These Terms of Service (“Terms”) govern your access to and use of BatonRougePharmacy.com and any related pages, forms, accounts, communications, ordering features, prescription-review services, products, and services made available through the website (collectively, the “Services”).
The Services are operated by Tennis Friends LLC, doing business as Baton Rouge Pharmacy.com (“Baton Rouge Pharmacy,” “we,” “us,” or “our”).
By accessing the website, creating an account, submitting a questionnaire, requesting a prescription review, enrolling in automatic renewal, purchasing a product, or otherwise using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
1. Eligibility and Louisiana-Only Service
You may use the Services only if:
- You are at least 18 years old;
- You are legally capable of entering into a binding agreement;
- You are physically located in Louisiana when receiving any telehealth or prescribing service, when required by law;
- You are a Louisiana resident or otherwise eligible for the Louisiana-only service described on the website;
- You provide accurate, current, and complete information; and
- Your use of the Services is lawful.
We may request identity, age, residency, location, prescription, payment, or other verification. We may decline or discontinue service when eligibility cannot be confirmed.
2. Not Emergency Care
The Services are not designed for emergencies or urgent medical conditions. Do not use the website, email, questionnaire, or account messaging to seek emergency assistance.
Call 911 or go to the nearest emergency department if you believe you may be experiencing a medical emergency.
For urgent medication reactions, contact a medical professional or poison control as appropriate. Sudden vision loss, sudden hearing loss, chest pain, severe allergic symptoms, or an erection lasting more than four hours may require immediate medical attention.
3. No General Medical Advice
Public website content is provided for general educational and informational purposes. It is not a substitute for individualized medical advice, diagnosis, treatment, or an in-person examination.
A clinician-patient relationship is established only to the extent permitted by law and only after an appropriately licensed provider accepts and reviews your information through the approved clinical process. Merely browsing the website, sending a general contact message, or placing an item in a cart does not create a clinician-patient relationship.
Always follow the instructions provided by your prescriber, pharmacist, medication label, and official medication materials.
4. Health Questionnaire and Your Responsibilities
You agree to answer all health, medication, identity, and eligibility questions truthfully, accurately, and completely. You must disclose relevant medical conditions, allergies, current medications, supplements, contraindications, and changes in your health.
You must not:
- Submit information for another person without lawful authority;
- Misrepresent your identity, age, location, medical history, symptoms, medications, or eligibility;
- Conceal information that could affect prescribing safety;
- Obtain medication for resale, transfer, or another person’s use; or
- Use the Services to obtain medication through fraud, deception, or unlawful means.
Incomplete or inaccurate information may cause a provider to deny treatment, delay an order, recommend a different dose, or discontinue service.
5. Independent Clinical Judgment and No Guaranteed Approval
Every prescription request is subject to review by an appropriately licensed provider. Submitting a questionnaire, selecting a medication or dosage, making a payment authorization, or previously receiving a prescription does not guarantee approval.
The provider exercises independent professional judgment and may:
- Request additional information;
- Recommend a different medication, strength, quantity, or treatment plan;
- Determine that telehealth review is insufficient;
- Require an in-person examination or care from another provider;
- Decline to prescribe; or
- Discontinue or refuse renewal of treatment.
Baton Rouge Pharmacy does not direct or override a provider’s independent clinical judgment.
5A. Financial Relationship — Not a Healthcare Provider
Baton Rouge Pharmacy is not a healthcare provider. Baton Rouge Pharmacy (Tennis Friends LLC) operates the website and provides administrative, technology, and support services. It does not practice medicine or pharmacy. By using the Services, you are not entering into a provider-patient relationship with Baton Rouge Pharmacy. A provider-patient relationship is formed only with the independent licensed provider (and the [medical practice / entity] through which the provider works) who reviews your information and, if appropriate, prescribes.
Independent judgment. The providers exercise their own professional judgment. Baton Rouge Pharmacy does not direct, influence, or override any provider’s clinical decision, including whether to prescribe. Providers are compensated for reviewing your information regardless of whether medication is prescribed.
6. Prescription Products
Prescription products may be dispensed only after valid provider authorization. Medication appearance, manufacturer, packaging, tablet shape, tablet color, imprint, or other non-clinical characteristics may differ from website photographs or prior fills while containing the prescribed active ingredient and strength.
You agree to:
- Use medication only as prescribed;
- Review all directions, warnings, contraindications, and pharmacy materials;
- Keep medication secure and away from children and unauthorized users;
- Never share or resell prescription medication;
- Contact a provider or pharmacist with medication questions; and
- Promptly report serious or unexpected reactions.
7. Sildenafil and Tadalafil Safety
The website currently describes prescription sildenafil and tadalafil for erectile dysfunction. These medications are not appropriate for everyone.
Do not use these products with nitrates in any form, including nitroglycerin or isosorbide, or with riociguat. Other medicines and health conditions may also create serious risks or require dose adjustments. Only a qualified prescriber can determine whether a medication is appropriate for you.
The website’s summaries do not replace the complete prescribing information, medication guide, pharmacy instructions, or advice from your healthcare provider.
8. Pricing, Charges, and Payment Authorization
Prices, fees, quantities, renewal intervals, discounts, shipping charges, and available treatment options are shown on the website or during checkout and may change prospectively. We will display the amount and nature of each charge before you authorize payment, and any pricing change will apply only to charges processed after it takes effect.
Two separate charges. The Services may involve up to two distinct charges: (a) a prescriber-review fee, which pays an independent licensed provider to review your information; and (b) a medication charge, which applies only if a prescription is issued and dispensed. Payment of the prescriber-review fee does not purchase medication, does not guarantee that any medication will be prescribed, and is earned when the review is performed regardless of the outcome. No medication charge is finalized unless and until the applicable prescription request is approved and the order is dispensed.
By submitting payment information, you represent that you are authorized to use the selected payment method and authorize us and our payment processor to charge the amounts disclosed at checkout, including medication, dispensing, prescriber-review, shipping, taxes, renewal, and other disclosed charges.
The website presently describes a [$35] prescriber-review fee. The exact fee, its scope, and how it interacts with automatic renewal are as displayed and accepted at checkout, which controls if it differs from this summary.
9. Automatic Renewal
Enrollment. Some products are offered on an automatic-renewal basis. If you enroll, you authorize us to charge your payment method on a recurring basis at the price and frequency disclosed during enrollment, until you cancel. You must affirmatively consent to automatic renewal at checkout; it is not a default and is not bundled with your acceptance of these Terms.
What we disclose before you enroll. Before you authorize enrollment, the checkout process will clearly and conspicuously disclose: the products and quantities included; the recurring charge amount (or how it is calculated); the billing and shipment frequency (presently a [90]-day cycle); any prescriber-review fee and how it applies; the deadline to cancel or modify before the next charge; and how to cancel.
How to cancel or modify. You may cancel or modify automatic renewal at any time by logging into your account at batonrougepharmacy.com/my-account/ and selecting “Manage Subscription,” or by emailing [CANCELLATION EMAIL]. To stop the next scheduled charge or shipment, cancel at least [2] days before the next scheduled processing date. Cancellation is effective for future renewals; it does not reverse an order already reviewed, processed, compounded, dispensed, or shipped, except where required by law.
Reminders and changes. Where required by law, we will send renewal reminders and advance notice of any price change before it applies to your next renewal. Renewal remains subject to clinical appropriateness, a valid prescription, legal requirements, product availability, and provider authorization; enrollment does not guarantee that any future order will be approved.
10. Shipping and Delivery
Approved orders are shipped only to eligible Louisiana addresses using the carrier and method disclosed at checkout. The website currently identifies USPS and plain, discreet packaging.
Estimated processing or delivery times are not guarantees. Delays may result from clinical review, incomplete information, weather, holidays, carrier operations, address errors, payment issues, inventory, legal restrictions, or events outside our reasonable control.
You are responsible for providing a secure, accurate delivery address and for protecting delivered medication from theft, heat, moisture, children, animals, and unauthorized access. Contact us promptly if a shipment is missing, damaged, incorrect, or appears compromised.
We may restrict delivery to P.O. boxes, forwarding services, temporary addresses, or locations where delivery is unsafe or unlawful.
11. Refunds, Returns, Replacements, and Errors
If a provider does not prescribe, you will not be charged for medication, and any medication charge already authorized for that order will be released or refunded. The prescriber-review fee, if separately disclosed and charged, pays for the review performed and is generally non-refundable except where required by law. Prescription medications that have shipped generally cannot be returned for reuse or resale, and such sales are final once processed and shipped, except where applicable law requires otherwise or the pharmacy confirms an error attributable to us.
12. Accounts and Security
You are responsible for protecting account credentials and restricting access to your email, devices, and account. Notify us promptly if you suspect unauthorized access.
You may not:
- Access another person’s account without authorization;
- Circumvent security or eligibility controls;
- Introduce malware, automated scraping, or harmful code;
- Probe or test the website for vulnerabilities without written permission;
- Interfere with website operation; or
- Use the Services in a manner that violates law or another person’s rights.
We may suspend or terminate access when we reasonably believe an account presents a safety, fraud, privacy, security, legal, or operational risk.
13. Electronic Communications and Consent
You consent to receive service-related communications electronically, including account notices, order updates, renewal reminders, receipts, requests for information, policy updates, and legally required disclosures.
Standard email and text messaging may not be fully secure. Do not send sensitive medical details through the website’s general contact form or ordinary email unless specifically instructed. Use the designated secure questionnaire, patient portal, or clinical communication channel for protected health information.
Marketing communications, if any, will be handled according to applicable consent and opt-out requirements. You may opt out of promotional email without losing access to essential service communications.
14. Privacy and HIPAA
Our collection and use of personal information are described in the Privacy Policy. Uses and disclosures of protected health information by a HIPAA-covered entity are governed by the applicable Notice of Privacy Practices.
The website Privacy Policy is not a substitute for a legally required HIPAA Notice of Privacy Practices. Where HIPAA applies, the Notice of Privacy Practices controls with respect to protected health information.
15. Intellectual Property
The website, branding, layout, text, graphics, photographs, software, icons, videos, trademarks, and other content are owned by or licensed to Baton Rouge Pharmacy and are protected by intellectual-property laws.
We grant you a limited, revocable, nonexclusive, nontransferable license to use the website for your personal, lawful, noncommercial healthcare and purchasing purposes. No ownership rights are transferred.
You may not copy, republish, sell, reverse engineer, create derivative works from, or commercially exploit website content without prior written permission, except as permitted by law.
16. Third-Party Services and Links
The Services may depend on third-party providers, including prescribers, pharmacies, payment processors, hosting companies, questionnaire platforms, email services, analytics providers, shipping carriers, and other vendors. Third-party services may have separate terms and privacy practices.
We are not responsible for third-party websites or services that we do not own or control. A link or integration does not necessarily constitute endorsement.
17. Service Availability and Changes
We may change, suspend, restrict, or discontinue any part of the Services, treatment options, prices, promotions, delivery areas, renewal plans, website features, or vendor relationships at any time, subject to existing legal obligations and orders already accepted.
We do not guarantee that the website will always be uninterrupted, secure, complete, or error-free.
18. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND NON-CLINICAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Nothing in these Terms disclaims duties that cannot legally be disclaimed, including applicable professional, pharmacy, product-liability, consumer-protection, privacy, or patient-safety obligations.
We do not warrant that any treatment will produce a particular result. Individual response, side effects, tolerability, and clinical outcomes vary.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BATON ROUGE PHARMACY AND ITS NON-CLINICAL AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND VENDORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM THE WEBSITE OR NON-CLINICAL SERVICES.
Any limitation applies only to the extent lawful and does not limit liability that cannot be excluded under applicable law. It does not alter the professional duties of a prescribing provider or dispensing pharmacy.
To the maximum extent permitted by law, and except as otherwise provided by law, the total aggregate liability of Baton Rouge Pharmacy and its non-clinical affiliates arising out of or relating to the non-clinical website Services will not exceed the greater of (a) the total amount you paid for the non-clinical Services giving rise to the claim in the [six] months preceding the event, or (b) [$100].
20. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless Baton Rouge Pharmacy from third-party claims arising from your unlawful use of the Services, material misrepresentation, unauthorized use of another person’s information, diversion or resale of medication, or violation of these Terms.
This section does not require a patient to indemnify a healthcare provider for the provider’s own negligence, professional misconduct, unlawful conduct, or violation of applicable duties.
21. Governing Law and Venue
These Terms are governed by the laws of the State of Louisiana and applicable federal law, without regard to conflict-of-law principles.
Unless applicable law requires otherwise, any court proceeding relating to the non-clinical website Services must be brought in a state or federal court located in East Baton Rouge Parish, Louisiana, and the parties consent to that jurisdiction and venue.
Optional arbitration provision: No arbitration or class-action waiver is included in this draft. Counsel should determine whether one is appropriate, lawful, clearly disclosed, and consistent with healthcare and consumer-protection requirements.
21A. Binding Arbitration; Class-Action Waiver
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have disputes decided by a jury. It contains a class-action waiver. You may opt out as described below.
(a) Scope. Except as stated in subsection (g), you and Baton Rouge Pharmacy agree that any dispute, claim, or controversy arising out of or relating to these Terms, the non-clinical website Services, your account, billing, or automatic renewal (a “Dispute”) will be resolved by binding individual arbitration rather than in court. This agreement to arbitrate is governed by the Federal Arbitration Act.
(b) Informal resolution first. Before starting an arbitration, the party raising a Dispute must send the other a written notice describing the Dispute and the relief sought — to Baton Rouge Pharmacy at [LEGAL/NOTICE EMAIL OR ADDRESS], and to you at the contact information in your account. The parties will try in good faith to resolve the Dispute for sixty (60) days. This informal-resolution step is a condition that must be completed before either party may start arbitration, and the deadline to bring any claim is paused during this period.
(c) Arbitration procedure. If the Dispute is not resolved, it will be administered by [the American Arbitration Association (“AAA”)] under its [Consumer Arbitration Rules] then in effect, as modified by these Terms. The arbitration will be conducted in the parish of your residence or another mutually agreed location, or by video or telephone where the rules permit. The arbitrator may award the same individual relief a court could, and must follow these Terms. Judgment on the award may be entered in any court with jurisdiction.
(d) Costs. Payment of filing, administration, and arbitrator fees will be governed by the administrator’s rules, except that Baton Rouge Pharmacy will pay or reimburse those fees where required by the administrator’s rules or applicable law, or where necessary for this agreement to be enforceable.
(e) Class-action and representative-action waiver. You and Baton Rouge Pharmacy agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of a representative or class proceeding. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and heard in a court of competent jurisdiction, and the remaining claims will proceed in arbitration.
(f) Coordinated (“mass”) arbitrations. If twenty-five (25) or more similar claims are asserted against Baton Rouge Pharmacy by or with the assistance of the same or coordinated counsel, the claims will be administered in staged batches of no more than [fifty (50)] claims at a time, with a single set of filing fees per batch, to promote efficient resolution. This subsection does not limit any party’s right to seek relief the administrator’s rules allow.
(g) Exceptions. This section does not require arbitration of: (i) an individual claim that qualifies for small-claims court, which may be brought there; (ii) a request for temporary injunctive relief to prevent misuse of the Services or infringement of intellectual property; (iii) any claim that may not lawfully be subject to pre-dispute arbitration; and (iv) any professional-liability, medical-malpractice, personal-injury, or product-liability claim, or any claim against a treating provider or dispensing pharmacy, none of which is governed by this section. Nothing here waives any right that cannot be waived under applicable law, alters a provider’s or pharmacy’s professional duties, or limits your ability to file a complaint with a government agency or professional board.
(h) Delegation. Questions about the enforceability, scope, or interpretation of this arbitration section are for the arbitrator to decide, except that a court decides (i) whether the class-action waiver in subsection (e) is enforceable and (ii) any question subsection (g) reserves to a court.
(i) Right to opt out. You may opt out of this arbitration section within thirty (30) days after first accepting these Terms by sending written notice to [OPT-OUT EMAIL/ADDRESS] stating your name, the email on your account, and a clear statement that you decline arbitration. Opting out will not affect any other part of these Terms or your use of the Services. If you opt out, neither you nor Baton Rouge Pharmacy will be required to arbitrate.
(j) Survival and severability. This section survives termination of your account and these Terms. Except as stated in subsection (e), if any part of this section is found unenforceable, the remainder shall remain in full force and effect.
22. Changes to These Terms
We may update these Terms by posting a revised version and changing the “Last updated” date. Material changes will apply prospectively. When required, we will provide additional notice or obtain consent.
Your continued use after the effective date of revised Terms constitutes acceptance to the extent permitted by law.
23. Severability and Waiver
If a provision is found unenforceable, the remaining provisions remain in effect. Failure to enforce a provision is not a waiver of future enforcement.
24. Entire Agreement
These Terms, the Privacy Policy, the applicable Notice of Privacy Practices, the Refund Policy, medication-specific disclosures, checkout terms, and any signed clinical consent form constitute the applicable agreement concerning the Services.
25. Contact Information
Tennis Friends LLC d/b/a Baton Rouge Pharmacy.com
Address: 12090 S Harrells Ferry Rd, Baton Rouge, LA 70816
General support: BatonRougePharmacy@gmail.com
Legal notices: Scott@bionicmonkey.us
Privacy/HIPAA contact: midcity@rxtogeaux.com