Introduction
These Terms of Service ("Terms") govern all use of the website accessible at ClinicBuilder and related pages (the "Site"), which is owned and operated by Stealth Revenue Strategies LLC, a Delaware limited liability company doing business as Clinic Builder ("ClinicBuilder"), and its subsidiaries, representatives, affiliates, officers, and directors, and all related services provided by ClinicBuilder ("Services"), including but not limited to telehealth clinic build-and-transfer services and associated operational setup services. For purposes of these Terms, the words "you" and "your" refer to each individual accessing and using the Site, and "ClinicBuilder" may sometimes be referred to herein as "us," "our," or "we."
PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND CLINICBUILDER. ANY PARTICIPATION IN THE SITE WILL CONSTITUTE ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO ABIDE BY THE TERMS, PLEASE DO NOT USE THIS SITE.
By accessing or using the Site, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site. ClinicBuilder may immediately terminate these Terms with respect to you, or generally cease offering or deny access to the Site or any portion thereof, at any time for any reason.
Modifications
We may revise these Terms at any time without notice to you. Amendments will be effective upon the posting of such updated terms on ClinicBuilder's website. Your continued access or use of the Site after such posting confirms your consent to be bound by the Terms, as amended. The most current version of these Terms will be available on the Site and will supersede all previous versions of the Terms.
We reserve the right, at any time in our sole discretion, to modify, suspend, or discontinue the Site or any Service, content, feature, or product offered through the Site, including telehealth clinic build-and-transfer services, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any Service, content, feature, or product offered through the Site.
Privacy
By accessing and using the Site, you are also agreeing to our Privacy Policy, which governs how ClinicBuilder collects and uses your personal information in connection with the Site and our telehealth clinic build-and-transfer services. The Privacy Policy is located at privacy-policy.html.
SMS and Text Messaging
If you opt in to receive text messages from Clinic Builder, you agree to receive recurring automated marketing and informational text messages from Stealth Revenue Strategies LLC (DBA Clinic Builder). Message frequency varies. Message and data rates may apply.
You may opt out at any time by replying STOP. For help, reply HELP or contact us at team@clinicbuilder.com. Consent to receive text messages is not required as a condition of purchasing any goods or services. Carriers are not liable for delayed or undelivered messages.
See our Privacy Policy for how we handle mobile information. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.
Access and Use of Site
By using this Site, you represent and warrant that you are eighteen (18) years of age or older, or if you are under the age of eighteen (18) you are at least the age of thirteen (13) and are accessing the Site with the knowledge and consent of your parent or legal guardian, who will also be deemed to have agreed to these Terms. Certain features on this Site and certain product offerings, including telehealth clinic build-and-transfer services, may be subject to heightened age and/or other eligibility requirements.
Proprietary Rights
All text, graphics, button icons, images, videos, and audio clips (collectively, "Content") that appear on the Site belong exclusively to ClinicBuilder or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to ClinicBuilder or its affiliates. The Content and the Compilation are protected from unauthorized use, copying, and dissemination by copyright, trademark, publicity, and other laws and by international treaties. Unless expressly permitted in writing by us, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any of the Content or the Compilation.
Refund Policy
All initial payments made to ClinicBuilder in connection with telehealth clinic build-and-transfer services are fully earned upon execution of the applicable service agreement and are non-refundable under any circumstances. By engaging ClinicBuilder's services and submitting payment, you acknowledge and agree that no refunds will be issued for the initial payment, regardless of the outcome of the clinic build, regulatory or platform actions, market conditions, or any other circumstance. Ongoing service fees, where applicable, reflect services already rendered and are likewise non-refundable once remitted. Nothing in this policy limits your rights in the event of a material uncured breach by ClinicBuilder as defined in your executed service agreement.
No Earnings Guarantee / Success Disclaimer
CLINICBUILDER MAKES NO CLAIMS OR REPRESENTATIONS AS TO THE SUCCESS OF ANY TELEHEALTH CLINIC OR BUSINESS VENTURE BUILT OR TRANSFERRED UNDER ITS SERVICES. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY. INDIVIDUAL RESULTS MAY VARY. EXAMPLES OF PAST SUCCESS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS OR FUTURE SUCCESS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON MARKET CONDITIONS, REGULATORY REQUIREMENTS, PLATFORM POLICIES, YOUR INDIVIDUAL CIRCUMSTANCES, AND OTHER FACTORS OUTSIDE OF CLINICBUILDER'S CONTROL. CLINICBUILDER DOES NOT SELL A "BUSINESS OPPORTUNITY," "GET RICH SCHEME," "GUARANTEED SYSTEM," OR "FRANCHISE SYSTEM." CLINICBUILDER DOES NOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL, NOR IS IT RESPONSIBLE FOR YOUR ACTIONS OR DECISIONS. MAKING DECISIONS BASED ON ANY INFORMATION PRESENTED ON THIS SITE SHOULD BE DONE ONLY WITH THE KNOWLEDGE THAT YOU MAY NOT EXPERIENCE SIMILAR RESULTS AND COULD EXPERIENCE SIGNIFICANT FINANCIAL LOSSES. CLINICBUILDER DOES NOT OFFER TAX, ACCOUNTING, FINANCIAL, OR LEGAL ADVICE. YOU AGREE TO CONSULT YOUR OWN ACCOUNTANT, ATTORNEY, AND FINANCIAL ADVISOR FOR ADVICE ON THESE TOPICS.
Any patient-acquisition guarantee offered under a separate executed service agreement is subject to the specific terms, definitions, and conditions set forth in that agreement and is not a guarantee of profitability or long-term business success.
Risk Disclosure
The operation of a telehealth clinic involves inherent risks, including but not limited to market fluctuations, changes in federal and state regulations, LegitScript and advertising platform policies, payment processor decisions, provider network availability, pharmacy integration disruptions, and the possibility of financial loss. ClinicBuilder does not guarantee profitability or any specific level of performance. You acknowledge that third-party platforms, certifying bodies, and processors may suspend or restrict your operations for any reason, with or without cause, and that ClinicBuilder has limited control over those decisions once your clinic has been transferred to you.
Limitation of Liability
IN NO EVENT SHALL CLINICBUILDER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ANY MARKETING AND REFERRAL PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST REVENUE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF CLINICBUILDER FOR ANY AND ALL CLAIMS ARISING UNDER THESE TERMS OR IN CONNECTION WITH THE SERVICES SHALL NOT EXCEED THE LESSER OF (A) THE TOTAL AMOUNT PAID BY YOU TO CLINICBUILDER IN THE THREE (3) MONTHS PRECEDING THE CLAIM OR (B) FIVE THOUSAND DOLLARS ($5,000). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Non-Disparagement
You agree that you shall not disparage, insult, make negative comments about, or criticize ClinicBuilder, its affiliates, employees, subcontractors, officers, directors, managers, or members in any manner that could harm ClinicBuilder's business or reputation, including without limitation making or posting statements in any public or private forum, social media channel, or review platform, regardless of whether such statement is deemed factually true or false. Nothing herein shall prohibit you from in good faith posting truthful reviews to third-party review sites or government agencies, or testifying truthfully in any legal or regulatory proceeding related to your service agreement with ClinicBuilder.
Indemnification
You agree to indemnify, defend, and hold harmless ClinicBuilder, its affiliates, officers, directors, employees, agents, and any marketing and referral partners from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Site or Services, your operation of any telehealth clinic built or transferred under your agreement with ClinicBuilder, your breach of these Terms, or your violation of any law or the rights of a third party.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
Dispute Resolution; Arbitration; Class Action Waiver
Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Kent County, Delaware. Each party waives any right to a jury trial. All claims must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims.
Confidentiality
Any non-public information shared by ClinicBuilder with you in connection with your use of the Services, including but not limited to business processes, pricing strategies, vendor relationships, proprietary methods, and financial data, is confidential and may not be disclosed to any third party or used for any purpose other than facilitating the Services provided under your agreement with ClinicBuilder.
Miscellaneous
These Terms constitute the entire agreement between you and ClinicBuilder with respect to your use of the Site and supersede all prior agreements, representations, and understandings. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. ClinicBuilder's failure to enforce any provision of these Terms shall not constitute a waiver of that provision. ClinicBuilder shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, acts of war, or platform outages.
Contact Us
Clinic Builder is a DBA of Stealth Revenue Strategies LLC. For questions about these Terms, contact us at:
Stealth Revenue Strategies LLC (DBA Clinic Builder)8 The Green STE A
Dover, DE 19901
team@clinicbuilder.com