PerfectRx.com Terms of Service

1. OUR ROLE AND ACCEPTANCE OF THESE TERMS AND CONDITIONS

Welcome to the website or mobile application operated by PerfectRx LLC. ("PerfectRx," "we," "us" or "our"). The following terms and conditions ("Terms and Conditions") govern your access to and use of (i) the PerfectRx.com and other websites which are owned or operated by PerfectRx or PerfectDx (the "Sites"); (ii) any other digital interfaces and properties (e.g., mobile applications) owned, controlled by, or made available to you by PerfectRx or its affiliates ("Mobile Apps," and together with the Sites and other online or mobile-enabled technology, digital tools, the "Platform"); and (iii) any services and products that you may access through the use of the Platform (such services and products, the "Services").

The Services available through the Platform may include: (i) general information on health and wellness topics; (ii) access to laboratory services performed by clinical laboratories, (iii) access to healthcare practitioners and staff members ("Practitioners") who are contracted by certain independent, clinical professional practice groups (collectively, the "Practices"); (iv) administrative support in connection with ordering Lab testing services and scheduling appointments with Practitioners on the Platform; and (iv) technology support for using the Platform as a means of direct access to Lab test results and to Practitioners for communication, consultations, assessments, and treatment by such Practitioners; and (v) ability to purchase vitamins, supplements, over-the-counter and clinical lab test and collection kits and other tangible items ("Products").

All health and wellness information or resources available on the Platform are for informational purposes only and are not a substitute for direct health care services nor are they an indicator of specific results. Neither PerfectRx nor the Platform provides medical advice or care. Rather, although the Platform enables individuals to access the services of Labs, Practices and Practitioners, you agree and acknowledge that it is the Labs, Practices and/or Practitioners, as the case may be, who are furnishing all health or medical services to you, not PerfectRx and that you are not entering into a provider-patient relationship with PerfectRx. Neither PerfectRx nor PerfectDx exercise control or direction over the means, methods or manner by which any Lab, Practice or Practitioner exercises professional judgment in the provision of their clinical services. Similarly, we are not responsible for the quality or appropriateness of the care any Lab, Practice or Practitioner renders to you, including any personal injury or property damage.

The Platform is structured for use specific to certain lifestyle, wellness or health care services and is not, and should not, be considered, or used as comprehensive medical advice, care, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding general personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug or medication. THIS PLATFORM AND THE SERVICES MAY NOT BE APPROPRIATE FOR YOUR CLINICAL OR MEDICAL CONDITIONS OR NEEDS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 OR GO TO THE NEAREST HOSPITAL IMMEDIATELY.

To the fullest extent possible under applicable law, all suppliers of Services and Products, including all Labs, Practices, or Practitioners that are accessed or purchased on the Platform shall be beneficiaries of, and possess the right to enforce, any and all rights, remedies, disclaimers, limitations, waivers or other legal or equitable remedies or benefits available to PerfectRx and its affiliates under these Terms and Conditions.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU START TO USE THE PLATFORM OR ANY SERVICES OR PRODUCTS MADE AVAILABLE THROUGH THE PLATFORM. BY CLICKING "I ACCEPT," OR BY ACCESSING OR USING THE PLATFORM OR ANY SERVICES OR PRODUCTS MADE AVAILABLE THROUGH THE PLATFORM, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, INCLUDING THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH HEREIN, YOU MUST NOT ACCESS OR USE THE PLATFORM.

2. ADDITIONAL TERMS AND CONDITIONS

Your use of the Platform is governed by our Privacy Policy. Any health information that we hold on behalf of Labs, Practices or Practitioners is governed by our Notice of Privacy Practices.

In order to access or purchase certain Services or Products available on the Platform, you may be required to agree and enter into, or acknowledge receipt of, one or more additional agreements, consents, assignments, releases or notices as a condition of accessing, purchasing or receiving those Services (such additional agreements, consents, assignment, releases or notices, collectively as and when furnished and entered into or acknowledged, "Additional Terms and Conditions"). Such Additional Terms and Conditions may be specific to (a) a supplier of the Services or Product, including a specific or group of Lab(s), Practice(s) or Practitioner(s), (b) a Service or Product or category of Service or Product, or (c) any combination thereof.

To the fullest extent possible under applicable law, those Additional Terms and Conditions shall be incorporated into these Terms and Conditions with respect to applicable Services, Products or suppliers, as the case may be, as and when they are entered into or acknowledged, and said Additional Terms and Conditions and these Terms and Conditions shall be interpreted, to the fullest extent possible, as if they are incorporated into one and the same instrument; provided, however, in the event of express conflict between these Terms and Conditions and applicable Additional Terms and Conditions, the provisions of the Additional Terms and Conditions shall control.

3. ELIGIBILITY AND AVAILABILITY

In order to access the Services through the Platform, you represent and warrant that:

• You are at least 18 years of age or older.
• You live in the United States and in a state or territory where the Platform is available.
• You agree to be legally bound by and comply with these Terms and Conditions.
• You have compatible computing and/or mobile devices, sufficient access to the Internet, and certain necessary software in order to use the Platform. Fees and charges may apply to your use of the mobile services and to the Internet.

If you do not meet all of these requirements, you must not access or use the Platform or any Services available through the Platform.

We are based in the United States. We provide the Platform and our Services for use only by individuals located in the United States. We make no claims or representations that the Platform or any of the content made available therein is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

4. ACCOUNT REGISTRATION

To purchase Services on the Platform, or access certain Services that may have been purchased at a physical, other online location or otherwise made available, you will be required to set up an account (an "Account") on the Platform. To obtain an Account, you may be asked to provide certain registration details or other information. It is a condition of your setting-up an Account that all the information you provide is correct, current and complete.

You acknowledge that your Account is personal to you and you agree not to provide any other person with access to the Site or portions of it using your username, password, or other security information. If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

5. SERVICES AND PRODUCTS ACCESSED ON THE PLATFORM

This Section 5 describes the Services and Products that may be accessed or purchased on the Platform. Please read them carefully before accessing or purchasing any Service or Product.

A. Health and Wellness Information; Not Healthcare or Medical Advice

The contents of the Platform, such as text, graphics, images, and other materials created by us or obtained from our licensors (collectively, "Content") are for informational purposes only. Although some Content may include health- or medical-related information, or online tools to calculate general health and wellness metrics, all such Content is provided for general informational purposes only. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via our Content or otherwise, and you should not use the Content on the Platform for the diagnosis or treatment of any health issue or for prescription of any medication or other treatment.

B. Laboratory Testing Services

The Platform enables you to purchase laboratory testing Services ("Test Services"), as well as access to Test Services you may have purchased or received at a physical or other online location. Except as expressly indicated in the Test Services description information or packaging materials, all Test Services are intended for wellness monitoring, informational and educational use, and are not intended to diagnose or treat disease.

6. PURCHASES, SHIPPING AND PAYMENT METHODS

Please carefully read in their entirety the descriptions of all Services and Products prior to ordering and purchasing them on the Platform. Please note that we reserve the right, at our sole discretion, to refuse or cancel any order for any reason, or to limit the quantity of items purchased per person, per household or per order. Prices and availability are subject to change without notice.

If you wish to purchase Services or Products on the Platform, payment may be made by credit card, debit card or any other such method as we, in our sole discretion, may introduce on the Platform from time to time ("Payment Method"). We reserve the right to accept or refuse any payment made in any form.

7. PRIVACY NOTICES

Your use of the Platform is governed by our Privacy Policy. Any health information that we hold on behalf of Labs, Practices or Practitioners is governed by our or such Lab or Practice's Notice of Privacy Practices.

8. CHANGES TO THE TERMS AND CONDITIONS

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. Your continued use or re-visitation of the Platform following the posting of revised Terms and Conditions means that you accept and agree to the changes.

9. ACCESSING THE PLATFORM

We reserve the right to withdraw or amend the Platform, and any material we provide on the Platform, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period.

10. INTELLECTUAL PROPERTY RIGHTS

Our name, brands, logos, slogans and other trademarks are our trademarks. All other names, brands, logos, and product names, and designs appearing on the Platform are the trademarks of their respective owners. You may not use such trademarks without our prior written permission.

These Terms and Conditions 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 without prior written consent.

11. PROHIBITED USES

You may use the Platform only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Platform:

• In any way that violates any applicable federal, state, local or international law or regulation.
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent.
• To impersonate or attempt to impersonate us, our employees, another user or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform.

18. DISCLAIMER OF WARRANTIES

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AT YOUR OWN RISK, AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY OF OUR PARTNERS OR AFFILIATES, MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, CURRENCY, ACCURACY, AVAILABILITY OR OPERATION OF THE PLATFORM, OR THE INFORMATION OR CONTENT INCLUDED THEREON.

19. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES OR OUR RESPECTIVE LICENSORS, THE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY OTHER ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES.

22. DISPUTE RESOLUTION

Unless it is settled or otherwise resolved by mutual agreement, any dispute, claim, question, or disagreement ("Dispute") arising from or relating to these Terms and Conditions, the Platform, or the Services, shall be resolved through confidential arbitration administered by the American Arbitration Association ("AAA") under its rules for consumer arbitrations ("AAA Rules"). The venue for all such Disputes shall be in Austin, Texas.

Contact for dispute notices:
PERFECTRX LLC
1911 Jeter Rd
Bartonville TX 76226
ATTN: Dispute Notice

23. GOVERNING LAW AND JURISDICTION

All disputes arising from or relating to these Terms and Conditions and all Disputes arising from or relating to the Platform or the Services (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Texas regardless of where you access the Platform, and notwithstanding any conflicts of law principles.

24. CLASS ACTION WAIVER

ANY PROCEEDINGS TO ARBITRATE, LITIGATE OR OTHERWISE RESOLVE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR WE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A COLLECTIVE OR CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY, AND EACH PARTY HEREBY WAIVES ANY RIGHT TO ASSERT CONSOLIDATED CLAIMS WITH RESPECT TO ANY DISPUTES SUBJECT TO ARBITRATION UNDER THESE TERMS AND CONDITIONS OR ANY DISPUTES BETWEEN THE PARTIES.

25. LIMITATION OF TIME TO FILE CLAIMS

ANY ACTION, CLAIM OR DISPUTE YOU HAVE AGAINST US MUST BE FILED WITHIN ONE (1) YEAR, UNLESS PROHIBITED BY APPLICABLE LAW. THE ONE-YEAR PERIOD BEGINS WHEN THE CLAIM OR NOTICE OF DISPUTE FIRST COULD BE FILED. IF A CLAIM OR DISPUTE IS NOT FILED WITHIN ONE YEAR, IT IS PERMANENTLY BARRED.

26. MISCELLANEOUS

Notices: You agree that we may provide you with notices, including those regarding changes to these Terms and Conditions, by e-mail to the address you provide to us.

Entire Agreement: These Terms and Conditions constitute the entire agreement between you and us with respect to the Platform and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto.

Assignment: We may freely assign these Terms in connection with a merger, reorganization, acquisition, or sale of assets, or by operation of law or otherwise.

Your Comments or Concerns: The Platform is operated by PerfectRx, LLC. All feedback, comments, requests for technical support and other communications relating to the Platform can be submitted to info@perfectrx.com.

Thank you for using our Platform.