Terms of Use

BringRx LLC ('BringRx', 'the Company', 'we', or 'us') owns and operates the website located at www.bringrx.com, and may now or in the future own and/or operate related mobile applications (collectively, the "Platform"). Your access to and use of the Platform, its content ("Content"), any products or services made available through the Platform, and any affiliated website, software, or application operated by BringRx (collectively, the "Service") are governed by these Terms and Conditions (this "Agreement"). Please read this Agreement carefully, as it contains important information about your rights and responsibilities when using the Service. In this Agreement, "you" and "your" refer to the individual using the Service. By clicking "I Agree", checking a box indicating your acceptance, using any acceptance mechanism presented through the Service, or otherwise affirmatively consenting to this Agreement, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree, do not create an account and do not use the Service. You also acknowledge and authorize that any person who clicks "I Agree" or otherwise indicates acceptance on your behalf has the authority to bind you to this Agreement.

Acceptance of Terms and Conditions

Your access to and use of the Service are governed by this Agreement and all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in full, you are not permitted to visit, access, register for, or use the Service or any Content made available through it, other than to review this Agreement. The Service is continually evolving, and BringRx reserves the right to update, modify, or remove any portion of the Service or this Agreement at any time, in our sole discretion, and without prior notice. Any changes to this Agreement become effective immediately upon being posted on the Platform. Unless stated otherwise, any new Content, features, or functionality added to the Service will also be subject to this Agreement once posted. If you do not agree with this Agreement or any future modifications, your only recourse is to stop using the Service.

Your continued use of the Service after changes have been posted will constitute your acceptance of the Agreement as revised.

Children

The Platform is not intended for use by children. If you are under 18 years of age, you may not access or use the Platform in any capacity. By accessing or using the Platform, you represent and warrant that you are at least 18 years old.

Your Relationship with Us

BringRx is a technology company that provides individuals who register as users of the Service ("Users") with access to certain products and services offered by independent third parties. Through the Platform, Users may be connected with prescription-fulfillment services provided by Diversified Pharmacy Inc. DBA MediVera Compounding Pharmacy, located at 5225 Crooks Rd., Troy, MI 48098, or any other independent pharmacy that BringRx may partner with in the future (collectively, the "Pharmacy"). BringRx may also facilitate access to healthcare services delivered by one or more independent medical groups, including AyaRx Providers PC, an Alaska professional corporation ("AK PC"), Aya Medical Providers PA, a Kansas professional association ("KS PA"), AyaRx Providers PC, a New Jersey professional service corporation ("NJ PC"), and AyaRx Providers PC, a California professional corporation ("CA PC," and together with AK PC, KS PA and NJ PC, the "Aya PCs"), AyaRx, LLC, a Delaware limited liability company ("AyaRx"), at 1 Mid America Plaza, 3rd Floor #5031 Oakbrook Terrace, IL 60181, and any associated physicians, nurse practitioners, or other licensed healthcare professionals who provide telehealth services through the Platform ("Providers"). These entities are collectively referred to as the "Medical Group" in these Terms.

By accepting this Agreement, you acknowledge and agree that any services you receive from the Pharmacy, Medical Groups, or Providers through the Platform are subject to this Agreement, and that the Pharmacy, Medical Groups, and Providers are intended third-party beneficiaries of this Agreement. BringRx acts solely as a technology platform that connects you to these independent third parties. BringRx does not practice medicine, does not provide clinical care, does not prepare or dispense medications, and does not direct, supervise, or control the professional judgment of any Provider or Pharmacy. Each Provider is solely responsible for the healthcare services he or she determines appropriate, and each Pharmacy is solely responsible for preparing and dispensing medications in accordance with applicable law. BringRx makes no representations or warranties regarding the quality, suitability, professional qualifications, reliability, timeliness, or accuracy of any services rendered by the Pharmacy, Medical Groups, or Providers.

By using the Service, you acknowledge that BringRx is not a healthcare provider and that no doctor-patient or healthcare-provider-patient relationship is created between you and BringRx. You may, however, enter into such a relationship with an independent Provider who delivers clinical services to you through the Platform. You further agree that the Medical Groups and Providers may send you messages, reports, emails, SMS/MMS texts, or other communications through the Service regarding your evaluation or treatment, and that it is your sole responsibility to monitor, review, and respond to such communications. Neither BringRx nor the Pharmacy nor any Medical Group or Provider will be liable for any injury, loss, or claim arising from your failure to read, respond to, or act upon these communications, or from your failure to follow any treatment recommendations or instructions.

Although BringRx is not a healthcare provider, you establish a direct customer relationship with BringRx when you use the Platform or when you purchase any non-prescription products, memberships, or technology-based services made available through the Platform. In connection with this relationship, you may provide personal information, including health information, which BringRx may use in accordance with its Privacy Policy. Additional details regarding data use and privacy practices are described in the "Privacy Policy" and "Protected Information" sections of this Agreement.

Customer Care Mobile Messaging Terms & Conditions

By checking the opt-in box, placing an order, or sending an SMS/MMS message to BringRx, you agree to the BringRx Mobile Messaging Terms & Conditions. When you opt in, you authorize BringRx to send SMS/MMS messages to the mobile number you provide. These messages may include replies to inquiries, real-time communication regarding our services, products, pricing, your account, or your orders. Message frequency will vary depending on the nature of the conversation.

You may opt out of receiving messages at any time by texting "STOP" to the number sending the messages. After you send "STOP," you will receive a confirmation message stating that you have been unsubscribed, after which you will no longer receive SMS/MMS messages from BringRx. If you wish to rejoin, you may opt in again using the original method or by texting "START."

If you experience any issues, email support@bringrx.com for assistance.

Message and data rates may apply to messages sent to you and messages you send to us. If you have questions regarding your mobile or data plan, please contact your wireless provider. For questions regarding privacy, please refer to the BringRx Privacy Policy.

Subscription Products

Certain products available for purchase through the Service may require enrollment on a subscription basis. For subscription-based products, the payment method you provide will be automatically charged at the regular intervals disclosed during the checkout process for that specific product. You may cancel a subscription at any time up to forty-eight (48) hours before the applicable monthly processing date by turning off the auto-refill feature in your user portal. If you experience any issues disabling your subscription, please contact us at support@bringrx.com.

By placing a recurring monthly order, you authorize BringRx to charge you the amount listed for the applicable product (as detailed on the product purchase page) immediately and every 30 days thereafter until you cancel. You will receive an electronic notification 5 to 7 days prior to a scheduled transaction and a receipt following each successful charge.

To simplify your experience on the Platform, you will see and pay a single total subscription price. If a subscription product you purchase requires a consultation with a Provider and/or includes a prescription medication filled through a Pharmacy, the total price you pay is a bundled amount that includes: (i) the fee charged by the Pharmacy for the prescription drug, (ii) the fee charged by the Medical Group for services provided by a Provider, and (iii) the amount BringRx charges for access to and use of the Platform. BringRx collects the Pharmacy and Medical Group portions of the total subscription price on their behalf and remits the applicable amounts to them.

Prescription Products

Certain products available through the Platform require a valid prescription from a licensed healthcare provider. You will not be able to obtain any prescription product unless you complete a consultation with a Provider through the Platform, the Provider determines that the prescription product is appropriate for you, and the Provider issues a prescription. If a Provider determines that a prescription product is appropriate and writes a prescription, the prescription will be filled through one of the Pharmacies accessible via the Platform. By purchasing a service or product that includes a prescription, you voluntarily and unconditionally waive your right to have the prescription filled at a pharmacy of your choice. If you do not wish to waive this right, you should not purchase the service. By completing your purchase, you acknowledge, represent, and warrant that you have agreed to this waiver. If you have any questions about this requirement or waiver, please contact us at support@bringrx.com. You understand that prescriptions fulfilled by the Pharmacies may not use child-resistant packaging and prescription products will not be dispensed in child-resistant containers. If you complete a consultation with a Provider and the prescription is filled through one of the Pharmacies, the prescribed product will be shipped directly to you by the applicable Pharmacy.

Limited Use and Availability

Our Service is only available to individuals who are located in states where BringRx operates, who are at least eighteen (18) years of age or older (or the age of majority in their jurisdiction of residence, if higher), and who have accepted this Agreement. By visiting, accessing, registering with, or using the Service, you represent and warrant that you meet all eligibility requirements, that when consulting with a Provider you are physically located in the same state as the shipping address listed in your account, that you will comply with all applicable laws in accessing or using the Service, and that you will use the Service solely for lawful purposes. Availability of the Service is subject to state-specific regulations and may change at any time due to changes in applicable regulatory or legal requirements.

Certain products or services available through the Service may be subject to additional age restrictions and may not be available to all Users. Not all products or services on the Platform are available to individuals of all age groups. In some circumstances, the Service may not be the appropriate method for providing information to, communicating with, or obtaining medical care from a healthcare provider. Some medical conditions may require an in-person visit, a physical examination, a procedure, or care from a provider other than one available through the Platform. A Provider may determine that your diagnosis or treatment cannot be appropriately managed through the Service, in which case you may be notified that the Service cannot be used for the issue you submitted and may receive guidance regarding potential next steps.

Consent to Use of Telehealth Services

Telehealth involves the delivery of healthcare services through electronic communications, information technology, or other means between a healthcare provider and a patient who are not in the same physical location. While the use of telehealth may offer certain benefits, there are also potential risks associated with receiving care remotely, and telehealth services may not be a substitute for in-person medical care in all circumstances. To use the Service, you will be required to review and agree to an informed consent regarding the use of telehealth (the "Patient Consent"), which will be provided to you by the Medical Groups and Providers through the Platform. You agree that BringRx is a third-party beneficiary of the Patient Consent and may enforce its terms against you.

Duty to Provide Information Access and Connectivity

You are responsible for providing and maintaining, at your own risk and expense, all necessary software, hardware, and technical capabilities required to use the Service, including but not limited to a computer or mobile device with Internet access and, where applicable, a functioning video camera. You are solely responsible for any fees or charges you incur when accessing the Service, such as Internet or mobile data fees. You agree to provide truthful, accurate, and complete information in all forms, inquiries, and other communications submitted through the Service. BringRx reserves the right to modify the access configuration of the Service at any time, including any applicable software, hardware, or other requirements, without prior notice. BringRx expressly disclaims liability for any losses or damages arising from your failure to comply with the obligations set forth in this paragraph.

Privacy Policy

BringRx understands the importance of confidentiality and privacy with respect to your personal information. Please review our Privacy Policy for an explanation of how we may collect, use, and disclose your personal information.

Protected Health Information

When you create an account with BringRx, you establish a direct customer relationship with BringRx that enables you to access and use various functions of the Service. In connection with that relationship, you may provide information to BringRx, including but not limited to your name, email address, shipping address, and phone number. This information may be collected, used, and disclosed by BringRx in accordance with our Privacy Policy, and such information is not considered "health" or "medical" information.

However, by using certain components of the Service, you may also provide medical or health-related information that may be protected under applicable laws. BringRx is not a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"). In certain circumstances, BringRx may serve as a "business associate" of a Pharmacy or Medical Group. To the extent BringRx is deemed a business associate, and solely in that capacity, BringRx may be subject to HIPAA with respect to the "protected health information" ("PHI") that you provide to the Medical Group or its Providers. In addition, any medical or health information you provide that is subject to protections under applicable state laws (collectively with PHI, "Protected Information") will be used and disclosed only as permitted by such laws. Information that does not constitute Protected Information may be collected, used, or disclosed by BringRx in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.

Registration; User Accounts, Passwords, and Security

You are required to register and create an account on the Platform in order to access the Service, and the Service is available only to Users who have registered and been granted an account with a username and password. You agree to maintain and update all information you provide to BringRx, the Medical Group, its Providers, or the Pharmacies, and to ensure that all such information remains truthful, accurate, and complete. If you fail to keep your information current, if you provide false or incomplete information, or if BringRx has reasonable grounds to believe that you have done so, we may suspend or terminate your account and your access to the Service. You agree to notify BringRx immediately of any unauthorized use of your username, password, or any other breach of security relating to the Service by contacting us at support@bringrx.com. You further agree to keep your username and password confidential and to log out of your account at the end of each session. BringRx expressly disclaims liability for any losses or damages arising from your failure to comply with these obligations. You may not use another person's account at any time.

When creating an account, you will be required to provide a username and password that will serve as your login credentials. To help protect the privacy of data transmitted through the Service, we use technology designed to encrypt information you submit, including Secure Sockets Layer (SSL) or similar encryption methods, where personally identifiable information is requested. We also implement measures to protect User data from unauthorized access. However, you acknowledge that the Service operates on software, hardware, and networks that may require maintenance or experience technical issues or security breaches beyond our control. Additionally, anyone with physical access to your computer, phone, or other device may be able to access the Service and view information about you, including medical information. You are solely responsible for logging out of your account when not in use, securing your devices against unauthorized access, and maintaining the confidentiality of your username and password.

You must exercise caution, good judgment, and common sense when using the Service. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in civil and/or criminal penalties. BringRx may investigate any actual or suspected violations, and if criminal activity is suspected, BringRx may cooperate with law enforcement authorities in their investigations.

Use and Ownership of the Service

The Service, along with all information and Content made available through the Service, is protected by copyright and other intellectual property laws worldwide. Subject to this Agreement, BringRx grants you a limited, non-transferable, revocable license to access and use the Service for your personal use. Unless BringRx provides you with a separate license agreement, your right to use any portion of the Service or the Content is governed solely by this Agreement, and all rights in the Service and Content are reserved by BringRx. You acknowledge that BringRx and its suppliers own all rights, title, and interest in and to the Service and its components, including but not limited to computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, audiovisual effects, methods of operation, documentation, and any associated intellectual property or moral rights. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices displayed on or incorporated within the Service. The BringRx name, logo, stylized marks, and all related graphics, service marks, and trade names used in connection with the Service are trademarks of BringRx and may not be used without prior written permission, including in connection with any third-party products or services. Any other trademarks, service marks, or trade names appearing on the Service are the property of their respective owners.

License to Information Submitted via the Service

Subject to the limitations on Protected Information described in this Agreement, any information you submit to BringRx through the Service, whether entered directly, sent by email, or provided in any other manner, including data, questions, comments, messages, or suggestions, will be treated as non-confidential and non-proprietary to the extent permitted by law. By submitting such information, and subject to any account settings you select, you grant BringRx a perpetual, worldwide, royalty-free, irrevocable, transferable, and fully sublicensable license to use, reproduce, modify, distribute, display, perform, and otherwise make use of the information for purposes related to operating and improving the Service. You represent that all necessary rights in the information have been obtained so that you may grant this license, and you agree that you are solely responsible for the content you provide. BringRx may revise or adapt any submitted information at its discretion, and you waive any claim to approval, compensation, or attribution in connection with such use. If any information you submit includes Protected Information, BringRx's rights with respect to that portion of the information will be limited as required by applicable law.

Prohibited Use

Any use or attempted use of the Service for any unlawful, unauthorized, fraudulent, or malicious purpose, or in any manner that could damage, disable, overburden, or impair any server or network connected to a server, or that could interfere with another user's ability to use and enjoy the Service, is prohibited. This includes any attempt to gain unauthorized access to accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means; accessing systems, data, or information that BringRx did not intend to make accessible; obtaining materials or information through any means not intentionally made available through the Service; reverse engineering, disassembling, or decompiling any portion of the Service; or using the Service for any purpose other than its intended business use.

In connection with your use of the Service, you also agree that you will not: (a) upload or transmit any message, information, data, text, software, images, or other content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise offensive, or that targets a person or group based on race, gender, sexuality, ethnicity, or any other intrinsic characteristic, or that violates any right of privacy or publicity; (b) create a false identity, duplicate accounts, or impersonate any person or entity, including any BringRx representative, or misrepresent your affiliation with any person or entity; (c) upload or transmit any material you do not have the legal right to reproduce, display, or transmit under any law or under contractual or fiduciary obligations, such as nondisclosure agreements; (d) upload files that contain viruses, worms, trojan horses, spyware, corrupted files, or any other software or programs that may harm another person's computer or property; (e) remove or alter any author attributions, legal notices, or proprietary labels in any uploaded materials; (f) use the Service's communication features in a manner that negatively affects their availability to others, including excessive posting or other disruptive behavior; (g) upload or transmit any unsolicited advertising or promotional materials, including spam, chain letters, pyramid schemes, phishing attempts, or any other form of solicitation; (h) violate any applicable local, state, national, or international law; (i) upload or transmit any material that infringes a patent, trademark, service mark, trade secret, copyright, or other proprietary right of any party; (j) delete or modify any material posted by another user; (k) manipulate or display the Service by framing, mirroring, or using similar navigational technology; (l) probe, scan, test the vulnerability of, or breach the security or authentication measures of the Service or any related system or network; (m) register, subscribe, attempt to register or subscribe, unsubscribe, or attempt to unsubscribe any party for any products, services, contests, or promotions without their authorization; (n) harvest or collect information about other users, including email addresses; (o) use any automated or manual tool, including robots, spiders, or scrapers, to access the Service or to copy, download, distribute, or reproduce any content; or (p) assist or permit any other person to engage in any of these activities.

BringRx reserves the right to take any lawful action it deems appropriate in response to actual or suspected violations of these requirements, including suspending or terminating your account or access to the Service. BringRx may cooperate with law enforcement authorities and third parties in investigating any suspected or alleged criminal or civil wrongdoing.

Except as described in the Privacy Policy or as prohibited by law, BringRx reserves the right to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion.

Right to Monitor

BringRx reserves the right to monitor general use of the Service at any time as it deems appropriate and may remove any materials that, in its sole discretion, are unlawful, could create liability for BringRx, violate this Agreement, or are otherwise inconsistent with the intended purpose of the Service.

Third-Party Goods and Services

Parties other than BringRx, including the Pharmacies, Medical Groups, and Providers (collectively, "Third Parties"), may offer services or sell products through the Service. BringRx may also make available for purchase certain services, devices, items, or other products that are manufactured, distributed, or sold by Third Parties ("Third-Party Goods and Services"). Your use of any Third-Party Goods and Services, and any interactions you have with Third Parties, including transactions, payments, delivery of goods or services, and any associated terms, warranties, representations, or conditions, are solely between you and the applicable Third Party. You are responsible for conducting any investigation you believe necessary before engaging in any online or offline transaction involving a Third Party or any Third-Party Goods and Services. You are solely responsible for exercising caution, discretion, and judgment when using the Service and when disclosing personal information.

You agree that BringRx is not responsible or liable for any loss, damage, claim, or dispute arising out of or relating to your use of the Platform, your interactions with Third Parties, or your purchase or use of any Third-Party Goods and Services. In the event of a dispute between you and any Third Party, another user, or any other individual or entity, you understand and agree that BringRx has no obligation to become involved, and you release and indemnify BringRx, its affiliates, and all of their respective directors, officers, employees, contractors, representatives, agents, successors, assigns, partners, shareholders, and attorneys (collectively, the "BringRx Parties") from any and all claims, demands, liabilities, and damages of any kind, whether known or unknown, arising out of or relating to such disputes, the Service, or any features or services provided through the Service. If you are a California resident, you waive California Civil Code Section 1542, which provides: "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."

Certain shareholders, directors, officers, employees, contractors, or agents of BringRx (collectively, the "BringRx Owners and Personnel") may have financial interests in one or more Third Parties, and may financially benefit from your interactions with such Third Parties or your purchase of Third-Party Goods and Services.

External Links

The Platform may contain links to third-party websites. These sites are not under the control of BringRx, and BringRx is not responsible for the content or operation of any linked site. Links are provided solely for your convenience, and the presence of a link does not imply that BringRx endorses, sponsors, or is affiliated with the linked site in any way. Your use of any third-party website is entirely at your own risk and is governed by the terms and conditions of that site; these Terms and Conditions do not apply to other websites. BringRx disclaims all liability for any information or content found on linked sites, including but not limited to medical or health-related information.

Terms of Sale

All products offered for sale by BringRx are subject to availability, and we reserve the right to impose quantity limits on any order or to reject any order, in whole or in part, without prior notice. If an error occurs, we may correct the error and update your order accordingly, including charging the correct price, or we may cancel the order and issue a refund for any amount already paid. Product prices may change at any time; however, such changes will not affect orders that have already been placed. You are responsible for all applicable sales, use, customs, duties, and other governmental taxes or fees associated with your purchase of products or services through the Service. BringRx will collect applicable taxes when we determine we are required to do so. An estimated amount of taxes will be displayed at checkout unless a price is clearly stated to include taxes. The actual amount charged may vary due to differences in processor calculations or changes in tax rates. BringRx does not collect taxes in all jurisdictions, and if we do not collect them, you may be responsible for reporting and paying such taxes directly.

Only payment methods accepted by BringRx may be used to complete a purchase through the Service. You represent and warrant that you are authorized to use the payment method you provide. You authorize BringRx to charge your designated payment method for the full amount of your order, including any applicable taxes and shipping or handling charges. If any items in your order are unavailable, we will charge only for the items that are shipped, along with applicable taxes and fees. In completing a purchase, you may be required to provide information relevant to the transaction, including your credit or debit card number, expiration date, billing address, shipping address, phone number, and email address. By submitting this information, you grant BringRx the right to share such information with third parties, including payment processors, as necessary to complete and service the transaction.

All credit card, debit card, and payment transactions on the Platform are processed through third-party payment processing services used by BringRx. Information about the payment processor, including its privacy practices and security measures, may be made available upon request. References to such policies are for informational purposes only and are not incorporated into these Terms. BringRx's relationship with any payment processor is strictly contractual, and such processors are independent third parties, not agents, partners, joint venturers, or affiliates of BringRx.

You agree to pay any shipping and handling charges displayed at the time of purchase. BringRx may modify shipping and handling charges from time to time, but any changes applicable to you will be disclosed before you complete your purchase. Delivery dates and times shown during checkout are estimates only and are not guaranteed. Unless otherwise stated in writing, the risk of loss or damage to a product passes to you once the product is delivered to the carrier.

Charges for purchases will appear on your bank or card statement as: BringRx. BringRx reserves the right to address customer concerns and issues on a case-by-case basis. Resolution of any matter is determined at our sole discretion, based on the specific facts and circumstances of the User's situation.

Refund Policy:

Prescription Order Cancellation:

Customers may request cancellation of a prescription order within 24 hours of placing the initial order, provided the order has not yet been received by our provider network. To request a cancellation, contact our customer support team at support@bringrx.com. After the 24-hour period, prescription orders cannot be canceled due to the nature of the products. You may cancel your subscription at any time; however, no refunds will be issued for medication that has already been dispensed or delivered.

Refund Policy:

Because prescription products are personal, regulated, and cannot be reused, we do not accept returns or exchanges. Refunds will only be issued in the following situations:

• An incorrect prescription medication was sent.
• The product was damaged upon delivery.
• The product does not meet required safety standards.
• The order has not yet shipped.
• The prescribing Provider declines to issue a prescription.

Replacement:

If you believe you received the wrong item or a damaged product, contact customer support within 48 hours of delivery and provide your order number and a detailed description of the issue. We may request photographs of the product to document and resolve the issue. If a package is marked as delivered but not received, you must first open a claim with the carrier using your tracking number. Any returned prescription medication will be subject to a $35 disposal fee, as required for safe pharmaceutical disposal.

Prescription Verification:

All prescriptions are subject to verification by licensed pharmacists. If a prescription cannot be verified or is determined to be invalid, the order will be canceled and a full refund will be issued.

Customer Responsibility:

Customers are responsible for ensuring that all prescription details and required information are accurate and complete at the time of ordering.

Contact Information:

For questions about this refund and cancellation policy, contact us at support@bringrx.com

Termination

BringRx may terminate your access to the Service, or to any feature or component of the Service, at any time and for any reason without prior notice. This may include termination based on conduct that violates this Agreement, termination resulting from the expiration or cessation of our agreements with Medical Groups or Pharmacies, or termination due to the discontinuation of the Service. All provisions of this Agreement relating to Service security, prohibited activities, intellectual property, user submissions, disclaimers, limitations of liability, dispute resolution, arbitration, indemnification, and jurisdiction shall remain in effect even after any termination of your access to the Service or termination of your relationship with BringRx. If your access to the Service is terminated, you agree not to attempt to access or use the Service under any name, real or assumed. You further agree that if you violate this restriction following termination, you will indemnify and hold the BringRx Parties harmless from any liability they may incur as a result of your continued or attempted use of the Service.

Except as provided in the Privacy Policy or as required by applicable law, including obligations related to access to health records, BringRx has no obligation, either before or after the termination of your access to the Service, to return or provide to you or to any third party any Content, any information you have provided to us, any information provided by your Providers about you, or any other data in our possession that relates to you.

Disclaimers

Content and information provided through the Service is made available by BringRx for general convenience. The Service may at times contain inadvertent errors, inaccuracies, or materials that do not fully comply with this Agreement. Information presented as of a specific date is only accurate as of that date, and BringRx has no obligation to update such information. There is also a possibility that third parties could make unauthorized changes to the content or features of the Service. While BringRx makes reasonable efforts to maintain the accuracy and integrity of the Service, we do not guarantee that the Service or its content is complete, accurate, or free from unauthorized alterations. Any reliance on information or content available through the Service is at the user's own risk.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR ACCESS TO AND USE OF THE SERVICE IS VOLUNTARY AND AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BRINGRX AND ALL THIRD PARTIES PROVIDING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING MEDICAL GROUPS, PROVIDERS, AND PHARMACIES, DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THIS INCLUDES, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SATISFACTORY QUALITY WITH RESPECT TO THE SERVICE AND ANY INFORMATION, CONTENT, PRODUCTS, OR MATERIALS PROVIDED THROUGH THE SERVICE OR PLATFORM. BRINGRX DOES NOT WARRANT THAT THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, TIMELY, OR USEFUL, NOR DO WE WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR DEFECTS, INCLUDING DELAYS, ERRORS, SECURITY INCIDENTS, VIRUSES, MALWARE, CYBER ATTACKS, OR OTHER HARMFUL EVENTS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRINGRX AND ALL THIRD PARTIES THAT OFFER PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, PROVIDERS, AND PHARMACIES, SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR ANY OTHER LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE, OR ANY SERVICES PERFORMED BY A MEDICAL GROUP OR PROVIDER. THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRINGRX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF THE BRINGRX PARTIES, IF ANY, SHALL BE LIMITED TO THE ACTUAL DAMAGES YOU INCUR, NOT TO EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).

ANY CLAIM ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, THE SERVICE, OR ANY CONTENT MUST BE FILED WITHIN ONE (1) YEAR OF THE DATE ON WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED, OR SUCH CLAIM SHALL BE PERMANENTLY BARRED. BY USING THE PLATFORM, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS CONDITIONED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION RELATING TO ANY LOSSES OR DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT SUCH LIMITATIONS ARE NOT PERMITTED, THE SCOPE OF THE DISCLAIMER OR LIMITATION SHALL BE APPLIED TO THE MINIMUM EXTENT ALLOWED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the BringRx Parties, as well as any third party offering products or services through the Service, including the Medical Groups, Providers, and Pharmacies, from and against any and all claims, actions, proceedings, damages, judgments, losses, liabilities, costs, and expenses (including attorneys' fees and litigation costs) that arise out of or relate to your use of the Service, your fraud, your violation of any law, your willful misconduct, your breach of these Terms and Conditions, or your infringement of the rights of any other person or entity. BringRx reserves the right to assume the defense and control of any matter for which we are entitled to indemnification, and you agree to cooperate with us as reasonably requested in the defense of such claims.

Notices

Any notices from BringRx to you regarding the Service or this Agreement may be provided by email, by posting a notice within the Service, or by regular mail, at BringRx's sole discretion.

Copyright

It is the policy of BringRx to terminate, in appropriate circumstances, the account or access privileges of any user who repeatedly infringes the copyrights of others upon receiving proper notification from the copyright owner or the owner's authorized agent. If you believe that your work has been copied and made available on the Service in a way that constitutes copyright infringement, you must provide BringRx with a notice containing the following information: (1) your physical or electronic signature, or that of the person authorized to act on behalf of the copyright owner; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the allegedly infringing material is located on the Service; (4) your mailing address, telephone number, and email address; (5) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notices of claimed copyright infringement should be sent to BringRx's designated copyright agent at: support@bringrx.com

Entire Agreement

This Agreement, together with any other agreements posted on the Service or executed between you and BringRx from time to time, constitutes the entire agreement between you and BringRx regarding your use of the Service and supersedes all prior agreements or understandings between you and BringRx relating to the Service, including any previous versions of this Agreement.

Binding Arbitration / Class Waiver

YOU AGREE THAT ANY LEGAL CLAIM, DISPUTE, OR CONTROVERSY BETWEEN YOU AND BRINGRX LLC, ANY BRINGRX PARTY, OR ANY MEDICAL GROUP, PROVIDER, OR PHARMACY ASSOCIATED WITH THE SERVICE—ARISING OUT OF OR IN ANY WAY RELATED TO BRINGRX, THE PLATFORM, THE CONTENT, THE SERVICE, OR ANY OTHER PRODUCTS, SERVICES, OR ADVERTISING PROVIDED BY BRINGRX (COLLECTIVELY, "DISPUTES")—WILL BE RESOLVED EXCLUSIVELY THROUGH CONFIDENTIAL, BINDING ARBITRATION BEFORE A SINGLE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). THIS REQUIREMENT APPLIES TO ANY DISPUTE INVOLVING THE VALIDITY, ENFORCEABILITY, OR SCOPE OF THIS ARBITRATION AGREEMENT. BY ACCEPTING THESE TERMS, YOU KNOWINGLY WAIVE YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO LITIGATE IN COURT, EXCEPT AS EXPRESSLY PROVIDED BELOW. THE ARBITRATION WILL BE ADMINISTERED BY THE AAA UNDER ITS COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DETERMINES THEY APPLY, THE SUPPLEMENTARY RULES FOR CONSUMER-RELATED DISPUTES. ARBITRATION IS LESS FORMAL THAN COURT PROCEEDINGS AND THE ARBITRATOR MAY AWARD THE SAME INDIVIDUAL RELIEF A COURT COULD AWARD. THE ARBITRATION WILL TAKE PLACE IN WILMINGTON, DELAWARE, UNLESS YOU LIVE MORE THAN 100 MILES FROM WILMINGTON, IN WHICH CASE THE ARBITRATION MAY OCCUR WITHIN 100 MILES OF YOUR RESIDENCE, UNLESS BOTH PARTIES AGREE OTHERWISE IN WRITING. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. PAYMENT OF ARBITRATION FEES WILL FOLLOW THE AAA FEE SCHEDULE UNLESS YOU DEMONSTRATE THAT THE COSTS WOULD BE PROHIBITIVE COMPARED TO LITIGATION, IN WHICH CASE BRINGRX LLC WILL PAY THE PORTION NECESSARY TO PREVENT THE ARBITRATION FROM BEING COST-PROHIBITIVE. BRINGRX LLC MAY ALSO, AT ITS DISCRETION, COVER ALL ARBITRATION FEES. EACH PARTY IS RESPONSIBLE FOR ITS OWN ATTORNEYS' FEES UNLESS APPLICABLE LAW REQUIRES OTHERWISE. INFORMATION ABOUT AAA PROCEDURES AND HOW TO INITIATE ARBITRATION IS AVAILABLE AT WWW.ADR.ORG OR BY CALLING 800-778-7879.

NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING CLAIMS RELATING TO THE PROTECTION OR ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS, CLAIMS INVOLVING ALLEGATIONS OF UNAUTHORIZED ACCESS, THEFT, OR VIOLATIONS OF THE COMPUTER FRAUD AND ABUSE ACT, OR CLAIMS SEEKING URGENT INJUNCTIVE OR EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT LOCATED IN DELAWARE, AND BOTH PARTIES CONSENT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THESE PURPOSES. EITHER PARTY MAY ALSO BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IF IT QUALIFIES AND IF IT PROCEEDS ONLY ON AN INDIVIDUAL BASIS.

ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. YOU MAY NOT PARTICIPATE IN OR BRING A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. CLAIMS OF MULTIPLE USERS MAY NOT BE JOINED IN A SINGLE ARBITRATION AND NO ARBITRATION MAY BE CONSOLIDATED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE EXTENT NECESSARY TO RESOLVE YOUR INDIVIDUAL CLAIM. IF ANY COURT DETERMINES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY PART OF THIS CLASS ACTION WAIVER WITH RESPECT TO A PARTICULAR CLAIM, THAT CLAIM MAY BE SEVERED AND BROUGHT ONLY IN A COURT LOCATED IN DELAWARE, AND ALL REMAINING CLAIMS SHALL CONTINUE IN ARBITRATION. ANY SEVERED CLAIM SHALL BE STAYED PENDING COMPLETION OF THE ARBITRATION OF REMAINING CLAIMS.

YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS OF FIRST ACCEPTING ANY VERSION OF THESE TERMS THAT CONTAINS THIS ARBITRATION PROVISION. TO OPT OUT, YOU MUST SEND YOUR NAME, MAILING ADDRESS, EMAIL ADDRESS, AND A CLEAR STATEMENT THAT YOU ARE OPTING OUT OF ARBITRATION TO: BRINGRX LLC, support@bringrx.com, ATTN: ARBITRATION OPT-OUT. OPTING OUT DOES NOT AFFECT ANY OTHER PART OF THESE TERMS.

BEFORE INITIATING ARBITRATION, YOU MUST SEND BRINGRX A WRITTEN NOTICE OF DISPUTE INCLUDING YOUR NAME, MAILING ADDRESS, EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT, A DESCRIPTION OF THE DISPUTE, AND THE RELIEF YOU ARE SEEKING. SEND THIS NOTICE TO: BRINGRX LLC, support@bringrx.com, ATTN: DISPUTE NOTICE. BRINGRX WILL SEND ANY NOTICE OF DISPUTE TO YOUR EMAIL OR ADDRESS ON FILE. IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN 30 DAYS OF RECEIVING THE NOTICE, EITHER PARTY MAY INITIATE ARBITRATION. IF BRINGRX MAKES ANY FUTURE MATERIAL CHANGE TO THIS ARBITRATION AGREEMENT, THAT CHANGE WILL NOT APPLY TO ANY DISPUTE FOR WHICH A NOTICE OF DISPUTE HAS ALREADY BEEN SUBMITTED. IF YOU WISH TO REJECT A FUTURE MATERIAL CHANGE TO THE ARBITRATION TERMS, YOU MUST SEND WRITTEN NOTICE OF REJECTION TO THE ARBITRATION OPT-OUT ADDRESS WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE CHANGE.

Governing Law; Venue; Severability of Provisions

This Service is operated by BringRx from within the United States. If you choose to access the Service from a location outside the United States, you do so on your own initiative and are solely responsible for complying with any applicable local laws. Access to the Service from jurisdictions where use of the Service or any of its content is unlawful is strictly prohibited.

The interpretation, validity, and enforcement of this Agreement are governed by the Federal Arbitration Act and the laws of the State of Delaware, without regard to Delaware's conflict-of-law rules. These laws apply to the fullest extent permitted by applicable regulations.

Each part of this Agreement applies to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement does not waive our right to enforce that provision or any other provision at a later time. If any provision of this Agreement is held unenforceable, that provision will be replaced with a valid term that most closely reflects its original intent, to the extent permitted by law. All remaining provisions will remain in full force and effect. Section titles are provided for convenience and do not affect the meaning or interpretation of this Agreement.

No Agency Relationship

Nothing in this Agreement, nor any content, materials, or features made available through the Service, creates a partnership, joint venture, employment relationship, or agency relationship between you and BringRx, any associated Medical Group, any Provider, or any Pharmacy. You have no authority to act on behalf of BringRx or to bind BringRx in any manner, and no such authority is granted or implied by your use of the Service.

Assignment

You may not assign or transfer any of your rights or obligations under this Agreement, and any attempt to do so is void. BringRx may, in its sole discretion and without additional notice or consent, assign or transfer its rights and obligations under this Agreement to any of its affiliates or to any third party in connection with a merger, acquisition, corporate restructuring, sale of assets, or other business transaction involving BringRx.

Third Party Beneficiaries

Any third-party software, products, or services that you access or use in connection with the Service are governed by the applicable third party's own license terms or terms of use, not by this Agreement. Your use of the Service must comply with all such third-party terms in addition to the requirements of this Agreement.

Except as expressly stated in this Agreement—such as the indemnification protections provided to the BringRx Parties and the rights granted to Medical Groups, Providers, and Pharmacies in connection with arbitration—this Agreement does not create, and is not intended to create, any third-party beneficiary rights. No individual or entity other than you and BringRx may enforce any provision of this Agreement or claim any benefit arising from it, unless specifically provided otherwise.

Contacting Us

If you have any questions or concerns regarding this Agreement, you may contact us at support@bringrx.com. We will make reasonable efforts to review and respond to your inquiry in a timely manner.