Terms of Use

Last Updated: May 26, 2026

ARBITRATION NOTICE AND CLASS ACTION WAIVER. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION / JURY TRIAL WAIVER (SECTION 22) THAT REQUIRE THE USE OF INDIVIDUAL ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 22.7. MEDICAL-MALPRACTICE CLAIMS ARE GOVERNED BY A SEPARATE ARBITRATION AGREEMENT CONTAINED IN THE APPLICABLE PATIENT INFORMED CONSENT.

These Terms of Use and Sale (these “Terms”) are a legally binding contract between you and MD Hydration, Inc., a California corporation doing business as Hydration Room, and its affiliated professional medical corporations and service providers (collectively, “Hydration Room,” “we,” “us,” or “our”). These Terms govern your access to and use of the website located at shop.hydrationroom.com and any related Hydration Room websites, mobile applications, and online services (collectively, the “Site”), and your purchase of any products or services through the Site (collectively, the “Products”). Please read these Terms carefully before using the Site or purchasing any Product.

1.  ACCEPTANCE OF THESE TERMS

By (a) registering for an account on the Site, (b) clicking “Place Order,” “Pay Now,” “Submit,” “I Agree,” or any equivalent button at checkout or otherwise on the Site, (c) checking a box indicating acceptance of these Terms, or (d) accessing or using the Site or any Product, you represent that you have read, understand, and agree to be bound by these Terms and by our Privacy Policy (https://hydrationroom.com/privacy-policy-and-terms), which is incorporated into these Terms by reference. If you do not agree to these Terms, do not access or use the Site or purchase any Product.

If you purchase any Product that is dispensed as a peptide or other medical therapy by a licensed Hydration Room clinician, your purchase is also conditioned on your prior execution of the applicable Patient Informed Consent, including any product-specific consent (each, an “Informed Consent”). In the event of any conflict between these Terms and the applicable Informed Consent with respect to medical/clinical subject matter (including without limitation medical-malpractice claims), the Informed Consent governs.

2.  ELIGIBILITY

The Site is intended for users who are at least eighteen (18) years of age and who are located in the United States. By accessing the Site or purchasing any Product, you represent that you (a) are at least 18, (b) reside in the United States, (c) have the legal capacity to enter into these Terms, and (d) are not prohibited from receiving the Products under any applicable law (including without limitation any state pharmacy or telehealth law). Certain Products may be sold or shipped only to addresses in specified states; we may decline any order for any reason, including the destination state.

3.  ACCOUNT REGISTRATION AND SECURITY

To access certain features of the Site (including viewing product details), you must create a Hydration Room account. You agree to (a) provide accurate, current, and complete information at registration; (b) maintain the security and confidentiality of your account credentials; (c) promptly update your account information when it changes; and (d) notify us immediately of any unauthorized access to your account. You are responsible for all activity that occurs under your account. We may suspend or terminate your account at any time for any reason, including any actual or suspected breach of these Terms or any unlawful activity.

4.  MEDICAL DISCLAIMER AND HEALTHCARE RELATIONSHIP

Information on the Site (including product descriptions, blog posts, FAQ entries, and any educational content) is provided for general informational and educational purposes only and is not a substitute for medical advice, diagnosis, or treatment from a qualified healthcare provider. Statements on the Site have not been evaluated by the U.S. Food and Drug Administration. Our services and Products are not intended to diagnose, treat, cure, or prevent any disease. Individual results may vary. Please consult a physician before beginning any therapy program or making any adjustments in your healthcare, diet, or lifestyle, and do not discontinue any prescribed medication or therapy without consulting your treating clinician.

Use of the Site does not, by itself, create a physician-patient or other healthcare-provider relationship between you and Hydration Room. A clinical relationship is established only when a licensed Hydration Room clinician performs an appropriate good-faith examination consistent with applicable California law (which may be conducted in person or by telehealth as permitted by California law) and confirms in writing that you have been accepted as a patient. The Hydration Room is structured to comply with applicable California requirements for the corporate practice of medicine; medical services are provided by physician-owned or otherwise duly authorized professional medical corporations.

5.  PRODUCTS; INVESTIGATIONAL DISCLOSURES

We sell a range of products that may include topical serums, dietary supplements, nasal sprays, oral capsules, injectable kits, lab panels, memberships, and other goods or services (each, a “Product”). Certain Products are prescription medications (including without limitation peptide preparations and GLP-1 receptor agonists) and are dispensed only pursuant to a valid prescription from a licensed Hydration Room clinician and only by a licensed third-party supplier. We do not manufacture prescription Products.

You acknowledge and agree that:

• Such Products are not approved by the FDA, are not reviewed by the FDA for safety, efficacy, sterility, or quality prior to dispensing, and may differ from the corresponding FDA-approved drug products in salt form, concentration, excipients, sterility, or other characteristics.
  
• Certain peptides (including without limitation BPC-157, KPV, Dihexa, CJC-1295 (no DAC), and ipamorelin) do not appear on applicable FDA lists for compounding and are considered investigational; their lawful availability may change without notice based on action by applicable federal or California regulatory authorities.
  
• Most uses of peptides offered through the Site are off-label.
  
• Product descriptions, images, dosage, and pricing on the Site are provided for reference only and may contain inaccuracies, errors, or omissions; we reserve the right to correct any such inaccuracies and to update Product information at any time.
  
• We may suspend, substitute, refund, or discontinue any Product at any time and at our sole discretion, including following any change in regulatory status or availability.
  

6.  ORDERS, PRICING, PAYMENT, AND TAXES

(a)  Order acceptance. Your submission of an order through the Site is an offer to purchase the Product(s) you have selected, subject to these Terms. No order is accepted, and no contract for sale is formed, until we (or the dispensing supplier, where applicable) confirm acceptance by email or by shipping the Product. We may reject any order, including by reason of suspected fraud, ineligibility, unavailability, or pricing or product description error.

(b)  Pricing and currency. All prices are stated in U.S. dollars and are subject to change without notice. The price applicable to your order will be the price displayed on the Site at the time you place the order, and does not include taxes or shipping and handling charges, which will be disclosed before you submit your order. Prices on the Site may differ from prices at our physical clinics.

(c)  Promotions; coupons. Coupons, promotional pricing, member discounts, and similar offers are subject to the terms and conditions identified at the time of the promotion, and may not be combined with other offers.

(d)  Payment. You authorize us (and our third-party payment processors) to charge your selected payment method for the total amount of your order (including taxes and shipping and handling), and for any subsequent recurring charge to which you have agreed. We do not store full payment card numbers; payment processing is handled by our third-party processors subject to their own terms.

(e)  Taxes. You are responsible for all applicable sales, use, excise, and similar taxes. Where required, we will collect such taxes at checkout based on the shipping address.

(f)  Pricing errors. In the event of a pricing or description error, we reserve the right to cancel any order for the affected Product before it ships and to issue a full refund of any amount charged.

7.  SUBSCRIPTIONS AND AUTO-RENEWAL

Some Products and memberships are offered on a subscription basis with automatic renewal (each, a “Subscription”). When you enroll in a Subscription, you authorize Hydration Room (and our third-party payment processors) to charge your payment method on a recurring basis at the interval and price disclosed at checkout, until you cancel.

Disclosures Required by California Law. Under California law applicable to automatically renewing subscriptions:

• Your Subscription will automatically renew at the price and frequency disclosed at checkout (which may be subject to change with advance notice).
  
• Your Subscription continues until you cancel.
  
• You may cancel your Subscription at any time, free of charge, through your account on the Site, by clicking the cancellation link in any renewal email, or by contacting us at info@hydrationroom.com or (949) 432-5864. Cancellation will take effect at the end of the then-current billing period; no refunds will be issued for amounts charged before cancellation, except as required by law.
  
• If we change the price or material terms of your Subscription, we will provide you with notice at the email address associated with your account at least thirty (30) days before the change takes effect (or such longer period as required by applicable law) and an opportunity to cancel before the new charge.
  
• If your Subscription includes a free trial or promotional discount, the trial or promotional terms will be disclosed at checkout, and your payment method will be charged at the then-current rate when the trial or promotional period ends, unless you cancel before then.
  

8.  SHIPPING AND HANDLING

(a)  Shipping and handling fees. The fees identified on the Site as “shipping and handling” (or any similar label) cover not only the cost of postage but also our costs of labor, packaging, warehousing, insurance, refrigerated shipping materials where required, returns processing, call-center support, and other handling and processing services. Fees do not constitute, reflect, or correspond to the actual cost of postage alone.

(b)  Carriers and delivery times. Shipping times shown on the Site are estimates only and are not guaranteed. Carrier delays, weather, and other circumstances may extend delivery times.

(c)  Risk of loss and title. Risk of loss and title for Products pass to you upon delivery of the Products to the common carrier (FOB shipping point), except as otherwise required by applicable law.

(d)  Products requiring refrigeration. Some Products (including certain sprays and other Peptide preparations) may be shipped with cold packs and/or are recommended to be refrigerated upon receipt. You agree to (i) arrange for prompt receipt of any Product shipped to you; (ii) inspect each shipment immediately upon arrival; (iii) refrigerate any Product designated for refrigeration as soon as practicable after receipt; and (iv) notify us within twenty-four (24) hours of delivery if a Product designated for refrigeration arrives with damaged packaging or melted cold packs, by email to info@hydrationroom.com (with photographs of the shipment and cold packs). We will, in our reasonable discretion and in coordination with the dispensing supplier, arrange for replacement of Products that fail temperature on arrival when the foregoing notice requirements are satisfied.

(e)  Geographic restrictions; international orders. We ship only to addresses within the United States and only to states in which the relevant Product may lawfully be shipped. We do not accept international orders.

9.  RETURNS, REFUNDS, AND CANCELLATIONS – ALL SALES FINAL

ALL SALES ARE FINAL. Except as expressly provided in this Section 9 or in Section 8(d) (defective or damaged Products on arrival), or as otherwise required by applicable law, all Products are sold on a final-sale basis and are non-returnable, non-refundable, and non-exchangeable. We do not accept returns or provide refunds, store credit, or exchanges based on change of mind, buyer’s remorse, or customer preference. This final-sale policy applies to all Products, including both prescription and non-prescription Products.

(a)  Prescription Products are final sale. Applicable law restricts the return of dispensed prescription products. All sales of prescription Products (including peptide preparations, GLP-1 medications, and other prescription Products) are FINAL. We cannot accept returns of prescription Products under any circumstances, except for verified defects on arrival as described in Section 8(d) above or as required by applicable law.

(b)  Non-prescription Products (which include certain sprays, serums, and other Products that do not require a clinical consultation). Non-prescription Products are likewise sold on a final-sale basis and are non-returnable and non-refundable, including for health, safety, and hygiene reasons and because we cannot verify the storage conditions, handling, or chain of custody of any Product after it has left our facility. This applies whether or not the Product packaging has been opened. If you believe a Product arrived defective or damaged, do not use it and contact us promptly at info@hydrationroom.com in accordance with Section 8(d) and Section 9(e).

(c)  Cancellations. Orders that have not yet been transmitted to the dispensing supplier or shipped may be cancelled by contacting customer service promptly. Once an order has been transmitted to the dispensing supplier or shipped, it cannot be cancelled.

(d)  Refunds. Where a refund is authorized (by reason of a verified defect or damage on arrival under Section 8(d), a non-waivable right under applicable law, or a discretionary goodwill determination under Section 9(e)), it will be issued to the payment method originally used. Refunds may take up to ten (10) business days to appear on your statement after issuance.

(e)  Adverse reactions; discretionary accommodations. Your health and safety come first. If you experience an adverse reaction or other medical concern relating to any Product, stop using the Product and seek appropriate medical care immediately (call 911 or go to the nearest emergency department in an emergency), and report the event to us promptly as described in the applicable Informed Consent. Reporting an adverse event is for your safety; it is not a condition of, and does not by itself entitle you to, any refund, credit, replacement, or other remedy. Nothing in this Section 9 limits, excludes, or modifies any right or remedy you may have under any non-waivable consumer-protection or product-warranty law of the state in which you reside. Separately, and in our sole discretion, we may (but are not obligated to) offer a refund, credit, or replacement as a goodwill accommodation in an individual case; where the matter involves a clinical question, a licensed Hydration Room clinician may review the relevant information. Any such accommodation is made on a case-by-case basis, is not a waiver of these Terms or a precedent for any other case, and does not alter the final-sale nature of our Products.

10.  COMMUNICATIONS, EMAIL, AND SMS

When you create an account or place an order, we will send you transactional communications (order confirmations, shipping notifications, refill reminders, appointment reminders, account messages, and similar communications) by email and, where you have provided a mobile number, by SMS. Standard message and data rates may apply.

Marketing communications (email or SMS) require your separate affirmative opt-in. Marketing communications may be sent using automated technology, and your consent to receive marketing communications is not a condition of any purchase. You may opt out of marketing email at any time using the unsubscribe link in any message, and you may opt out of marketing SMS at any time by replying STOP (HELP for help). Opting out of marketing communications does not affect transactional communications. By opting in to marketing SMS, you acknowledge that message frequency varies, that message and data rates may apply, that you may reply STOP at any time to cancel and HELP for help, and that further information is available in our Privacy Policy. Your opt-in to marketing SMS will be captured as a separate affirmative consent (such as an unchecked opt-in box at signup or checkout) and will not be bundled with any other consent under these Terms.

11.  PRIVACY

Our collection and use of personal information is described in our Privacy Policy, available at https://hydrationroom.com/privacy-policy-and-terms, which is incorporated into these Terms by reference. By using the Site or purchasing any Product, you acknowledge our Privacy Policy. Personal medical information collected by the Hydration Room in connection with providing health-care services is governed by applicable medical-privacy laws.

12.  USER CONTENT; REVIEWS

You may have the opportunity to submit reviews, ratings, comments, photographs, testimonials, or other content to the Site or to our public-facing channels (collectively, “User Content”). You retain ownership of your User Content, but you grant Hydration Room a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, display, and create derivative works from your User Content in any media, in connection with the Site and our business. You represent and warrant that you own or have the necessary rights to your User Content; that your User Content does not violate any third-party rights or any law; and that your User Content is true and accurate. We may, but are not obligated to, monitor, edit, refuse to post, or remove any User Content at our discretion.

Nothing in these Terms prohibits you from posting truthful negative reviews of Hydration Room or any Product. Consistent with applicable consumer-review-protection law, we do not enforce any provision that would penalize you for, or restrict your ability to provide, an honest review of our Site or Products.

13.  INTELLECTUAL PROPERTY

The Site and all content, features, and functionality on the Site (including without limitation text, graphics, logos, images, audio, video, software, and the “Hydration Room” name and marks) are owned by Hydration Room, our licensors, or other providers, and are protected by U.S. and international copyright, trademark, trade-dress, patent, trade-secret, and other intellectual-property laws. Except for the limited license to use the Site in accordance with these Terms, no right, title, or interest in or to the Site or any content is transferred to you, and all rights not expressly granted are reserved.

14.  PROHIBITED USES

You agree not to use the Site or any Product to:

• violate any applicable law, regulation, or third-party right;
  
• submit false, misleading, or inaccurate information (including in any health questionnaire);
  
• impersonate any person or entity, including any Hydration Room employee or clinician;
  
• interfere with, disrupt, or attempt to gain unauthorized access to the Site, our servers, or any associated network or systems (including by means of crawlers, scrapers, robots, denial-of-service, or similar tools);
  
• introduce any virus, trojan, worm, or other malicious or harmful code;
  
• collect, harvest, or solicit personal information from other users;
  
• reverse-engineer, decompile, or attempt to derive source code from any portion of the Site;
  
• resell, sublicense, transfer, or otherwise distribute any Product (including without limitation any prescription Product);
  
• use any Product in connection with any athletic competition where its use is prohibited by applicable anti-doping rules; or
  
• use the Site or any Product in any manner that could damage, disable, overburden, or impair Hydration Room or that infringes the rights of any other party.
  

15.  THIRD-PARTY SERVICES, LINKS, AND PAYMENT PROCESSORS

The Site is hosted on Shopify, Inc.’s platform, and integrates with third-party service providers (including without limitation payment processors, shipping carriers, compounding suppliers, telehealth platforms, and analytics providers). Your use of any third-party service is subject to that third party’s terms and privacy policies, over which we have no control. The Site may contain links to third-party websites; we do not endorse, are not responsible for, and assume no liability for the content, products, services, or practices of any third-party site.

16.  DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR AS REQUIRED BY APPLICABLE LAW, THE SITE AND ALL PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYDRATION ROOM DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND THE PRODUCTS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT WILL ACHIEVE ANY PARTICULAR RESULT.

Some jurisdictions do not allow exclusion of certain warranties; the foregoing disclaimers apply only to the extent permitted by law in your jurisdiction. Nothing in these Terms is intended to exclude, restrict, or modify any right or remedy available under any non-waivable consumer-protection law of any U.S. state in which you reside.

17.  LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL HYDRATION ROOM, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION), REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE AGGREGATE LIABILITY OF HYDRATION ROOM AND ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID TO HYDRATION ROOM FOR THE PRODUCT GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100).

The foregoing limitations do not apply to (i) liability for gross negligence or willful misconduct; (ii) liability that cannot be limited under applicable law (including without limitation, in California, claims for personal injury caused by Hydration Room’s negligence to the extent unenforceable under applicable California law); (iii) claims for medical malpractice governed by a separate Patient Informed Consent; or (iv) where you reside in a U.S. state whose consumer-protection law prohibits this limitation (for example, in New Jersey to the extent applicable New Jersey consumer-protection law renders this limitation unenforceable as to a particular claim), in which case this limitation does not apply to the extent so prohibited.

18.  INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Hydration Room, its affiliates, and their respective officers, directors, employees, agents, and service providers from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your breach of these Terms; (b) your User Content; (c) your violation of any law or third-party right; (d) your misuse of any Product or the Site; (e) your provision of false or incomplete information to Hydration Room (including in any health questionnaire); or (f) your transfer, resale, or sharing of any prescription Product.

19.  CHANGES TO THESE TERMS; CHANGES TO THE SITE

We may revise these Terms from time to time. The “Last Updated” date at the top of this document indicates when these Terms were last revised. Material changes will be communicated by posting the revised Terms to the Site and, where required by law or where reasonably practicable, by sending notice to the email address associated with your account. Your continued use of the Site or purchase of any Product after the effective date of any revision constitutes your acceptance of the revised Terms. Changes to the arbitration provision (Section 22) will not apply to any dispute for which the parties have actual notice on or before the date the change is posted. We may also modify, suspend, or discontinue any portion of the Site or any Product at any time, with or without notice.

20.  TERMINATION

We may terminate or suspend your access to the Site, your account, and your ability to purchase Products at any time, with or without cause, with or without notice. Upon termination, all provisions of these Terms that by their nature should survive termination will survive, including without limitation the Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Arbitration, Governing Law, and Limitation on Time to File Claims provisions.

21.  GOVERNING LAW AND VENUE

These Terms, and any non-arbitrable dispute arising out of or relating to these Terms, the Site, or the Products, are governed by the laws of the State of California, without regard to its conflict-of-laws principles, and (where applicable) by the United States Federal Arbitration Act. Subject to the arbitration provision in Section 22, any judicial action (including any action to compel arbitration or to confirm, modify, or vacate an arbitration award) must be brought exclusively in the state or federal courts located in Orange County, California, and you and Hydration Room consent to the personal jurisdiction of, and venue in, such courts.

22.  ARBITRATION AND CLASS ACTION WAIVER

22.1  Scope.

You and Hydration Room agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, any Product, your account, any marketing or communication from us, any payment, return, refund, or refill, or any other interaction between you and Hydration Room (each, a “Claim”), shall be resolved by individual binding arbitration, except as expressly set forth in this Section 22. This Section 22 applies regardless of the legal theory on which the Claim is based (whether contract, tort, statute, fraud, misrepresentation, or otherwise) and survives termination of these Terms or your account.

22.2  Excluded Claims.

This Section 22 does not apply to, and the following Claims are not arbitrable under this Section 22: (a) Claims for medical malpractice, professional negligence, or other bodily-injury Claims arising out of medical or peptide treatment provided by any Hydration Room clinician or affiliated professional medical corporation, which are governed by the separate Arbitration Agreement contained in the applicable Patient Informed Consent; (b) Claims that may be brought in small-claims court, provided that they remain in small-claims court (and have not been removed or appealed to a court of general jurisdiction) and are brought on an individual basis; and (c) Claims for injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights.

22.3  Informal Resolution.

Before initiating arbitration, the party initiating the Claim must first send to the other party a written notice describing the Claim and the relief sought (a “Notice of Claim”). For Claims by you against Hydration Room, the Notice of Claim must be sent to: Hydration Room, Attn: Legal, info@hydrationroom.com. For Claims by Hydration Room against you, the Notice of Claim will be sent to the email address associated with your account. The parties will then attempt in good faith to resolve the Claim informally for at least sixty (60) days after the Notice of Claim is received. If the Claim is not resolved within that period, either party may proceed to arbitration.

22.4  Arbitration Procedure.

Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its then-current Consumer Arbitration Rules (the “AAA Rules”). The arbitration shall be conducted by a single neutral arbitrator. Any in-person hearing shall take place in Orange County, California; however, you may request that the hearing be conducted by telephone or video conference, and the arbitrator shall grant such request if you reside more than 100 miles from Orange County, California. The arbitrator shall have exclusive authority to resolve any dispute as to the interpretation, applicability, enforceability, or formation of this Section 22, including any claim that all or any part of it is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section 22.

22.5  Class Action Waiver.

YOU AND HYDRATION ROOM EACH AGREE THAT ANY CLAIM MAY BE BROUGHT ONLY IN YOUR OR HYDRATION ROOM’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING (INCLUDING ANY PRIVATE ATTORNEY GENERAL ACTION TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW). THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY PROVISION OF THIS SECTION 22.5 AS TO A PARTICULAR CLAIM, THAT CLAIM (AND ONLY THAT CLAIM) SHALL BE SEVERED FROM ARBITRATION AND BROUGHT IN COURT (SUBJECT TO SECTION 21), AND THE REMAINING CLAIMS SHALL PROCEED IN ARBITRATION.

22.6  Jury Trial Waiver.

YOU AND HYDRATION ROOM EACH WAIVE ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION UNDER THIS SECTION 22.

22.7  Right to Opt Out of Arbitration.

YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION PROVISION AND CLASS ACTION WAIVER IN THIS SECTION 22 BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO HYDRATION ROOM, ATTN: LEGAL, INFO@HYDRATIONROOM.COM, WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCEPT THESE TERMS (THE “OPT-OUT PERIOD”). YOUR OPT-OUT NOTICE MUST INCLUDE: (A) YOUR FULL NAME AND ADDRESS; (B) THE EMAIL ADDRESS ASSOCIATED WITH YOUR HYDRATION ROOM ACCOUNT; AND (C) A CLEAR STATEMENT THAT YOU WISH TO OPT OUT OF ARBITRATION UNDER THESE TERMS. IF YOU TIMELY OPT OUT, NEITHER YOU NOR HYDRATION ROOM WILL BE REQUIRED TO ARBITRATE THE CLAIMS SUBJECT TO SECTION 22; THE REMAINDER OF THESE TERMS WILL CONTINUE IN EFFECT. FOR THE AVOIDANCE OF DOUBT, THE EXCLUDED CLAIMS IN SECTION 22.2 REMAIN EXCLUDED FROM ARBITRATION REGARDLESS OF WHETHER YOU OPT OUT, AND MEDICAL-MALPRACTICE CLAIMS REMAIN GOVERNED BY THE APPLICABLE PATIENT INFORMED CONSENT. OPTING OUT OF ARBITRATION WILL NOT AFFECT ANY OTHER PROVISION OF THESE TERMS.

22.8  Costs.

Filing, administrative, and arbitrator fees shall be paid in accordance with the AAA Rules; however, Hydration Room will pay any portion of the filing fees that exceeds the cost of filing a complaint in the federal district court for the district where you reside if you make a good-faith request that we do so. Each party shall otherwise bear its own attorneys’ fees and costs, except that the arbitrator may award attorneys’ fees and costs to a prevailing party where authorized by applicable law.

22.9  Changes.

Changes to this Section 22 will not apply to any dispute for which the parties have actual notice on or before the date the change is posted.

23.  LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT (OTHER THAN A CLAIM GOVERNED BY THE PATIENT INFORMED CONSENT OR BY A NON-WAIVABLE STATUTE OF LIMITATIONS APPLICABLE TO YOUR CLAIM) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

24.  ACCESSIBILITY

Hydration Room is committed to maintaining a Site that is accessible to all users, including individuals with disabilities, and we work to conform our Site to the Web Content Accessibility Guidelines (WCAG) 2.2, Level AA. If you have difficulty accessing any portion of the Site or believe a particular page is not accessible, please contact us at info@hydrationroom.com so that we can address the issue.

25.  CALIFORNIA CONSUMER NOTICE

Under applicable California consumer-protection law, California users are entitled to the following consumer rights notice: The provider of the Site is MD Hydration, Inc., 4525 MacArthur Boulevard, Suite 600, Newport Beach, CA 92660. Complaints regarding the Site or requests for further information should be sent to info@hydrationroom.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Sacramento, CA 95834, or by telephone at (800) 952-5210. (Provider address shown is the registered business address as of the Last Updated date; please verify the current address.)

26.  ELECTRONIC COMMUNICATIONS AND SIGNATURES

By creating an account or placing an order, you consent to receive communications from Hydration Room in electronic form, and you agree that electronic communications, agreements, signatures, and records (including without limitation clicks of an “I Agree,” “Place Order,” or similar button) satisfy any legal requirement that such communications, agreements, signatures, and records be in writing or signed, in accordance with applicable federal and California laws governing electronic signatures and records. You may withdraw your consent to electronic communications by contacting us, but doing so may require us to terminate your account and your ability to use the Site.

27.  FORCE MAJEURE

We are not responsible for any failure or delay in performance under these Terms caused by events beyond our reasonable control, including without limitation acts of God, natural disasters, pandemic, epidemic, war, terrorism, civil unrest, government action, labor disputes, supply-chain disruptions (including pharmacy or compounding disruptions), regulatory action (including without limitation action by applicable federal or state regulatory authorities), carrier delays, internet or telecommunication failures, and any other circumstance beyond our reasonable control.

28.  NOTICES

Except as otherwise expressly provided in these Terms, any notice to Hydration Room shall be sent by email to info@hydrationroom.com, with a copy by U.S. Mail to MD Hydration, Inc., 4525 MacArthur Boulevard, Suite 600, Newport Beach, CA 92660. Any notice to you shall be sent to the email address or postal address associated with your account.

29.  ASSIGNMENT

You may not assign or transfer these Terms or any of your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent; any purported assignment in violation of this Section is null and void. We may assign these Terms in whole or in part at any time, with or without notice.

30.  WAIVER AND SEVERABILITY

No waiver by Hydration Room of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Hydration Room to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect; provided, however, that if Section 22.5 (Class Action Waiver) is found unenforceable as to a particular Claim, that Claim shall be severed and proceed in court as described in Section 22.5, and the remainder of Section 22 shall remain in effect.

31.  ENTIRE AGREEMENT

These Terms (together with our Privacy Policy and any Patient Informed Consent or other agreement expressly incorporated by reference) constitute the entire agreement between you and Hydration Room with respect to the Site and the Products, and supersede all prior or contemporaneous agreements, communications, and understandings, whether oral or written. In the event of any conflict between these Terms and the Privacy Policy, these Terms control with respect to commercial subject matter, and the Privacy Policy controls with respect to privacy practices. In the event of any conflict between these Terms and the applicable Patient Informed Consent, the Patient Informed Consent controls with respect to medical/clinical subject matter (including medical-malpractice claims).

32.  CONTACT

Questions or comments about these Terms may be directed to: Hydration Room, 4525 MacArthur Boulevard, Suite 600, Newport Beach, CA 92660; info@hydrationroom.com; (949) 432-5864.

By clicking “Place Order,” registering for an account, or using the Site, you acknowledge that you have read and agree to these Terms of Use and Sale.