Terms and Conditions
Tomorrow Health Inc. — TryTomorrow.com
Effective June 27, 2026
Not for emergencies
The Service is not intended for emergency or urgent care. If you have a medical emergency or need urgent care, seek in-person care immediately or call 911. The Service is not appropriate for every medical condition or concern.
Your agreement to these Terms
BY CLICKING "I AGREE," CHECKING A BOX TO CONFIRM ACCEPTANCE, USING ANY OTHER ACCEPTANCE METHOD OFFERED THROUGH THE SERVICE, OR OTHERWISE INDICATING YOUR AGREEMENT, YOU CONFIRM THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. ANYONE WHO CLICKS "I AGREE" OR OTHERWISE INDICATES ACCEPTANCE ON YOUR BEHALF IS REPRESENTED TO HAVE YOUR AUTHORITY TO DO SO.
Arbitration notice
UNLESS YOU OPT OUT IN THE MANNER AND TIME DESCRIBED BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND TOMORROW, OR BETWEEN YOU AND THE MEDICAL GROUP OR PROVIDERS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION, AS DETAILED BELOW. EXCEPTIONS AND THE OPT-OUT PROCEDURE ARE DESCRIBED IN THE "DISPUTE RESOLUTION" SECTION.
Tomorrow and the Service
Tomorrow Health Inc. and its affiliates ("Tomorrow," "we," "us," or "our") own and operate the website at TryTomorrow.com (the "Website"). Your access to and use of the Website, its content ("Content"), any products or services offered through it, and any affiliated software or applications we own or operate (together, the "Service") are governed by these Terms and Conditions ("Terms" or "Agreement"). Please read them carefully. "You" and "your" refer to the person using the Service. The Service is intended only for adults — see "Eligibility and where the Service is available" below.
Acceptance of these Terms
Your access to and use of the Service is governed by this Agreement and all applicable laws. If you do not accept this Agreement in full, you may not access or use the Service except to review this Agreement. The Service evolves over time, and we may modify or remove any part of this Agreement or the Service at our discretion. Changes take effect when posted to the Website, and new Content is subject to this Agreement when posted. If you do not agree, your only recourse is to stop using the Service. Continued use after changes are posted means you accept them.
Your relationship with us
Tomorrow makes products and services available to registered users ("Users"). Some are sold or provided by Tomorrow, and others by licensed pharmacies, a licensed medical group, their providers, or other vendors. Through the Service, you may be given access to prescription fulfillment through VialsRX and any other licensed pharmacy made available via the Service (together, the "Pharmacies"), and you authorize your prescription(s) to be filled and, where needed, transferred among them. You may also be given access to Arora Health & Aesthetics, LLC and any other licensed medical group made available via the Service (the "Medical Group"), which employs or contracts with the physicians, nurse practitioners, physician assistants, and other licensed professionals who provide clinical services through the Service (the "Providers"). Any services you receive from the Pharmacies, the Medical Group, or the Providers are also governed by this Agreement, and those parties are third-party beneficiaries of it.
Tomorrow does not control or interfere with the practice of medicine or pharmacy. The Medical Group and each Provider are solely responsible for the care and treatment they provide, and each Pharmacy is solely responsible for its professional services. Tomorrow is not a healthcare provider, and using the Service does not create a doctor-patient or other provider-patient relationship with Tomorrow. Using the Service may, however, establish a provider-patient relationship between you and the Medical Group and/or one or more Providers.
By accepting this Agreement, you consent to receive communications related to your care — by message, email, audio, video, or other electronic means — from the Medical Group and/or Providers through the Service. Tomorrow is not responsible for the security or privacy of any service you use to receive those communications. You are responsible for monitoring and responding to them, and Tomorrow, the Medical Group, and the Providers are not liable for any loss, injury, or claim arising from your failure to read or respond to them, or from your failure to follow treatment instructions.
Although you do not form a provider relationship with Tomorrow, you do enter a direct customer relationship with Tomorrow for use of the Service, including the purchase of any non-prescription products or non-medical services sold directly to you. In connection with that relationship, you may provide personal information, including health information, which we handle under our Privacy Policy. See the "Privacy" and "Protected health information" sections below.
Telehealth consent
The Service uses telehealth — the delivery of healthcare through electronic communication between a provider and a patient who are not in the same location. Telehealth offers benefits but also has limits and is not always a substitute for in-person care. To use the clinical parts of the Service, you must review and agree to a separate informed consent for telehealth (the "Telehealth Consent") provided through the Service. Tomorrow, the Pharmacies, the Medical Group, and the Providers are third-party beneficiaries of the Telehealth Consent and may enforce it.
Subscriptions and automatic renewal
Certain products and services are sold on an automatically renewing subscription basis. For these, your payment method is charged automatically at the interval shown at checkout until you cancel. To prevent interruptions in treatment, your first renewal may be charged early, and later shipments may be charged and shipped up to three (3) days early to account for holidays or operational needs. We and/or the Providers may periodically contact you to update your information or manage your subscription, but are not obligated to. You may cancel at any time by emailing care@trytomorrow.com or through your online account. Cancellation takes effect at the end of the current subscription period, and your subscription renews automatically for another period unless you cancel at least three (3) days before the renewal processing date. We do not refund partially used subscription periods, though we may issue refunds case-by-case at our discretion. We may allow you to pause a subscription; if you do not cancel before the pause ends, it resumes automatically and charges restart. We may change subscription plans or pricing from time to time and will give you advance notice of changes that affect you.
For simplicity, you see and pay a single "total" subscription price. If a subscription includes a consultation, a prescription filled by a Pharmacy, and/or clinical services, that total includes amounts for use of the Service plus the cost of the medication charged by the Pharmacy and the fee for the Provider's services charged by the Medical Group, as applicable. Those amounts are collected on behalf of and paid to the Pharmacies and the Medical Group.
Order cancellation
ONCE AN INITIAL ORDER HAS BEEN SUBMITTED TO A PROVIDER FOR MEDICAL REVIEW, IT CANNOT BE CANCELED. Your information is routed immediately to a licensed Provider to evaluate whether treatment is appropriate, and once that review begins the order is in process and cannot be withdrawn, even if the medication has not yet been dispensed. You may still manage or cancel future refills, renewals, or subscriptions through your account or by contacting us.
No refunds
YOU ACKNOWLEDGE AND AGREE THAT, GIVEN THE NATURE OF THE PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICE, ALL FEES AND CHARGES ARE NON-REFUNDABLE, IN WHOLE OR IN PART. YOU ARE RESPONSIBLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
Prescription products
Some products require a valid prescription from an appropriately licensed provider. You can obtain a prescription product only after a Provider reviews your health information, determines the product is clinically appropriate for you, and writes a valid prescription, in their independent professional judgment. If a Provider writes a prescription and you have given informed consent, the Provider submits it to one of the Pharmacies for fulfillment. Unless you ask your Provider to use a specific pharmacy capable of filling it, your prescription will be filled by a Pharmacy made available through the Service, chosen based on geography and availability. Prescription products may not be dispensed in child-resistant packaging; you are responsible for keeping them in a safe, secure place away from children and others.
If you complete a consultation and fill a prescription through a Pharmacy, the Pharmacy ships the product to you, and its cost is included in the total charged as described above. If you choose a pharmacy other than the Pharmacies, the Service will send the prescription to your chosen pharmacy, but you are responsible for obtaining the product and paying that pharmacy directly. Prescription products are "Third-Party Goods and Services" as described below.
Self-pay; no government programs
Tomorrow and the Medical Group do not participate as providers in any federal or state healthcare program (such as Medicare or Medicaid) for the services or items provided through the Service, and none of you, Tomorrow, the Medical Group, the Providers, or the Pharmacies may receive payment from such programs for them. To the extent any Pharmacy or Provider participates in such programs, the way services and products are delivered through the Service generally prevents them from being covered benefits. By using the Service, you choose to obtain all services and items on a self-pay basis, outside any government healthcare program, and you are solely responsible for their cost. You and Tomorrow, the Medical Group, the Providers, and the Pharmacies agree not to submit claims for these services or items to any federal or state healthcare program.
Eligibility and where the Service is available
The Service is available only to individuals who are at least eighteen (18) years old (or the age of majority in their state, if higher), are located in a state where we offer the Service, and have accepted this Agreement. The Service is not directed to and may not be used by anyone under eighteen (18). If you are a parent or guardian who believes a minor has used the Service, contact us at care@trytomorrow.com.
By accessing or using the Service, you represent and warrant that: (a) you are at least eighteen (18) or the age of majority in your state, if higher; (b) when you consult with a Provider, you are physically located in the same state as the shipping address on your account at that time; (c) you will comply with all applicable laws in using the Service; and (d) you will use the Service only for lawful purposes. The Service is subject to state regulation and may change as regulatory requirements change. Some products carry additional age or eligibility restrictions and are not available to everyone. In some cases the Service may not be the right way to seek care — for example, a condition may require an in-person visit or procedure, or a Provider may determine your situation is not appropriate for telehealth — in which case you may be told you cannot use the Service for that issue and given guidance on next steps.
Your responsibility for access and accurate information
You are responsible for providing and maintaining, at your own expense and risk, the hardware, software, and internet access needed to use the Service, including a device with a camera and connectivity, and for any related fees. You must provide truthful, accurate, and complete information in all forms and communications you submit. We may change the technical requirements of the Service at any time without notice.
Privacy
We respect the privacy of your information. See our Privacy Policy for how we collect, use, and disclose personal information.
Protected health information
When you create an account, you enter a direct customer relationship with Tomorrow and provide information such as your name, email address, shipping address, and phone number, which we handle under our Privacy Policy. That account information is not "health" or "medical" information.
When you use certain clinical parts of the Service, you may provide medical information protected under applicable law. Tomorrow maintains a Notice of Privacy Practices and has designated a Privacy Officer responsible for handling PHI requests, complaints, and compliance, who can be reached at privacy@trytomorrow.com. The Medical Group and Pharmacies that provide care and fulfillment through the Service may also be covered entities or business associates under HIPAA, and they maintain their own privacy obligations. HIPAA does not apply simply because health information is involved, and may not apply to your interactions with Tomorrow, the Medical Group, the Providers, or the Pharmacies. To the extent Tomorrow acts as a business associate, and only in that role, it may be subject to HIPAA with respect to the protected health information you provide to the Medical Group, Providers, or Pharmacies ("PHI"). Medical or health information protected under specific state laws (together with PHI, "Protected Information") is used and disclosed only as those laws allow. Information that is not Protected Information may be used and disclosed as permitted by our Privacy Policy. Protected Information does not include de-identified information.
The Medical Group and Providers maintain a Notice of Privacy Practices describing how they use and disclose Protected Information; by using the Service you acknowledge receipt of it. Any information you submit to Tomorrow that is not used solely for diagnosis and treatment by the Medical Group and Providers, or for prescription fulfillment by the Pharmacies, is not Protected Information and is governed by our Privacy Policy and applicable state law.
Use and ownership of the Service
The Service and its Content are protected by copyright and other laws. We grant you a limited, non-transferable, revocable license to access and use the Service for your own personal, intended use. All rights in the Service and Content are reserved by Tomorrow and its suppliers, including code, design, text, product descriptions, images, and documentation. You agree not to remove, alter, or obscure any proprietary notices. "Tomorrow," our logo, and related marks are our trademarks and may not be used without permission. Other marks are the property of their owners.
License to your submissions
Any information you send through the Service — by entry, submission, email, or otherwise, including questions, comments, and suggestions ("Submissions") — will, to the extent permitted by law, be treated as non-confidential and non-proprietary. Subject to your account settings, you grant Tomorrow a paid-up, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, sublicensable license to use, reproduce, modify, adapt, distribute, publicly perform, and display your Submissions, in whole or part, to operate and provide the Service. You represent that you have the rights needed to grant this license and that you are responsible for your Submissions. If a Submission contains Protected Information, our rights to use or disclose that Protected Information are limited as applicable law requires.
Prohibited uses
You may not use or attempt to use the Service: (i) for any unlawful, unauthorized, fraudulent, or malicious purpose; (ii) in any way that could damage, disable, overburden, or impair our servers or networks; (iii) to interfere with anyone else's use of the Service; (iv) to gain unauthorized access to accounts, systems, or networks; (v) to access data or systems not intended to be available to you; (vi) to reverse engineer, decompile, or disassemble any part of the Service; or (vii) for any purpose other than its intended use.
You also agree not to: upload or transmit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or discriminatory, or that violates another's privacy or publicity rights; impersonate anyone or create false or duplicate accounts; upload material you have no right to share; upload viruses, malware, or other harmful code; remove proprietary notices; disrupt the Service for other users (for example, spam or flooding); transmit unsolicited advertising or solicitations; violate any law; infringe intellectual property; alter others' content; use framing, scraping, bots, or automated means to access or copy the Service; probe or test its security; collect others' information; or assist anyone in doing these things. We may take any lawful action we deem appropriate in response to actual or suspected violations, including suspending or terminating accounts, and may cooperate with authorities. Except as limited by our Privacy Policy or law, we may disclose information as needed to comply with law or legal process, and may edit, refuse to post, or remove materials at our discretion.
Accounts, passwords, and security
You may need to register and create an account to use the Service. Account-registration information (name, username, email, shipping address, phone) is not Protected Information. You agree to keep your information accurate and current; if you do not, or if we reasonably suspect it is untruthful, we may suspend or terminate your account. You agree to notify us immediately of any unauthorized use or security breach, to keep your username and password confidential, and to log out at the end of each session. We disclaim liability for losses arising from your failure to follow this section, and you may not use anyone else's account. While we take steps to protect User data, the Service runs on software, hardware, and networks that may experience maintenance, problems, or breaches beyond our control, and anyone with access to your devices may be able to access your information, including medical information. Securing your devices and credentials is your responsibility. You may not violate or attempt to violate the security of the Service, and we may investigate and cooperate with law enforcement regarding suspected violations.
SMS messaging
By providing your mobile number and/or agreeing to receive SMS from Tomorrow, you consent to receive text messages related to account verification, registration, reminders, notifications, updates, and other informational or promotional messages. Message and data rates may apply. You can opt out at any time by replying STOP, and reply HELP for help, or contact us at care@trytomorrow.com.
Third-party goods and services; indemnification
Parties other than Tomorrow — including the Pharmacies, the Medical Group, and the Providers — provide services or sell products through the Service, and Tomorrow may also make available products or services made, distributed, or sold by third parties ("Third-Party Goods and Services"). Your use of any Third-Party Goods and Services and your dealings with those third parties, including payment, delivery, and any related terms or warranties, are solely between you and them. You should do any investigation you find appropriate before transacting, and you are responsible for using good judgment and protecting your personal information.
Tomorrow is not responsible or liable for any loss or damage arising from your use of the Service, any Third-Party Goods and Services, or your dealings with third parties. In any dispute between you and a third party, another User, or any other person, Tomorrow has no obligation to get involved, and you release and indemnify Tomorrow and its parents, subsidiaries, affiliates, and their respective officers, directors, employees, agents, and representatives (the "Tomorrow Parties") from all claims and damages, known or unknown, arising out of or related to such disputes or the Service. You agree to defend, indemnify, and hold harmless the Tomorrow Parties and any third parties offering products or services through the Service (including the Medical Group, Providers, and Pharmacies) from any claims, damages, judgments, losses, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your fraud, your violation of law or this Agreement, or your violation of another's rights. We may control the defense of any claim subject to indemnification, and you agree to cooperate.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
Right to monitor
We may monitor general use of the Service at any time as we see fit and may remove any materials that, in our sole discretion, may be illegal, may create liability, may violate this Agreement, or are inconsistent with the purpose of the Service.
Terms of sale
All products are subject to availability, and we may limit quantities or reject all or part of an order without notice. If an error occurs, we may correct it and adjust your order (including charging the correct price) or cancel and refund any amount charged. Prices may change at any time. You are responsible for applicable sales, use, and other taxes ("Taxes"); we collect Taxes where we determine we must, present an estimate at checkout, and may adjust the actual amount charged. We do not collect Taxes in all states, and you may have a duty to report and pay them directly where we do not.
You may use only valid payment methods acceptable to us, and you represent that you are authorized to use the method you provide. You authorize us to charge it for your full order total, including Taxes and shipping. If your method is declined, we may keep attempting until approved. We and our payment providers may receive updated card information from your issuer (such as new numbers or expiration dates) and may use it to process future purchases and subscription charges; to opt out of card-updater services, contact your issuer. We are not responsible for fees your bank or issuer charges, and if a charge is reversed we may bill you directly or seek payment another way. If items in your order are unavailable, we charge only for what ships. Card and other monetary transactions are processed through our third-party payment processor; our relationship with that processor is contractual only, and it is not under our control. You agree to pay any shipping and handling shown at checkout, which we may change with notice before your purchase. Delivery dates are estimates only. Unless we state otherwise, risk of loss passes to you when the product is delivered to our designated carrier. We may resolve User issues case-by-case at our discretion.
Termination
We may terminate your use of the Service at any time, for any reason, without notice — including for conduct that violates this Agreement, if our arrangements with the Medical Group, Providers, or Pharmacies end, or if we discontinue the Service. Provisions concerning security, prohibited uses, intellectual property, Submissions, disclaimers, limitation of liability, arbitration and dispute resolution, indemnity, and governing law survive termination. If your access is terminated, you agree not to use the Service again under any name, and if you do, you will indemnify the Tomorrow Parties for any resulting liability. Except as required by our Privacy Policy or law (including any obligation to provide health records), we have no obligation, before or after termination, to return or provide any Content or information related to you.
Disclaimers
Content on the Service is provided as a convenience, and you rely on it at your own risk.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." ANY ACCESS OR USE IS VOLUNTARY AND AT YOUR SOLE RISK. TOMORROW AND EACH THIRD PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUP, THE PROVIDERS, AND THE PHARMACIES, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF THE SERVICE, OR THAT IT WILL OPERATE WITHOUT DELAYS, INTERRUPTIONS, ERRORS, OR SECURITY INCIDENTS.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TOMORROW WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, LOST DATA, OR LOST PROFITS, ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY THIRD-PARTY PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TOMORROW'S TOTAL LIABILITY WILL NOT EXCEED THE ACTUAL DAMAGES YOU INCUR, UP TO U.S. $1,000.
ANY CLAIM ARISING FROM YOUR USE OF THE SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO IT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS; WHERE WE CANNOT DISCLAIM A WARRANTY OR LIMIT LIABILITY, THE SCOPE AND DURATION WILL BE THE MINIMUM PERMITTED BY LAW.
Notices
We may provide notices to you about the Service or this Agreement by email, a posting on the Service, or regular mail, at our discretion.
Electronic communications
When you use the Service or send us, the Medical Group, or its Providers email or SMS, you communicate electronically. This carries a risk of unintended disclosure if you are not careful to reach the right person. You consent to receive communications from us, the Medical Group, and its Providers electronically — by email, SMS, or through the Service — and you agree that electronic communications satisfy any legal requirement that they be in writing, and are deemed given when we transmit them.
Dispute resolution (informal resolution; binding arbitration; class action and jury trial waivers)
Please read this section carefully — it significantly affects your legal rights, including your right to sue in court.
You and Tomorrow agree that most disputes that cannot be resolved informally will be resolved by binding, individual arbitration, with the limited exceptions below. Arbitration is less formal than court, uses a single neutral arbitrator rather than a judge or jury, and provides for limited discovery and appeal. This section includes a class-action waiver and a jury-trial waiver and survives termination of this Agreement. A "Dispute" is interpreted broadly and includes any dispute, claim, or controversy between you and Tomorrow (and its affiliates) arising out of or relating to this Agreement, the Service, any products or services sold through the Service, or your relationship with Tomorrow, whether based in contract, tort, statute, or otherwise — including claims that arose before this Agreement and claims that may arise after it ends. "Dispute" does not include claims about patents, copyrights, trademarks, trade secrets, publicity, or unauthorized use of intellectual property. The arbitrator decides all issues except those reserved for a court here and questions about the validity or enforceability of the arbitration agreement. Nothing here prevents you from reporting a Dispute to a government agency.
a. Mandatory informal resolution. Before starting arbitration, the party with a Dispute must send the other a written notice ("Notice"). You send your Notice to care@trytomorrow.com; we send ours to your most recent contact information on file. A Notice must include: a detailed description of the Dispute; the nature and basis of the claim; the relief sought and how it is calculated; information sufficient to identify any relevant transactions or accounts; and your mailing address, email, and phone number. If the recipient requests, both parties will participate in an individualized telephonic settlement conference, and each agrees to attend (with counsel if represented). The parties will negotiate in good faith. If the Dispute is not resolved within sixty (60) days after a compliant Notice, either party may begin arbitration. This informal process is a mandatory condition precedent to arbitration, and applicable limitations periods are tolled for those 60 days. A court may enforce this requirement, including by enjoining a premature arbitration.
b. Binding individual arbitration. Except for the limited exceptions here, binding individual arbitration is the sole and exclusive forum for all Disputes between you and Tomorrow.
c. Small claims exception. Either party may instead bring a qualifying Dispute in small claims court, so long as it stays there, seeks individualized relief, and is within that court's jurisdiction.
d. Arbitration procedures. This section affects interstate commerce, and the Federal Arbitration Act governs it (notwithstanding any other choice-of-law provision). Arbitration is administered by the American Arbitration Association ("AAA") under its then-current Consumer Arbitration Rules (available at adr.org or 1-800-778-7879), as modified here. If the AAA is unavailable or unwilling to administer consistent with this Agreement, the parties will agree on an administrator or jointly petition a court to appoint one. AAA rules govern fees unless applicable law requires otherwise for enforceability; if you cannot pay your share, we will consider reimbursing it for any non-frivolous claim. The arbitration demand must be signed and certifies, after reasonable inquiry, that it is not brought for an improper purpose, that the claims are warranted by law or a non-frivolous argument, and that the factual contentions have or will likely have evidentiary support. The arbitrator may award the same individual relief available in court, but only in favor of the individual party and only as needed for that party's claim. YOU AND TOMORROW AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL PROCEEDING. UNLESS BOTH PARTIES AGREE, THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. If, after all appeals, any prohibition on non-individualized or class relief is found unenforceable as to a particular claim or request for relief, that claim or request will be decided by a court after all other claims are arbitrated. The arbitration is conducted before a single neutral arbitrator; any in-person hearing takes place in the county where you reside or another location reasonably convenient to you. You may choose a hearing by phone, video, written submission, or in person, except that a Dispute seeking $25,000 or more or injunctive relief will have an in-person or video hearing unless the parties agree otherwise. Arbitration materials are confidential and may be used only in that proceeding. The arbitrator issues a reasoned written decision; the award binds only the parties and has no preclusive effect in other proceedings. Judgment on the award may be entered in any court of competent jurisdiction.
e. Mass arbitration. If twenty-five (25) or more claimants (including you) bring similar claims against Tomorrow through the same or coordinated counsel ("Mass Arbitration"), additional staged procedures apply, and resolution of your Dispute may be delayed and may ultimately proceed in court. Counsel will meet and confer in good faith to streamline and resolve the Disputes. If at least 50 Disputes are submitted, each side selects 25 to proceed individually before different arbitrators in Stage One, followed by a global mediation (Tomorrow pays the mediator). If Disputes remain after Stage One, each side selects 50 to proceed in Stage Two, followed by a second global mediation (Tomorrow pays the mediator). Any Disputes still unresolved after Stage Two are opted out of arbitration and may proceed in court, unless counsel agree otherwise. Limitations periods are tolled while your Dispute is part of this process. These mass-arbitration procedures are an essential part of the arbitration agreement; if a court finds them unenforceable as to your Dispute, your Dispute proceeds in court rather than arbitration.
f. Future changes. If we change this arbitration agreement (other than our contact information), you may reject the change by sending a personally signed written notice to care@trytomorrow.com. Rejecting a change is not an opt-out of arbitration; it means you arbitrate under this version.
g. CLASS ACTION AND JURY TRIAL WAIVERS. YOU AND TOMORROW AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, TO THE FULLEST EXTENT PERMITTED BY LAW (THE PARTIES MAY STILL PARTICIPATE IN A CLASS-WIDE SETTLEMENT). TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND TOMORROW WAIVE THE RIGHT TO A JURY TRIAL.
Opt-out of arbitration. You may opt out of this arbitration agreement within thirty (30) days of first accepting it by emailing care@trytomorrow.com with your name and a statement that you decline arbitration. Opting out does not affect any other part of this Agreement.
Governing law; venue; severability
The Service is controlled and operated by Tomorrow from Florida. Those who access it from elsewhere do so on their own initiative and are responsible for compliance with local law. This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-law rules (except that the Federal Arbitration Act governs the arbitration section). Subject to the arbitration provisions, the state and federal courts located in Florida have exclusive jurisdiction over any matter not subject to arbitration. If any provision cannot be enforced as written, it will be replaced with terms that most closely match its intent, and the remaining provisions stay in effect. Our failure to enforce any provision is not a waiver. Headings are for convenience only.
Third-party beneficiaries
Use of any third-party software or Third-Party Goods and Services is governed by the applicable third party's terms, if any; otherwise this Agreement applies. Except as expressly stated — including the indemnification provisions in favor of, and the arbitration agreement with, Tomorrow, the Medical Group, the Pharmacies, and the Providers — this Agreement creates no third-party beneficiary rights.
No agency relationship
This Agreement and the Service do not create any partnership, joint venture, employment, or agency relationship between you and Tomorrow, the Medical Group, the Providers, or the Pharmacies. You may not enter into contracts on our behalf or bind us in any way.
Entire agreement
This Agreement, together with any other agreements we post on the Service or that you and we execute, is the entire agreement between you and Tomorrow regarding the Service and supersedes any prior agreements, including prior versions of this Agreement.
Assignment
You may not assign your rights under this Agreement, and any attempt to do so is void. Tomorrow may assign or transfer this Agreement, in whole or part, without notice or consent, to an affiliate or to a third party in connection with a merger, sale of assets, or similar transaction.
Contact us
Tomorrow Health Inc.
90 Fort Wade Road, Suite 100 #1062
Ponte Vedra, FL 32081
United States
Email: care@trytomorrow.com
Phone: (855) 879-8679