IF YOU HAVE A MEDICAL EMERGENCY, DIAL 9-1-1 IMMEDIATELY

 

OAK HEALTH INSTITUTE

Terms of Use

Operated by Pirate Alley, LLC

Last Updated: May 28, 2026

Carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of the website and services made available by Pirate Alley, LLC (“Oak Health Institute,” “OHI,” “we,” “us,” and “our”).

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the following:

• oakhealthinstitute.com (the “Website”);

• Any products (“Products”) available through the Website; and

• The services made available through the Website, including the OHI Services and the Medical Services (collectively, the “Services”).

The non-clinical business support services and the Website are collectively referred to as the “Platform.”

Acceptance of the Terms of Use. By clicking “Accept,” or by accessing or using the Platform, you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use and the OHI Privacy Policy (collectively, the “Product and Service Terms”). If you do not agree to be bound by these Product and Service Terms, you are not authorized to access or use the Platform and/or the Services; PROMPTLY EXIT THIS WEBSITE.

Binding Arbitration. These Terms of Use provide that, unless you opt out, all disputes between you and OHI that in any way relate to these Terms of Use, the Platform, and/or the Services will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 21 (Dispute Resolution; Arbitration Agreement) for details regarding your agreement to arbitrate any disputes with OHI.

OHI Services

Pirate Alley, LLC owns and operates the non-clinical business support services and the Website that are part of the Platform. The Platform facilitates telehealth services provided by licensed medical professionals, with OHI acting solely as the management and coordination platform. Your use of the Platform, any part thereof, or anything associated therewith — including the services, features, content, and applications — together with the portions of the Website operated by OHI, are the “OHI Services.” Any non-clinical services provided through the Website are governed by these Terms of Use.

Medical Services

OHI is not licensed to practice medicine and does not provide any healthcare services. OHI contracts with Frank J. Welch, MD PLLC (the “Medical Practice”), an independent, physician-owned professional entity, to provide online telehealth clinical consultations, services, and/or treatment through a network of United States–based, licensed healthcare providers (each, a “Provider”). The professional medical services provided by the Medical Practice are collectively referred to in these Terms of Use as the “Medical Services.”

OHI does not control or interfere with the provision of healthcare services provided by medically trained clinicians and their affiliated professional entities, each of whom is independent from OHI and solely responsible for the healthcare services you receive. You understand and agree that OHI is not responsible for any healthcare services provided by a Provider or affiliated professional entity, including any personal injury or property damage. You further understand and agree that, after reviewing your information, the Provider, in their independent professional judgment, will determine whether to prescribe medication, other treatments, or, alternatively, recommend that you consult with alternative clinical resources.

Pharmacy

OHI is not a pharmacy. Customized prescription medications are prescribed by licensed Providers and, for patient convenience, may be dispensed and shipped by Formulation Compounding Center (the “Pharmacy”). You always have the option to have a prescription filled by a pharmacy of your choice; however, we cannot guarantee that the medication will be available from the pharmacy of your choice. If the prescription is available from your preferred location, you will be responsible for obtaining the prescription product and paying that pharmacy directly for its cost, and the price of your medication may differ from the price offered through the Pharmacy. OHI cannot guarantee that any pharmacy will be able to ship medications to your location.

By accepting these Terms of Use, you understand and agree that OHI is not acting as a pharmacy and does not control or interfere with any pharmacy services provided by third parties. Prescription fulfillment services may be provided by third-party pharmacies licensed to dispense medications in the relevant jurisdictions. You agree that OHI may facilitate the transfer of prescriptions to an affiliated pharmacy as needed. OHI is not liable for the professional services rendered by the Pharmacy.

1. Services Provided — No Medical Care or Advice

OHI is not a medical group and does not provide medical advice, care, and/or treatment. OHI, through Pirate Alley, LLC, provides administrative and management services to an independent, physician-owned and operated medical practice. Any telemedicine consults obtained through our Platform are provided by Providers, including Frank J. Welch, MD PLLC. OHI licenses the “Oak Health Institute” brand name to the Medical Practice and other affiliated medical practices that use our Platform to assist in the provision of Services. The Medical Practice is owned and operated by a licensed physician and not by OHI. There is no single provider of medical care called “Oak Health Institute.” OHI does not provide medical advice or care, does not own or operate the medical practice, and does not employ or supervise the clinicians providing medical care; control over the care provided is the sole responsibility of the independent medical practice and the Providers it engages. Medical Services may vary across Providers, and patients should contact the Medical Practice directly for all questions concerning their medical care.

2. Not For Emergencies

Our Platform and the Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our Platform. If you believe you are experiencing an emergency, call 9-1-1 immediately.

You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment.

3. Risk of Telehealth Services

By using the Services, you acknowledge the potential risks associated with telehealth services. These include, but are not limited to, the following: information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical or healthcare decision-making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions, allergic reactions, or other judgment errors; and although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail, causing a breach of privacy of your health information.

4. Privacy Practices

You agree that information provided by you in connection with the Platform and the OHI Services shall be governed by the OHI Privacy Policy, which is hereby incorporated and made part of these Terms of Use.

5. Prescription Policy

Certain products available through the Platform require a valid prescription by a licensed healthcare provider. These may include, where clinically appropriate and lawfully prescribed, hormone optimization therapy (including testosterone replacement therapy and bioidentical hormone replacement therapy), GLP-1 and related medical weight-loss medications, peptide therapies, and other medications within the scope of OHI’s service lines. You will not be able to obtain a prescription product unless you have completed a consultation with a Provider through the Platform, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.

If a Provider determines a prescription product is appropriate for you and writes a prescription, it will be filled in accordance with the Section above titled “Pharmacy.” You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. We honor patient freedom of choice and, if you receive a prescription, you will have the option to instruct your Provider to transmit that prescription to the pharmacy of your choice; however, we cannot guarantee that the medication will be available from the pharmacy of your choice, and if available, you will be responsible for obtaining the prescription product and paying the pharmacy directly. Please contact info@oakhealthinstitute.com if you have any questions.

6. Not an Insurance Product

OHI is not an insurer, nor do we offer an insurance plan or product. The amounts you pay for any Services obtained through the Platform are not insurance premiums. If you desire any type of health insurance or other insurance, you will need to purchase such insurance separately.

7. Ownership of the Platform

The Platform contains confidential and proprietary information, materials, data, databases, contents, processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks, features and functionality, and the design, selection, and arrangement thereof, which are owned by OHI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade dress, trade secret, and other intellectual property or proprietary rights laws (collectively, the “Content”).

These Terms of Use permit you to use the Platform 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 Platform, including the Content, except: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your web browser for display enhancement purposes; and (c) you may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution. You must not (a) modify copies of any materials from the Platform or received through the Services; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.

You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademark, service mark, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of OHI without our express written consent. You must not access or use any part of the Platform or any services or materials available through the Platform for the benefit of unaffiliated third parties or for any commercial purpose without the express written consent of OHI.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by OHI.

8. Availability of Services

OHI operates subject to state and federal regulations, and the Platform may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Platform under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Platform is limited exclusively to users located in states within the United States where the Platform is available. Services are not available to users located outside the United States or where prohibited by applicable law. Accessing the Platform from jurisdictions where content is illegal, or where we do not offer the Platform, is prohibited. Some Medical Services may not be available in all states. Availability is subject to change.

9. Access to Platform, Security, and Restrictions; Passwords

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use, or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform. Violations of system or network security may result in civil or criminal liability. OHI will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Where access to the Platform or a portion thereof requires a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by us. You agree to protect the confidentiality of your user ID and password, and not to share or disclose them to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by OHI at any time with or without cause. You agree to defend, indemnify, and hold OHI harmless from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Platform, or access by anyone using your user ID and password.

If you submit, upload, post, or transmit any health information, medical history, conditions, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, files, videos, images, or other materials to us or our Platform (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (c) contains or transmits a virus or any other harmful component. You represent and warrant to OHI and the Medical Practice that you have the legal right and authorization to provide all User Information for use as set forth herein.

OHI or the Medical Practice may de-identify your information such that it is no longer considered protected health information or personally identifiable information. OHI or the Medical Practice may disclose, aggregate, or otherwise use such de-identified information for analytics, research, or other purposes as permitted by applicable law.

10. No Users Under 18 Years Old

In order to access the Platform and the Services, you represent and warrant that you are 18 years old or older pursuant to the laws of your jurisdiction. If you are under the age of 18, you are prohibited from using this Platform or providing any personal information about yourself to us. If you believe we have collected personal information from someone under the age of 18, please contact us using the contact information in Section 29.

11. Your Account

You agree to (a) provide true, accurate, current, and complete information when registering to use the Platform and establishing your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect as much, we may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password.

12. Accuracy and Integrity of Information; Colors

Although we attempt to ensure the integrity and accuracy of the Platform, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice.

We have made significant efforts to accurately display the colors of our products that appear on the Platform. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

13. Typographical Errors and Incorrect Pricing

In the event a Product or Service is listed at an incorrect price due to a typographical error or an error in pricing information, we shall have the right to refuse or cancel any orders placed for a Product or Service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.

14. Services Purchase

You agree to pay all fees due for Services requested pursuant to all payment terms presented to you when engaging in transactions. Prices are subject to change at any point in our sole discretion. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. Payment processing is handled through our third-party scheduling and payment processor.

By entering your payment information and submitting your request, you authorize us, the Medical Practice, our and their affiliates, and our or their third-party payment processors, as applicable, to retain credit card information, which may be kept on file to be used as a form of payment for fees incurred for co-pays, deductibles, late cancellations, missed appointments, returned checks, failed payments, past-due account balances, fees associated with subsequent medical services, and/or Subscription Services (as defined below).

You understand and agree that you are responsible for all fees due to receive Services, including any fees charged by the Medical Practice, Providers, pharmacies, and labs that provide Services to you. In the event that your credit card expires or we, our affiliates, or our third-party payment processors are unable to process your payment, you may receive a request to provide an alternative payment method. There is no obligation to provide any Services or pharmacy services unless and until full payment has been received and/or verified. You are responsible for keeping your payment information accurate and up to date at all times.

Certain products or services offered may be offered on a subscription basis (“Subscription Services”). For Subscription Services, your payment method will be automatically charged at regular intervals as described during the checkout process. You may cancel a subscription at any time before the renewal date, and you will continue to have access to the Services through the end of your billing period.

Subscription Terms

You may cancel your subscription at any time through the OHI patient portal located at [PORTAL URL], or by sending an email with your name and the email address associated with the service to info@oakhealthinstitute.com. OHI’s refund guidelines are available on the Platform and may be updated from time to time.

Credit Card Authorizations and Charges

By signing up for an OHI Subscription and providing your credit or debit account number, including any substitute account you later specify or your financial institution later provides (“Payment Method”), you: (1) expressly agree to permit OHI to charge your chosen Payment Method on a recurring basis, in the amount of the charge disclosed to you based on your selected Service(s); (2) promise that the Payment Method is legitimate, open, and active; (3) represent that you are an authorized user for the Payment Method; and (4) provide continuing authorization that will remain in full force and effect until the earlier of your withdrawal of consent to these automatic recurring charges (which may be made at any time) or the expiration of your Payment Method.

If any single charge is refused or dishonored, such amount is immediately due and payable from you, and the failure to pay such amount may result in the cancellation of your Subscription. You understand that OHI may, at its discretion, attempt to reinitiate any rejected or unsuccessful charge up to two times. You further understand that your financial institution may impose fees in connection with rejected payments, and you agree that OHI does not have any liability for such fees.

OHI will submit periodic charges, based on your selected Subscription terms, to your chosen Payment Method without further authorization from you, until you provide prior notice that you wish to cancel or to change your Payment Method. Your authorization in no way limits any right you may have under federal law to stop payment of a preauthorized electronic transfer by contacting your financial institution. You agree to notify OHI of any changes to your Payment Method, or termination of your authorization, at least three (3) days prior to your next billing date.

15. Links to Other Sites

We make no representations whatsoever about any other website that you may access through the Platform. When you access a non-OHI website, please understand that it is independent from us, and that we have no control over the content on that website. A link to a non-OHI website does not mean that we endorse or accept any responsibility for the products or services offered, the content, or the use of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any third-party websites linked to the Platform, you do this entirely at your own risk.

16. Consent to Receive Calls, Text Messages, and Audio and/or Video Recording

By providing your mobile number, you agree to be contacted by or on behalf of OHI at the mobile number you have provided, including calls and text messages, to receive informational, product- or service-related (e.g., progress tracking, reminders, etc.) messages and communications relating to the Platform. Message and data rates may apply. To stop receiving text messages, text a reply with the word STOP. We will do our best to remove your phone number from our outreach list in a reasonable amount of time. Please note that by withdrawing your consent, some of the functions provided by the Platform may no longer be available to you.

OHI or your Provider may record (audio and video) all or part of your interaction with us or them (“Recordings”) for quality assurance and training purposes, to better deliver products and services, and to help us improve the Platform. The Recordings will be kept confidential and will not be publicly displayed unless legally required, such as if subject to a court order. By accessing and using our Platform, you agree and consent to such Recordings for the purposes set forth in these Terms of Use and as otherwise set forth in the OHI Privacy Policy.

17. CAN-SPAM Act and Telephone Consumer Protection Act Compliance

OHI, the Medical Practice, and your Provider are committed to compliance with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth in Section 16 above. E-mails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM Act and the TCPA. In the event you receive an e-mail or text message from us that you do not believe is fully compliant, please contact us using the contact information in Section 29.

18. Electronic Communications

When you use the Platform, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. OHI, the Medical Practice, and your Provider may contact you by telephone, mail, or e-mail to verify your information, and may request further information from you, which you agree to provide. If you do not provide this information within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Platform until you provide the information as requested.

19. External Services

The Platform may enable access to OHI’s and/or third-party services and websites, including social media sites (collectively and individually, “External Services”). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services and shall not be liable for any such third-party External Services. Data displayed by the Platform or an External Service, including financial, medical, and location information, is for general informational purposes only and is not guaranteed by OHI or its agents. You agree not to use the External Services in any manner that is inconsistent with these Terms of Use or that infringes the intellectual property rights of OHI or any third party. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.

20. No Third-Party Rights

Unless expressly stated in these Terms of Use, nothing herein is intended to confer any rights, obligations, duties, or remedies on any person other than you, OHI, the Medical Practice, and their affiliates. Nothing in these Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, OHI, the Medical Practice, or their affiliates, nor shall any provision give any third party any right of subrogation or action against you, OHI, the Medical Practice, or their affiliates. The Platform is only provided for your benefit and may not be relied on by any third party.

21. Dispute Resolution; Arbitration Agreement

Please read the following arbitration provision carefully. Unless you opt out in the manner described below, this arbitration provision requires you and OHI to arbitrate disputes and limits the manner in which relief may be sought (“Arbitration Agreement”).

You and OHI agree that any dispute arising out of or relating in any way to your use or access of the Platform or Services (including those Services provided by the Medical Practice), including the validity, scope, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to OHI in any way (collectively, “Covered Dispute Matters” or “Disputes”), will be resolved in accordance with the provisions set forth in this Section 21. For the avoidance of doubt, this Arbitration Agreement shall not apply to claims where such application is prohibited by applicable law.

Informal Resolution. Before either party commences arbitration (or initiates an action in small claims court if a party so elects), you and OHI will personally meet and confer telephonically or via videoconference in a good-faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference” or “Conference”). If you are represented by counsel, your counsel may participate, but you will also participate. The party initiating a Dispute must give written notice to the other party of its intent to initiate a Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon. Notice to OHI should be sent by email to info@oakhealthinstitute.com. The Notice must include (1) your name, phone number, mailing address, and the email address associated with your account; (2) the name, telephone number, mailing address, and email address of your counsel, if any; and (3) a description of your Dispute. Engaging in the Conference is a condition precedent that must be fulfilled before commencing arbitration. The statute of limitations and any filing-fee deadlines shall be tolled while the parties engage in the Conference process.

Applicable Law. You and OHI agree that United States federal law, including the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of North Carolina, without regard to conflict-of-laws principles, will govern all Covered Dispute Matters.

Arbitration. Any Covered Dispute Matter must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (including utilizing desk, phone, or video-conference proceedings where appropriate and permitted to mitigate costs of travel). If AAA is not available to arbitrate, the parties will select an alternative arbitral forum. If the Informal Dispute Resolution Conference does not resolve the Dispute within forty-five (45) days after receipt of a Notice, either party shall have the right to finally resolve the Dispute through binding arbitration in accordance with this Arbitration Agreement. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”) containing the information and certifications customarily required under the AAA Consumer Arbitration Rules, including a statement of the legal claims and factual bases, the remedy sought, and evidence of payment of any necessary filing fees.

The Arbitrator’s Award. For matters where the relief sought is over $5,000, the arbitrator’s written decision will include the essential findings and conclusions upon which the award is based. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof.

Exceptions to Arbitration. There are three exceptions to this provision to arbitrate: first, if either party reasonably believes that the other party has violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction; second, each party retains the right to seek relief in a small claims court for disputes within the jurisdiction of such courts; and third, where application of this provision to arbitrate is prohibited by applicable law.

Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this provision. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the dispute or the relief sought was frivolous or was brought for an improper purpose.

Batch Arbitration. In the event that ten (10) or more individual requests for arbitration of a substantially similar nature are filed against OHI by or with the assistance of the same law firm, group of law firms, or organizations within a ninety (90)-day period, the AAA shall administer the arbitration demands in batches of up to 100 requests per batch, appoint one arbitrator for each batch, and provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective, and/or mass arbitration or action of any kind, except as expressly set forth in this provision.

Judicial Forum for Legal Disputes. Unless you and OHI agree otherwise, and except for claims properly brought in small claims court, in the event that the agreement to arbitrate is found not to apply to you or to a particular claim or dispute — whether as a result of your decision to opt out, a decision by the arbitrator or a court, because the claim is not subject to arbitration pursuant to applicable law, or otherwise — you agree (except as otherwise provided by law) that any such claim or dispute must be resolved exclusively by a state or federal court located in Wake County, North Carolina. You and OHI agree to submit to the exclusive personal jurisdiction of the courts located within Wake County, North Carolina for the purpose of litigating all such claims or disputes.

Severability. Except as provided in the subsection entitled “Waiver of Certain Rights,” if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement will remain in full force.

YOU MAY OPT OUT OF ARBITRATION. IF YOU ARE A NEW OHI USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE (“OPT OUT”) BY EMAILING AN OPT-OUT NOTICE TO info@oakhealthinstitute.com. THE OPT-OUT NOTICE MUST BE RECEIVED WITHIN THIRTY-ONE (31) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. IF YOU ARE NOT A NEW OHI USER, YOU HAVE UNTIL THIRTY-ONE (31) DAYS AFTER THE POSTING OF MATERIAL CHANGES TO THE ARBITRATION PROVISION TO SUBMIT AN OPT-OUT NOTICE.

Arbitration Opt-Out Procedure. In order to opt out, within thirty-one (31) days after you accept these Terms for the first time (or the modified terms following a material change to this Arbitration Agreement), you must email your legal name, mailing address (including street address, city, state, and zip code), and the email address(es) associated with your account(s) to which the opt-out applies, to info@oakhealthinstitute.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out, all other parts of these Terms of Use will continue to apply to you.

WAIVER OF CERTAIN RIGHTS. BY AGREEING TO THIS AGREEMENT, YOU AND OHI HEREBY IRREVOCABLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE). EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.

STATUTE OF LIMITATIONS. YOU AND OHI AGREE THAT ANY DISPUTE SUBJECT TO THIS ARBITRATION AGREEMENT MUST BE INITIATED VIA ARBITRATION WITHIN THE APPLICABLE STATUTE OF LIMITATION FOR THAT CLAIM OR CONTROVERSY, OR IT WILL BE FOREVER TIME-BARRED.

22. Indemnification

You agree to defend, indemnify, and hold OHI and any affiliates harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (whether at law or equity), fees, costs, and attorneys’ fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Platform, Products, Services, or any information posted on the Platform; (ii) your breach of these Terms of Use or the OHI Privacy Policy; (iii) the content or subject matter of any information you provide to OHI, the Medical Practice, your Provider, or a customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Platform, Products, Services, or any information on the Platform, including, without limitation, infringement of third-party intellectual property rights or privacy rights.

23. Disclaimer of Warranties

OHI DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. OHI DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, EXTERNAL SERVICES, AND LINKED WEBSITES. OHI DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY.

24. Limitation of Liability Regarding Use of Platform and Services

OHI AND ANY THIRD PARTIES MENTIONED ON THIS PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, OTHER OHI SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, OTHER OHI SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE OHI SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF OHI TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM AND OHI SERVICES IS $500 (FIVE HUNDRED DOLLARS).

25. Governing Law

These Terms of Use, and any dispute between you and OHI or related to the Services, shall be governed by the laws of the State of North Carolina without regard to principles of conflicts of law. Subject to Section 21, any action shall take place in Wake County, North Carolina, and you consent to said jurisdiction.

26. Force Majeure

We will not be deemed to be in breach of these Terms or liable for any failure or delay in fulfilling or performing any term of these Terms of Use or our Privacy Policy when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, explosion, pandemic, or epidemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades; (f) national or regional emergency; and (g) other events beyond the reasonable control of OHI. We will do our best to communicate with you and to provide notice within thirty (30) days of the Force Majeure Event. We shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized, and shall resume the performance of our obligations as soon as reasonably practicable after the removal of the cause.

27. Copyright & Trademark Information

Copyright © 2026 Pirate Alley, LLC. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

28. Revisions; General

OHI reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between OHI and you pertaining to the subject matter hereof. In its sole discretion, OHI may from time to time revise these Terms of Use by updating this posting. You should periodically visit this page to review the current Terms of Use so that you are aware of any revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use.

29. Contact

Oak Health Institute / Pirate Alley, LLC

Email: info@oakhealthinstitute.com

Mailing Address: [MAILING ADDRESS]

 

Medical Services Provided By:

Frank J. Welch, MD PLLC

 

Pharmacy:

Formulation Compounding Center

Email: info@formulationrx.com  |  Phone: (469) 946-6690  |  Fax: (469) 946-6691