Agreement to these terms
These Terms of Service form a binding agreement between you and Oak RR LLC, trading as ZilkerHealth. They cover your use of this website, the ZilkerHealth platform, and any services you obtain through them.
By creating an account, completing an intake assessment, or placing an order, you confirm that you have read these terms, that you are at least 18 years old, and that you agree to be bound by them. If you do not agree, do not use the service.
Who you are contracting with
ZilkerHealth is a technology and administrative platform. It is not a medical practice and it does not practice medicine.
Medical services are provided by licensed physicians and other clinicians who practice through AFFILIATED PROFESSIONAL ENTITY NAME, an independent professional entity. Those clinicians exercise their own independent clinical judgment. Oak RR LLC does not direct, control, or interfere with their clinical decisions, and it does not determine who receives a prescription.
Pharmacy services are provided by independent licensed pharmacies. Oak RR LLC is not a pharmacy, a compounder, or a manufacturer of any medication.
The website is not medical advice
Content on this website is general information. It is not medical advice, it is not a diagnosis, and it does not create a clinician-patient relationship.
A clinician-patient relationship is established only when a licensed clinician reviews your intake, accepts you as a patient, and confirms that in writing through the platform.
Never disregard professional medical advice, or delay seeking it, because of something you read here.
Emergencies
The service is not for emergencies. It is not monitored in real time and it cannot respond to urgent medical situations.
If you are experiencing a medical emergency, call 911 or go to your nearest emergency department. If you are having thoughts of harming yourself, call or text 988 to reach the Suicide and Crisis Lifeline.
Eligibility
To use the service you must be at least 18 years old, be physically located in a state where our affiliated clinicians are licensed and where the relevant treatment may lawfully be prescribed and dispensed, and be able to form a binding contract.
Availability varies by state and by treatment, and may change. Being eligible to create an account does not mean you will be prescribed any particular treatment.
You agree to provide accurate, complete and current information in your intake and to update it as things change. Clinical decisions are made on the information you give. Withholding or misstating information can result in treatment that is ineffective or unsafe.
Medical services and prescriptions
Submitting an intake assessment is a request for evaluation. It is not an order for medication and it does not guarantee that any treatment will be prescribed.
A clinician may decline to prescribe, may prescribe something different from what you expected, may require further information or testing, or may refer you to in-person care. Any of these outcomes is a legitimate clinical result.
If treatment is prescribed, you agree to take it as directed, to attend scheduled follow-ups, and to report side effects promptly through the platform.
You may be asked to consent separately to telehealth care. That consent is a distinct document from these terms.
Compounded medications
Some treatments offered are compounded preparations, prepared by a licensed compounding pharmacy for an individual patient.
Compounded medications are not approved by the FDA. The FDA does not review them for safety, effectiveness or quality, and they are not therapeutically equivalent to any commercially available product.
You acknowledge that you understand this, and that your clinician will discuss the implications with you before prescribing.
Your account
You are responsible for keeping your account credentials confidential and for everything done through your account. Tell us promptly at Hello@zilkerhealth.com if you believe your account has been accessed without your authorization.
Do not share your account. Health information is personal to you and shared access risks both your privacy and your care.
Subscriptions, billing and cancellation
Treatment plans are sold as recurring subscriptions unless stated otherwise at checkout. Prices are shown before you order and are exclusive of any applicable tax.
By subscribing you authorize us, or our payment processor, to charge your payment method on a recurring basis at the stated interval until you cancel. DESCRIBE BILLING INTERVAL AND RENEWAL DATE RULES
You may cancel at any time through your account or by contacting Hello@zilkerhealth.com. Cancellation takes effect CANCELLATION EFFECTIVE RULE, e.g. at the end of the current billing period. Cancelling stops future charges; it does not by itself refund charges already made.
Medication that has already been dispensed cannot be returned or refunded, because federal and state law prohibits a pharmacy from accepting the return of dispensed prescription medication. REFUND POLICY FOR UNDISPENSED ORDERS AND CONSULTATION FEES
We may change prices. Any change will apply from your next billing period and we will give you notice before it takes effect.
We do not accept insurance. Many plans are eligible for payment with FSA or HSA funds, but eligibility is determined by your plan administrator, not by us.
Shipping and delivery
Medication ships from the dispensing pharmacy to the address you provide. You are responsible for the accuracy of that address and for making sure delivery can be received safely.
Some medications require refrigeration or other specific handling. Follow the storage instructions supplied with your shipment. Contact Hello@zilkerhealth.com promptly if a shipment arrives damaged, in an unexpected condition, or late.
Risk of loss passes on delivery to the address you gave.
Acceptable use
Do not use the service to obtain medication for anyone other than yourself, to misrepresent your identity or medical history, to resell or redistribute any medication, or for any unlawful purpose.
Do not attempt to interfere with the platform's security, scrape or systematically extract its content, or access accounts or data that are not yours.
We may suspend or terminate your access for conduct that breaches these terms, that we reasonably believe to be unlawful, or that creates risk for you or for others.
Intellectual property
The platform, its content, design, and the ZilkerHealth name and marks are owned by Oak RR LLC or its licensors and are protected by intellectual property law.
You may use the site for your own personal, non-commercial purposes. You may not copy, reproduce, modify, distribute or create derivative works from it without written permission.
Third-party links and services
The platform may link to or rely on third-party services, including payment processors, pharmacies and laboratories. We are not responsible for their content, their practices or their terms, and linking to them is not an endorsement.
Disclaimers
Except as expressly stated in these terms, and to the fullest extent permitted by law, the platform is provided on an as-is and as-available basis without warranties of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that the platform will be uninterrupted, timely, secure or error free, nor that any particular treatment will produce any particular result. Individual results vary.
Nothing in these terms limits the professional responsibilities of the licensed clinicians who provide your care.
Limitation of liability
To the fullest extent permitted by law, Oak RR LLC and its officers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or relating to your use of the platform.
To the fullest extent permitted by law, our total aggregate liability arising out of or relating to these terms or the platform will not exceed LIABILITY CAP, e.g. the amounts you paid in the 12 months preceding the claim.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so parts of this section may not apply to you. Nothing here is intended to limit liability that cannot lawfully be limited, including liability for personal injury caused by negligence where applicable law prohibits such a limitation.
Indemnification
You agree to indemnify and hold harmless Oak RR LLC and its officers, employees and agents from any claim, loss or expense, including reasonable legal fees, arising out of your breach of these terms, your misuse of the platform, or information you provided that was inaccurate or incomplete.
Dispute resolution
COUNSEL TO DECIDE: whether to include a binding arbitration clause, a class-action waiver, a jury-trial waiver, an opt-out window, and how small-claims and injunctive relief are carved out. This section is deliberately left unwritten rather than filled with boilerplate, because an unenforceable or improperly disclosed arbitration clause is worse than none.
Before starting any formal proceeding, we ask that you contact us at Hello@zilkerhealth.com so we can try to resolve the matter directly.
Governing law
These terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules. VENUE PROVISION
Changes to these terms
We may update these terms. If a change is material we will give notice through the platform or by email before it takes effect. The date at the top of this page shows when it was last revised.
Continuing to use the service after a change takes effect means you accept the revised terms.
Termination
You may stop using the service at any time and may close your account by contacting Hello@zilkerhealth.com.
We may suspend or terminate access where these terms have been breached, where required by law, or where continuing would create risk. Where your care is affected, we will take reasonable steps to support continuity, including making your records available to you or to a clinician you nominate.
Sections that by their nature should survive termination will do so, including those covering intellectual property, disclaimers, limitation of liability, indemnification and governing law.
Contact
Questions about these terms can be sent to Hello@zilkerhealth.com or to REGISTERED BUSINESS ADDRESS.