE SOLE DISCRETION OF PATHWAY.
11.3 Class Action/Jury Trial Waiver
You agree that you will not file or participate in a class action against Pathway. You and Pathway each waive any right to a trial by jury or to participate in a class action. You and Pathway agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or member of any class, collective, or representative proceeding. Further, unless both you and Pathway agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
11.4 Hearing Format
Unless otherwise agreed, the arbitration shall take place in Delaware, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Pathway or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Pathway is entitled. The discovery or exchange of non-privileged information relevant to the dispute may be allowed during the arbitration.
11.5 Notice
A party who intends to seek arbitration must send a written notice of the dispute to the other party by electronic mail to the contact below (“Notice”).
Pathway’s email address for notice is: support@viapathway.com
The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement within 30 days after the Notice is received, you or Pathway may commence an arbitration proceeding. The parties to the arbitration shall each pay an equal share of the costs and expenses of such arbitration, and each party shall separately pay for its respective counsel fees and expenses.
11.6 Opt-Out
You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this section by sending a written notification to Pathway at the email address set forth in Section 11.5 above, within thirty (30) calendar days of your initial agreement to these Terms (including your first use of the Platform) that specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this section. In the event that you opt-out consistent with the procedures set forth above, all other provisions of these Terms shall continue to apply.
11.7 Severability
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
12. MISCELLANEOUS
12.1 Entire Agreement
These Terms, together with our Privacy Policy, and Consent Form constitute the entire agreement between you and Pathway regarding the Platform and Services, and supersede all agreements and understandings.
12.2 Waiver
No waiver by Pathway of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
12.3 Assignment
Pathway may assign its rights and obligations under these Terms without notice to you. You may not assign these Terms or transfer any rights to use the Platform without the prior written consent of Pathway.
12.4 Contact Us
If you have any questions about these Terms, the Platform, or Services, please contact us at:
Email: support@viapathway.com
By using the Platform or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
12.5 Survival
All provisions of these Terms, which by their nature should survive termination, shall survive the termination of your access to the Platform or receipt of Services, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
12.6 No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Pathway is intended or created by these Terms. You are not Pathway’s representative or agent, and may not enter into an agreement on Pathway’s behalf.
12.7 Privacy
Pathway’s current privacy policy is available on the Platform (Privacy Policy), which is incorporated by this reference. In accordance with the Privacy Policy, we may collect information about the location of your device each time you use the Platform, or when you otherwise consent to the collection of this information.
12.8 Changes to Terms
These Terms are effective as of the “Last updated” date identified at the top of this page. Pathway expressly reserves the right to change these Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Terms from time to time and to familiarize yourself with any modifications. Your continued use of the Platform or receipt of Services after such modifications will constitute acknowledgement of the modified Terms and to abide and be bound by the modified Terms.
12.9 General Terms and Conditions
If any part of these Terms is held invalid or unenforceable, the remaining portions will remain in full force and effect. Any failure on the part of Pathway to enforce any other provision of this Agreement will not be considered a waiver of our right to enforce such provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such terms or any other terms. Pathway’s rights under this Agreement will survive any termination of this Agreement.
You acknowledge that you have read these Terms, understand the Terms, and will be bound by these Terms and related conditions. You further acknowledge that these Terms, together with the Privacy Policy and Consent Form, represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this agreement.