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Terms of service
Terms of Use
Last Modified: May 20, 2026
IMPORTANT: THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND DR. SIMI ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
1. Acceptance of the Terms of Use
These Terms of Use are entered into by and between you and Farmacias de Similares TX LLC dba Dr. Simi (“Company”, “we”, or “us”). The following terms and conditions (collectively, “Terms of Use”) govern your access to, use of, and service of dr.simi.com (“Website”), including any content, application, functionality, products, and services offered on or through the Website, whether as a registered user or guest.
Please read the Terms of Use carefully before you begin use of the Website. By browsing, using the Website, or by clicking to accept, consent, or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use.
If you do not want to agree to these Terms of Use, you must not access or use the Website.
THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION, JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. PLEASE REVIEW THESE PROVISIONS CAREFULLY.
This Website is offered and available only to users who are eighteen (18) years of age or older. Minors are prohibited from access to this Website, and only those users who are eighteen (18) years or older may register for an account. By using the Website, you affirm that you are of legal age to enter into this Agreement.
In the event of purchase of our services or products, you agree that you shall not use our materials or products for any illegal or unauthorized purpose. If you are in a jurisdiction or territory in which access to the Website, its content, or its products are illegal, you must not access or use the Website. Dr. Simi bears no liability for your violation of applicable laws, and you assume risk of use of the Website.
By using this Website, you represent and warrant that you are of legal age to form a binding contract with Dr. Simi and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
2. Changes to the Terms of Use
Dr. Simi may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately upon posting to the Website and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to read these Terms of Use frequently when you access this Website so that you are aware of any changes, as they are binding on you. Your continued use of the Website following any updates to this Agreement shall constitute notice and acceptance of any such updates.
3. Accessing the Website
We reserve the right to withdraw or amend this Website, and any product or service we provide on the Website, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
You may be required to create a user account or otherwise register to access and use the Website. You agree to maintain confidentiality of your password and to not share it with any third party. We reserve the right to remove or terminate your account or to modify your username as we deem appropriate, in our sole discretion.
4. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
5. Online Orders
When placing an order on our Website, you are offering to purchase our products, goods, and/or services.
We reserve the right to accept or reject any order at our own discretion. In the event of acceptance of your offer, you will receive a confirming email at the email address that you provide to us during checkout.
5.1 Payment Terms
All applicable prices are set forth alongside the goods, products, and services offered on the Website. They may differ from the prices offered elsewhere, either online or offline, by us or by our distributors for the same products and/or services. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit card, debit card, or use of a bona-fide third party electronic payment provider, such as digital wallet. At this time, our accepted credit cards include, but are not limited to, Visa, Mastercard, Discover, and American Express. By using any such card or payment provider, you represent and warrant that you have authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation and that the account information you provide is accurate. Dr. Simi reserves the right to correct any pricing errors, even after the initial purchase order or fulfillment, and to limit or prohibit orders that appear to be placed by resellers, distributors, or dealers.
5.2 Shipping
If the product is eligible for shipment, we will ship your accepted order to you at the address you provide when making the order. Shipping is currently available within the United States only (excluding Alaska, Hawaii, Puerto Rico, and U.S. territories). Shipping costs are based on the weight of your order, the delivery method, and delivery location. To find out how much your order will cost, simply add the items you would like to purchase to your cart and proceed to the checkout page. Once at the checkout screen, shipping charges will be displayed. Additional shipping charges may apply to remote areas or for large or heavy items. You will be advised of any charges on the checkout page. You will be responsible for all associated shipping & handling charges, unless an offer for free or reduced shipping applies. Free shipping applies to orders over $35 USD (before taxes and after discounts). Orders under $35 USD are charged a flat shipping rate calculated at checkout. While we agree to use reasonable efforts to meet the shipping and delivery dates which may be provided online, Dr. Simi shall not be responsible for any delays in shipments, nor for any third-party carrier delays that are beyond our control.
An estimated delivery time will be provided once your order is placed. Delivery times are estimates only, and commence from the date of shipping, rather than the date of order. Unless there are exceptional circumstances, we make every effort to process your order within one (1) to two (2) business days of the date of your order. Standard delivery time is typically 3–7 business days, depending on your location. Business day means Monday to Friday, except holidays. Please note that delivery times may vary during high-volume periods or promotions. If you have any questions about the delivery and shipment or your order, please contact customerservice@drsimi.com or call+1 855-280-1079.
5.3 Delivery Confirmation; Incorrect Address; Stolen Packages.
You are responsible for providing a complete, accurate, and deliverable shipping address at checkout. Dr. Simi is not responsible for delays, failed deliveries, misdeliveries, or lost packages resulting from an incorrect, incomplete, outdated, or undeliverable address provided by you.
For purposes of these Terms, delivery confirmation, carrier tracking information, delivery photographs, scan records, or other carrier documentation may be used by Dr. Simi to determine whether an order was delivered. If an order is confirmed as delivered to the shipping address provided at checkout or otherwise confirmed by you, Dr. Simi may treat the order as delivered.
Dr. Simi is not responsible for theft, loss, damage, or unauthorized removal of packages after confirmed delivery to the shipping address provided by the customer, except where required by applicable law. However, Dr. Simi may, in its discretion and as a customer service accommodation, review delivery-related claims and may offer a refund, replacement, store credit, or other resolution in accordance with the Refund Policy.
Dr. Simi may require additional address verification, signature confirmation, delivery instructions, or other reasonable safeguards for certain orders, including high-value orders, orders associated with prior delivery claims, or orders flagged for fraud-prevention or delivery-risk reasons. If additional verification is requested and not provided within the timeframe stated in our Refund Policy or communicated by Customer Service, Dr. Simi may cancel the order and issue any applicable refund to the original payment method.
Beginning with a customer’s third delivery-related claim, Dr. Simi may conduct additional internal review before approving any refund, replacement, store credit, or other accommodation. Dr. Simi reserves the right to deny claims, limit remedies, require additional delivery safeguards, suspend or cancel orders, or restrict future purchases where delivery-related claims appear unsupported, excessive, inconsistent, abusive, or potentially fraudulent, to the extent permitted by applicable law.
5.4 Returns, Damaged Packages, and Cancellations
Dr. Simi’s Refund Policy may be found here and is incorporated by reference. Returns, refunds, replacements, store credits, delivery-related claims, damaged packages, incorrect orders, cancellations, and other post-purchase remedies are subject to the eligibility requirements and notice deadlines set forth in the Refund Policy. The Company reserves the right to dispute and pursue any fraudulent, abusive, unsupported, or excessive chargebacks for credit or debit card purchases. To the extent permitted by applicable law, receipt of your shipment, including delivery confirmed by carrier tracking, delivery photograph, scan record, or other carrier documentation, may constitute acceptance of the goods or products ordered, subject to any rights or remedies expressly provided in the Refund Policy or required by applicable law.
Dr. Simi thoroughly inspects packages carefully prior to shipment and takes proper precautions to secure the product carefully during transit. We understand that damage may occur during shipment. Please check your shipment carefully upon arrival to ensure that it has not been damaged during shipping. Please notify promptly and in any event within seventy-two (72) hours after delivery if it appears the packaging has been damaged or tampered with at customerservice@drsimi.com or call +1 855-280-1079.
Orders which may be cancelled prior to shipping will receive a full refund to the original payment method. If Dr. Simi receives a cancellation request prior to shipping, the Company will cancel your order where possible and process a refund to your original payment method. To cancel an order, please contact customerservice@drsimi.com. Orders cannot be cancelled after shipment.
Address Verification; Unconfirmed Shipping Address. Dr. Simi may place an order on hold and request a verified/confirmed shipping address if: (i) you request to change your shipping address after placing the order, or (ii) our systems require address verification for operational, fraud-prevention, or delivery reasons. We may contact you using the information provided at checkout to request address confirmation/verification. If we do not receive a verified/confirmed shipping address within ten (10) calendar days from our first request (by any available communication channel), we may cancel the order. When applicable under our Return/Refund Policy, we may issue an automatic refund to the original payment method. Orders cannot be shipped until the address is confirmed. If an order is cancelled due to lack of address confirmation, you may place a new order with a verified address.
6. Discount Codes
Discount codes have no cash value. Discount counts cannot be redeemed for cash and cannot be combined with any other offers. Orders are limited to use of one discount code. Discount codes generally expire and are no longer valid for redemption ninety (90) days after their date of generation, but certain discount codes may have their own redemption period as specified in connection with the discount code itself. Unauthorized reproduction, resale, modification, or trade of discount codes is prohibited. Discount codes are void where prohibited, taxed, or restricted. Dr. Simi reserves the right to change or limit discount codes in its sole discretion.
7. No Substitute for Medical Advice or Care
Certain materials, products, and/or ingredients in our products may not have been approved or endorsed by the United States Food and Drug Administration (“FDA”) or any regulatory agency. The products on the Website are not intended to diagnose, treat, mitigate, cure, or prevent any disease. The information on the Website or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, you should consider consulting with a physician before using any of our products.
OTC Products. Over-the-counter (“OTC”) products must be used strictly in accordance with their Drug Facts label and any accompanying instructions. The Drug Facts label controls in the event of any inconsistency with the website content. You are responsible for proper use, including reading warnings and directions, and for consulting a healthcare professional as appropriate. The Company is not responsible for misuse, use contrary to labeling, or failure to follow warnings and directions.
8. Health Content
The Website is for reference only, and it should never be used to determine treatment for any medical condition. Any material or products offered on the Website are not substitutes for medical advice, diagnosis, or treatment. You should discuss any questions you may have related to medical advice, diagnosis, or treatment with a licensed professional health care provider. Treatment of any health conditions is dependent upon a number of factors, including, but not limited to, your medical history, medication, diet, lifestyle, and more. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting a supplement, fitness, or diet.
Any information or statements about dietary supplements on the Website have not been evaluated by the US Food and Drug Administration and are not intended to diagnose, treat, cure, mitigate, or prevent any disease or health condition. The Website may relay manufacturers or others’ claims about the products, including but not limited to, claims related to their efficacy. Dr. Simi expressly does not endorse, recommend, guarantee, or warrant any third-party claims about the products. Dr. Simi disclaims any guarantee or warranty, whether express or implied, with respect to the Website and products offered thereon, including any warranty of merchantability or fitness for a particular purpose.
9. California Proposition 65.
For products shipped to California, certain products may require a Proposition 65 warning. Where applicable, such warning may appear on the product page, on the product packaging, or otherwise in connection with the product. For more information, please visit www.P65Warnings.ca.gov.
10. Intellectual Property Rights
The Website and its contents, features, and functionality, including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by Dr. Simi, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use and incorporated policies permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.
All third-party intellectual property (including word marks, logos, and icons) referenced on the Website remain the property of their respective owners. Dr. Simi’s display or use of third-party trademarks does not indicate any relationship, sponsorship, affiliation, or endorsement between Dr. Simi and the owners of these trademarks. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any third-party trademark. Any references on the Website to third party trademarks is solely to identify the corresponding third-party goods and/or services and shall be considered nominative fair use under the trademark law.
11. Copyright Infringement
Dr. Simi respects the intellectual property of others and expects our users to do the same. We take complaints of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law.
This Website qualifies as a Service Provider within the meaning of 17 U.S.C. § 512(k) of the Digital Millennium Copyright Act (“DMCA”). Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the safe harbor provisions. To that end, and in accordance with the DMCA, 17 U.S.C. § 512, Dr. Simi has implemented procedures for reporting instances of copyright infringement.
11.1 Reporting Claims of Copyright Infringement
If you are a copyright holder, or its authorized representative, and believe in good faith that content residing or accessible on or through our Website infringes your copyrighted work, you may submit a notice of copyright infringement by sending written notice of copyright infringement to our designated agent (“Agent”) electronically at dataprivacy@drsimi.com or via mail to:
Farmacias de Similares TX LLC dba Dr. Simi
ATTN: DMCA Agent
800 Brazos St, Suite 260, Austin, TX 78701.
Your notice of copyright infringement should provide the following information:
1. A direct link to any copyrighted work that you claim has been infringed and a clear description of the copyrighted work that you claim has been infringed (if multiple copyrighted works are covered by a single notification, you may provide a representative list of such works);
2. A description of the material on our Website that you claim is infringing;
3. Information reasonably sufficient to permit us to locate the allegedly infringing material (please be as detailed as possible and provide web addresses (URLs) leading directly to the material);
4. Your contact information, including your address, telephone number, postal address, and an e-mail address;
5. A statement that you have a good faith belief that use of the copyrighted materials in the manner asserted is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf;
7. A statement that the information in the written notice is accurate; and
8. Your physical or electronic signature (typing your full legal name is sufficient).
Please do not send any other information to our Agent. Please note that if you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. If you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If notice is effective, we may forward the notice of copyright infringement or information contained therein, as well as the Complainant’s contact information, to the user who posted the allegedly infringing content. Additionally, if we remove or disable access to the content pursuant to a valid DMCA notice, Dr. Simi will immediately notify the user that the content has been removed or disabled.
11.2 Counter-Notification Procedures
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include the following:
1. Your physical or electronic signature;
2. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
4. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled because of a mistake or misidentification of the material to be removed or disabled; and
5. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly and materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
11.3 Repeat Infringers
It is also the policy of Dr. Simi, in appropriate circumstances and in its sole discretion, to suspend or terminate the accounts of users who are repeat copyright infringers.
12. Prohibited Services
You may use the Website solely for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
· In any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the US or other countries.
· To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam,” or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, including, without limitation, by using e-mail addresses associated with any of the foregoing.
· To infringe the intellectual property rights of others.
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
· Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
· Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Website.
· Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful to the Website or its servers or databases.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.
13. Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Notice[CS1] . By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.[OdlPM2]
14. User Content
We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Website and the services or products offered thereon. Dr. Simi shall become the owner of any reviews, comments, suggestions, or other feedback regarding the Website or services or products offered through the Website posted to the Website or on Dr. Simi’s social media pages (collectively, "Feedback") and it may share Feedback with any of its affiliates. Dr. Simi will not be required to treat any Feedback as confidential and will not be liable for any Feedback posted on the Website or elsewhere. Without limitation, Dr. Simi will have exclusive ownership of all present and future existing rights to the Feedback and will be entitled to use of the Feedback for any commercial or other purpose whatsoever, including but not limited to advertising and promotional use on social media platforms, without compensation to you or any other person sending the Feedback.
To the extent that you decide to post any content (“User Content”) on the Website or on Dr. Simi’s social media pages, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have written permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Dr. Simi all of the license rights granted herein. You acknowledge that you are responsible for whatever material you submit, and that you have sole responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright. Dr. Simi may refuse to accept or transmit User Content and shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.
Customer reviews and other user submissions are subject to our Customer Reviews Policy [insert link],[OdlPM3] which describes how reviews are collected, moderated, and displayed.
License to User Content. If you post, upload, submit, or otherwise make available any content, including photos, videos, text, or other materials (“User Content”), you grant Dr. Simi, its affiliates, and service providers a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify, publish, translate, create derivative works from, distribute, publicly perform, and display such User Content for the purposes of operating, improving, and marketing the Website and our products and services, in any media now known or later developed.
To the extent your User Content includes your name, image, likeness, voice, or persona, you grant the same license to use such elements as part of the User Content. You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate any third-party rights
15. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and we 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 websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of service for such websites.
16. Third Party Resources
The Website may contain links to, or may make available, third-party sites, products, information, content, merchandise, services, or other resources (“Third Party Resources”). Dr. Simi does not control any third-party content and makes no guarantees about such Third-Party Resources, nor does it endorse or otherwise sponsor such resources. Dr. Simi expressly disclaims any express or implied warranties related to the Third-Party Resources, including but not limited to, the accuracy of such materials, the accessibility of such materials, or their security. Dr. Simi is not responsible for the privacy or security of any information you share with a third party, including payment information.
17. Accessibility
We are committed to providing a website experience that is accessible to as many users as reasonably possible. If you have difficulty accessing any content or features on the Website or need assistance, please contact us at customerservice@drsimi.com or +1 855-280-1079 and we will work with you to provide reasonable support. Certain third-party content or integrations may not be fully accessible, and we are not responsible for the accessibility of Third-Party Resources.
18. Right of Termination
We may suspend or cancel your access to the Website, at our sole discretion, without notice or refund to you if you violate these Terms of Use. Your license to use the Website automatically terminates upon your termination from access. All provisions of these Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You acknowledge and understand that our rights regarding any content you submitted to the Website before your access being terminated, including Feedback, shall survive termination.
19. Disclaimer of Warranties
DR. SIMI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS ARE SOLD ‘AS IS’ AND ‘AS AVAILABLE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Limitation on Liability
IN NO EVENT WILL DR. SIMI, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF SERVICE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some, or all, of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
To the maximum extent permitted by law, the total aggregate liability of Dr. Simi and its affiliates, licensors, and service providers arising out of or relating to these Terms of Use, the Website, or any products purchased through the Website shall not exceed the amount paid by you to the Company for the product(s) or service(s) giving rise to the claim.
21. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys' fees, arising out of or relating to your violation of these Terms of Use and incorporated Policies or your use of the Website, including, but not limited to, any infringement of a third-party’s intellectual property rights, any misuse of the products, materials, or services, any use of the Website's content, services, and/or products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
22. Dispute Resolution; Class Action and Mass Action Waiver; Binding Arbitration
In an effort to accelerate resolution and reduce the cost of any dispute related to, or arising out of, these Terms of Use and incorporated Policies, the products, or any service or other offerings on the Website, you agree to first attempt to negotiate in good faith any Dispute informally for at least sixty (60) days with Dr. Simi before either party institutes any arbitration. The negotiation period begins upon receipt of written notice by the party raising the Dispute. Notice may be sent via electronic mailing to notifications@drsimi.com. You consent to receipt of notice from the Company via electronic mailing to your email address provided to Dr. Simi during checkout on the Website.
If the Dispute cannot be resolved by negotiations after the expiration of the sixty (60) day negotiation period, either party may elect to have the Dispute finally and exclusively resolved by submission to binding arbitration. YOU AND DR. SIMI AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and Dr. Simi each agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, collective action, or Mass Action to the maximum extent permitted by law. “Mass Action” means a situation in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than one hundred (100) arbitration Demands with common questions of law or fact against Dr. Simi within 180 days of initiating your arbitration Demand.
Any arbitration required by the Arbitration Agreement shall be initiated by You or Dr. Simi by sending the other a written demand for arbitration (“Demand”), which shall be sent only via first-class mail, UPS, or FedEx within the statute of limitations period. Your Demand shall be delivered to: Farmacias de Similares TX LLC dba Dr. Simi 800 Brazos St, Suite 260, Austin, TX 78701. Your Demand must include (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) the original personal signature of the party seeking arbitration; and (v) the original personal signature of any legal counsel or other representative purporting to represent the party seeking arbitration. For purposes of this paragraph, “original personal signature” does not include any digital, scanned, electronic, copied, or facsimile signature. An original personal signature on the Demand certifies the following: (i) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The original personal signature by the party seeking arbitration shall verify under penalty of perjury that the factual statements contained in the Demand are true and correct. Compliance with this paragraph tolls any applicable statute of limitations as to any dispute or claim subject to the Arbitration Agreement that is stated in the Demand.
A party seeking arbitration of any dispute or claim subject to the Arbitration Agreement shall submit a copy of the Demand to the American Arbitration Association (“AAA”) sixty (60) or more days after the Demand is initiated. The arbitration will be administered by the AAA pursuant to the current AAA Consumer Arbitration Rules, except to the extent modified by these Terms of Use. The AAA rules and instructions are available on the AAA website at www.adr.org/consumer.
Arbitration Procedure: In any arbitration of a dispute or claim that is subject to the Arbitration Agreement:
You or Dr. Simi may file any dispositive motions permitted by the Federal Rules of Civil Procedure without obtaining permission from the arbitrator. Upon the filing of any dispositive motion, the arbitrator may stay all further action and deadlines in the arbitration until deciding such motion.
The parties shall have the right to conduct such discovery from the opposing party or any third party that is proportional to the needs of the claim or dispute, considering the importance of the issues at stake, the amount in controversy, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Proportionality shall be decided by the arbitrator when requested by either party.
The arbitrator shall conduct any calls, conferences, or hearings by teleconference or videoconference, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person hearing will be held at a location that is reasonably convenient. You and an employee of Dr. Simi shall attend all arbitrator calls, conferences, and hearings.
A party may make a written offer of judgment at least seven (7) days before the date set for the arbitration hearing.
If the arbitrator finds that a party’s claim, counterclaim, or appeal was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator shall award the opposing party its attorneys’ fees, costs, and expenses and all amounts charged by AAA for the arbitration.
The arbitrator will follow these Terms of Use and the law. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party, though the individual relief awarded by the arbitrator may incidentally affect non-parties.
You or Dr. Simi may appeal an arbitration award that manifestly disregards the law by filing a notice of appeal with the AAA within thirty (30) days after an award is rendered and delivered to the parties. The appeal shall be heard by a single arbitrator unless the parties agree to a multi-arbitrator appellate panel. The arbitrator(s) assigned to the appeal shall be selected by agreement of the parties from among those on the AAA Appellate Panel. If the parties are unable to agree, AAA shall appoint the arbitrator(s) from among those on the AAA Appellate Panel. An arbitrator who previously presided over any aspect of a case shall be ineligible from serving as an appellate arbitrator in that same case. The appeal, including briefing, shall be conducted pursuant to the parties’ agreement or the appellate arbitrator(s)’ orders if the parties are unable to agree.
Severability. If (i) any dispute or claim subject to the Arbitration Agreement is filed as a class arbitration, class action, collective action, representative action, or Mass Action and (ii) if the Class Action and Mass Action Waiver is held invalid or unenforceable as to such dispute or claim, then the Arbitration Agreement does not apply to that dispute or claim and such dispute or claim must be brought in a court of competent jurisdiction. If any provision of Section 20 other than the Class Action and Mass Action Waiver is held invalid or unenforceable as to a particular dispute or claim, then such provision shall be severed from the Terms of Use, and the remainder of the Terms of Use shall be enforceable to the maximum extent permitted by law.
The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of Section 20 of these Terms of Use. If the FAA is found not to apply to any portion of Section 20 of these Terms of Use, then the applicable laws of the State of Texas shall apply without regard to choice-of-law principles.
Opt Out: You have the right to opt out of arbitration by sending written notice of you opt out to: Farmacias de Similares TX LLC dba Dr. Simi at 800 Brazos St, Suite 260, Austin, TX 78701. The opt out notice must be personally signed by you and postmarked within sixty (60) days from the date you first agreed to the terms of this arbitration agreement. The opt out notice must include:(a) your name and residential address; (b) the email address and/or telephone number associated with your account; and (c) a clear statement that you desire to opt out of arbitration and to seek resolution of any dispute by a court of competent jurisdiction. All other provisions in this Agreement, including the jury trial and class action waiver, remain in effect to the fullest extent permissible under the applicable law.
23. Governing Law
These Terms of Use will be governed and interpreted pursuant to the laws of Texas, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Texas in connection with any dispute between you and us arising out of these Terms of Use or policies or pertaining to the subject matter hereof. No arbitration, lawsuit, or other proceeding shall be instituted in any forum but for the state of Texas.
24. Force Majeure
The Company shall not be liable for any failure to perform obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
25. Waiver and Severability
No waiver of or by Dr. Simi of any term or condition set forth in these Terms of Use or Policies shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Dr. Simi to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use and Policies will continue in full force and effect.
26. Entire Agreement
These Terms of Use, along with any posted policies on the Website, constitute the sole and entire agreement between you and Dr. Simi and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and services thereon.
27. Assignment
These Terms of Use and Policies are not assignable, transferable, or sublicensable by you. Any assignment in violation of this section shall be null and void. Dr. Simi may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
28. Questions, Comments, and Concerns
This website is operated by Dr. Simi. Feedback, comments, requests for technical support, and other communications relating to the Website should be directed to the following:
• Phone: +1 855-280-1079.
• Email: customerservice@drsimi.com
• Service Hours:
Monday to Friday: 8:00 AM – 7:00 PM ET
Saturday and Sunday: 10:00 AM – 7:00 PM ET