Terms Of Service

TERMS AND CONDITIONS

Last updated: May 15, 2026

BY CLICKING “I AGREE,” CHECKING A RELATED BOX SIGNIFYING YOUR

ACCEPTANCE, USING ANY OTHER METHOD OF ACCEPTANCE PROVIDED THROUGH

THE SERVICE (AS DEFINED BELOW), OR OTHERWISE AFFIRMATIVELY ACCEPTING

THIS CONSENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD,

ACCEPTED, AND AGREED TO BE BOUND BY THIS CONSENT. IF YOU DO NOT AGREE

TO THIS CONSENT, YOU MUST NOT CREATE AN ACCOUNT OR OTHERWISE USE THE

SERVICE.

Introduction

RSMED FLORIDA, LLC (“RSMED”, “we,” “our,” or “us”) owns and operates the website located at

[https://www.orignmed.com] (the “Website”). Your access and use of the Website or any part thereof, including any content

contained therein (“Content”), any products or services provided through the Website or otherwise by

RSMED, communications and personalized recommendations based on your use of the Website, and any

affiliated website, software, or application owned or operated by RSMED (together with the Platform and

the Content, collectively, the “Service”) are governed by these Terms and Conditions (“Terms and

Conditions” or “Agreement”).

In this Agreement, the terms “you” and “yours” refer to the person using the Service. This Agreement sets

forth important terms regarding your use of the Service. Please read it carefully.

Acceptance of Terms and Conditions

Your access to and use of the Service is subject to this Agreement and all applicable laws and regulations.

If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited

from visiting, accessing, registering with, and/or using the Service or any information or Content

provided through the Service, except as necessary to review this Agreement. The Service is continually

under development, and we reserve the right to modify or remove any part of this Agreement or the

Service in our sole discretion at any time and without prior notice to you. Any changes to this Agreement

are effective upon posting to the Website. Unless otherwise indicated, any new Content added to the

Service is also subject to this Agreement upon posting to the Website.

If you disagree with any of the terms or conditions of this Agreement, your sole remedy is to discontinue

your use of the Service. Your continued use of the Service after a change to this Agreement has been

posted constitutes your acceptance of this Agreement as so modified.

Your Relationship with RSMED

RSMED makes available to individuals who register to use the Service (“Users”) certain products and

services sold or offered by RSMED or by third party medical providers, pharmacies, laboratories, or other

vendors via the Service. The Service provides access to prescription fulfillment services offered by the

following pharmacy(ies): Brooksville Pharmacy (the “Pharmacies”) and access to

laboratory services, including by Vibrant America & Labcorp (the “Labs”). You understand and agree

that your prescription(s) may be filled by and transferred between any of the Pharmacies, and that the

Service may do so on your behalf. We may also provide you with access to one or more physicians and

allied health professionals who offer certain healthcare services through the Website (“Providers”). By

accepting this Agreement, you acknowledge and agree that any services you receive from the Pharmacies,

Labs, or Providers through the Website are also subject to this Agreement, and that the Providers and

certain Pharmacies and Labs are third-party beneficiaries of this Agreement.

We do not control or engage in the practice of medicine by any Providers, each of whom is solely

responsible for directing the medical care and treatment they provide to you. Further, we do not control or

engage in any professional service provided by the Pharmacies and Labs, and the Pharmacies and Labs

are each solely responsible for their respective provision of professional services through the Service. By

accepting this Agreement, you acknowledge and agree that RSMED is not a healthcare provider and that

your use of the Service does not create a doctor-patient or other healthcare provider-patient relationship

between you and RSMED; however, your use of the Service may create a doctor-patient or other

healthcare provider-patient relationship between you and one or more Providers.

Your acceptance of this Agreement constitutes your understanding and agreement that the Providers may

send you messages, reports, and emails via the Services regarding your lab test results, diagnosis, and/or

treatment. You understand and agree that RSMED is not responsible for the security or privacy of the

communications services you use to receive such messages, reports, and emails sent via the Service, and

that it is your sole responsibility to monitor and respond to these messages reports, and emails. Neither

RSMED nor any Provider will be responsible, and you will not hold RSMED or any Provider liable, for

any loss, injury, or claims of any kind resulting from your failure to read or respond to such messages or

your failure to comply with any treatment recommendations or instructions from your Provider(s).

By using the Service, you are establishing a direct customer relationship with RSMED to use the Service,

including the purchase of any non-prescription products or non-medical services sold directly to you by

RSMED via the Service. In connection with this relationship, you may provide us with, or cause us to be

provided with, personal information, including health information, that is subject to our use in accordance

with our Privacy Policy. More information can be found below in the sections titled “Privacy Policy” and

“Protected Information”.

Your Financial Responsibility

RSMED is not enrolled with and is not a participating provider with any federal or state healthcare

programs or commercial payers for the provision of any healthcare services or supplies. Accordingly,

neither you nor RSMED may receive payment from these programs or payors for the services or products

provided to you by RSMED. To the extent that any of the Pharmacies, Labs, or Providers may be enrolled

in federal or state healthcare programs, the focus of certain products and services on wellness, health

education, and lifestyle, and the means through which these products and services are provided or made

accessible via the Service typically disqualifies such products and services from being covered benefits

under these programs. As such, you are solely responsible for the costs of any product or service

provided to you via the Service.

By agreeing to use the Service, you acknowledge and agree that:

You are specifically choosing to obtain products and services on a cash basis outside of any

federal or state healthcare program or commercial payer program, and you have sole financial

responsibility for all products and services provided to you by or through the Service; and

neither RSMED, the Pharmacies, the Labs, or the Providers will submit a claim for

reimbursement to any federal or state healthcare program or commercial payer for the cost of

products and services provided to you through the Service.

Payments for Products and Services

Except when you choose to fill a prescription with a pharmacy other than the Pharmacies, you will only

see and be required to pay a single “total” price for products and services ordered through the Service. If a

product or service you purchase requires a consultation with a Provider, includes a prescription product

that you fill through one of the Pharmacies, and/or includes Testing Services (as defined below) or other

Lab services, then the total price you pay includes the amounts charged for use of the Service, as well as

amounts charged by the Pharmacy for the prescription drug, the Lab for the Testing Services or other Lab

Services, and the amount charged by the Provider for its services, as applicable, which amounts are

collected on behalf of and paid to the Pharmacies, Labs, and Providers, respectively.

For products or services requiring a consultation with a Provider, you will be required to pay a $99

appointment deposit (the “Deposit”) which will be applied to the cost of your consultation. If you wish to

cancel an appointment, you must email a cancellation request to your patient coordinator via your online

account no fewer than 48 hours prior to your scheduled appointment time. You will forfeit your Deposit if

you fail to cancel your appointment within the foregoing time period, or if you do not cancel but fail to

appear at your appointment (i.e. a “no show”).

Prescription Products

Certain products available through the Website require a valid prescription by a licensed healthcare

provider. You will not be able to obtain a prescription product unless you have completed a consultation

with one of the Providers, the Provider has determined the prescription product is appropriate for you, and

the Provider has written a prescription.

If a Provider determines that you are an appropriate candidate for a prescription product and writes a

prescription, you may fill the prescription through one of the Pharmacies by using the Website, or you

may fill the prescription at any pharmacy of your choice by submitting a written request to your patient

coordinator via your online account or as prompted during your use of the Service. Prescriptions may also

be transferred among the Pharmacies without notice.

If you fill a prescription with a pharmacy other than the Pharmacies, the Service will send the prescription

to your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the

prescription product and paying the pharmacy directly for the cost of the prescription product.

If you complete a consultation with a Provider and fill a prescription through one of the Pharmacies, the

prescription product is shipped directly to you by the applicable Pharmacy. For all prescription products

filled through the Pharmacies, the costs associated with the prescription are included in the total charged

to you by the Service as described above in the “Payment for Products and Services” section.

If your Provider determines that a prescription product is appropriate for you and writes a prescription,

you may be presented with the option to fill the prescription products through one of the Pharmacies

pursuant to a medication plan (“Medication Plan”). If you purchase prescription products through a

Medication Plan, you understand and agree that you are purchasing an automatically renewing

Medication Plan subscription for recurring intervals and amounts identified to you during the checkout

process. The Medication Plan will automatically renew until you cancel or your Provider cancels or

changes your prescription.

Your Medication Plan will renew at the interval identified at checkout unless you cancel at least [five (5)

days] before your next billing date. You can view your billing date and cancel your Medication Plan

through your online account under your patient portal or by sending a message to your patient

coordinator through the Service. Cancellation will become effective at the end of the then-current billing

period. We do not offer refunds for partially used Medication Plan periods, and you will not be eligible

for a refund for any prescription product after it has been shipped. You will only receive a refund if (1) for

intial orders, you cancel the Medication Plan within 48 hours of providing your payment information; or

(2) for monthly renewals, you cancel your Medication Plan at least five (5) days before your next billing

date. Your cancellation of your Medication Plan constitutes your instruction to the Pharmacy to

cancel your prescription. If you cancel your Medication Plan, you will not receive any unshipped

prescription products after the cancellation date.

Controlled Substances

Certain prescription products available through the Service may include controlled substances. You

acknowledge and agree that all prescribing decisions are made solely by your Provider in accordance with

applicable federal and state laws, including Florida law and federal Drug Enforcement Agency (DEA)

regulations.

RSMED does not prescribe controlled substances and bears no responsibility for any Provider’s

prescribing decisions. You agree that you will only seek a prescription for and use controlled substances

for legitimate medical purposes and in strict compliance with your Provider’s instructions and all

applicable laws. Any violation of the foregoing may result in immediate termination of your access to the

Service and referral to appropriate authorities.

Laboratory Products and Services

Laboratory testing services accessible through the Website (the “Testing Services”) require an order by a

licensed healthcare provider. You will only be able to obtain access to the Testing Services through the

Website if you submit the requested intake information and a Provider has determined that the

applicable laboratory service is appropriate for you and writes an order for the service. Laboratory

services arranged through the Website can only be fulfilled by the Labs. In order to obtain Testing

Services following an order by your Provider, you will need to schedule an appointment with a designated

Lab and appear for the laboratory services at the appointed time. If you receive laboratory services from a

Lab through the Website, these are services of the Labs. The Website serves only as a conduit between

you and the Lab with respect to the Lab’s services, and the costs associated with the laboratory services

are included in the total charged to you by the Service. Refunds for laboratory products and services may

be provided on a case-by-case basis in our sole and absolute discretion.

Requested Services

You understand and agree that your use of the Service involves you requesting the products and services

available through the Website and through any communication method between you and RSMED. The

Service may also involve uses of your personal information which may be considered sensitive or

otherwise subject to greater legal obligations. You understand that your use of the Service or Website

constitutes your request that RSMED process your personal information, including sensitive personal

information, as necessary to provide you with the features described on the Website or as otherwise

required to provide the Service to you.

Use and Availability

Our Service is currently only available to individuals who are in Florida, are at least 18 years of age or

older, and who have accepted this Agreement. By visiting, accessing, registering with, or using the

Service, you (i) represent and warrant to us that you are at least 18 years of age or older; (ii) represent and

warrant to us that when you use the Service to consult with a Provider, you are located in Florida and the

shipping address you provide in your account true and correct; (iii) agree to comply with all applicable

laws in connection with visiting, accessing, registering with, or using the Service; and (iv) agree that you

will only use the Service for lawful purposes. The Service is subject to state regulations and may change

from time to time due to changes in applicable regulatory requirements.

In some cases, the Service may not be the most appropriate way for you to provide information to,

communicate with, or seek medical care and treatment from a healthcare provider. For example, your

Provider may determine that your diagnosis and/or treatment requires an in-person office visit or are

otherwise not appropriately addressed through the Service. In such cases, you may receive notification

that you will be unable to use the Service for the particular issue you submitted with additional

information regarding next steps.

Consent to Telehealth Services

Telehealth involves the delivery of healthcare services using electronic communications, information

technology, or other means between a healthcare provider and a patient who is not in the same physical

location. While there may be potential benefits from the provision of healthcare services via telehealth,

there are also potential risks associated with the use of telehealth. Telehealth services are not a substitute

for in-person care in all cases. To use the Service, you will be required to review and agree to an informed

consent regarding the use of telehealth (the “Consent”) that will be provided to you via the Service. You

agree that RSMED is a third-party beneficiary of the Consent and has the right to enforce it against you.

Your Duty to Provide Information, Access, and Connectivity

You are solely responsible for providing and maintaining, at your option and sole risk and expense,

appropriate software and hardware capabilities to enable you to use the Service, including but not limited

to a computer or mobile device with a video camera and Internet access. Any fees you incur when

accessing the Service, including Internet connection or mobile carrier fees, are your sole responsibility.

You have a duty to provide truthful, accurate, and complete information in any and all forms and/or

communications you submit to or through the Service.

We reserve the right to change any configuration, software, hardware, or other requirements of the

Service at any time without prior notice.

Privacy Policy

The privacy and confidentiality of your personal information are important to us. Please review our

Privacy Policy for additional information on how we collect, use, and disclose your personal information.

Protected Health Information

When you register to use the Service by setting up an online account with RSMED, you create a direct

customer relationship with RSMED as a user. In connection with that relationship, you will provide

certain personal information to RSMED that we may collect, use, and disclose pursuant to our Privacy

Policy, including but not limited to your name, email address, shipping address, and phone number.

RSMED does not consider this information to be “health” or “medical” information.

In using certain parts of the Service you may, however, also provide certain “health” or “medical”

information that may be entitled to certain protections under applicable law. RSMED is not a “covered

entity” under the Health Insurance Portability and Accountability Act of 1996 (together with its related

regulations and as amended from time to time, collectively, “HIPAA”). One or more of the Labs,

Pharmacies, or Providers may or may not be a “covered entity” or “business associate” under HIPAA, and

RSMED may in some cases be a “business associate” of a Lab, Pharmacy, or Provider. While certain

state-specific privacy laws may apply, we note that HIPAA does not necessarily apply to a person or

entity solely because there is health information involved, and HIPAA may not apply to your transactions

or communications with RSMED, the Providers, the Pharmacies, or the Labs.

If and solely to the extent that RSMED is deemed to be a “business associate”, RSMED may be subject to

certain provisions of HIPAA relating to “protected health information” (as defined under HIPAA) that you

provide to the Pharmacies, Labs, or Providers (“PHI”). PHI, together with any medical or health

information you provide that is subject to protections under state-specific applicable laws (collectively,

“Protected Information”), will be used and disclosed solely in accordance with such applicable laws.

Any information that does not constitute Protected Information under applicable laws may be used or

disclosed in any manner permitted under our Privacy Policy. Protected Information does not include

information that has been de-identified in accordance with HIPAA.

The Providers have adopted a Notice of Privacy Practices that describes their use and disclosure of

Protected Information. By using or accessing any part of the Service, you acknowledge that you have

received the Notice of Privacy Practices from your Provider(s).

By using the Service, you agree that even if HIPAA does apply to RSMED, the Providers, the

Pharmacies, or the Labs, any information that you submit to RSMED that is not intended and used solely

for diagnosis and treatment by the Providers, prescription fulfillment by the Pharmacies, or laboratory

services by the Labs is not considered Protected Information and will be subject only to our Privacy

Policy and other applicable laws.

Registration; User Account, Password, and Security

In order to access and use the Service, you are required to register and set up an account on the Website.

The Service is only available to users who have registered on the Website and have been given an account

with a username and password (“Users”). For purposes of clarity, any information you provide to

RSMED for purposes of registering and setting up an account on the Website, such as name, username,

email address, shipping address, and phone number, are not considered Protected Information as defined

above.

You agree to provide and maintain accurate information about yourself that you have provided to

RSMED, the Providers, the Labs, or the Pharmacies. If you fail to keep your information current, or if

you submit information that is not truthful, accurate, or complete, or RSMED has reasonable grounds to

suspect that you have submitted untruthful, inaccurate, or incomplete information, we have the right to

suspend or terminate your account and use of the Service.

If you register for an online account and are provided with a username and password, you must treat this

information as confidential and not disclose it to any other person. You agree to immediately notify

RSMED if you become aware of any unauthorized use of your username and password, or any other

breach of security related to the Service. You also agree to ensure that you exit from your account at the

end of each session.

Intellectual Property Rights

The Service and its entire contents, features, and functionality, including but not limited to all

information, software, text, displays, images, video, and audio, and the design, selection, and arrangement

hereof, are owned by RSMED, its licensors, or other providers of such material and are protected by both

U.S. and international copyright, trademark, and other intellectual property or proprietary rights laws.

Subject to this Agreement, we grant you a limited, non-transferable, revocable license to access and use

the Service for your personal use.

You must not delete or alter any copyright, trademark, or other proprietary rights notices within or

accompanying the Service. You must not access or use for any commercial purposes any part of the

Service or any Content, services, or other materials available through the Service. No right, title, or

interest in or to the Service or any Content is transferred to you, and all rights not expressly granted herein

are reserved by the Company or its licensors, as the case may be.

RSMED’s name and all related names, logos, product and service names, designs, and slogans are

trademarks of RSMED or its licensors. You must not use any of the foregoing without the prior written

permission of RSMED. All other names, logos, product and service names, designs, and slogans on the

Website or incorporated into the Service are the trademarks of their respective owners.

User Contributions

Subject to any limitations on Protected Information described below, any information you submit to

RSMED via the Service or post on the Website, including data, questions, comments, forum

communications, or suggestions (collectively, “User Contributions”) will be considered non-confidential

and non-proprietary. By providing any User Contributions to the Service or on the Website, you grant us a

fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right

(including any moral rights) and license to use, reproduce, modify, perform, adapt, display, distribute,

license, and otherwise disclose to third parties any such User Contributions, in whole or in part, according

to your applicable selected account settings. You represent and warrant that you own or control all rights

in and to the User Contributions and have the right to grant the license granted above to us and our

licensees, successors and assigns. We have the right to take any action with respect to any User

Contribution that we deem necessary or appropriate in our sole discretion, and you irrevocably waive all

“moral rights” you may have in the User Contributions.

You understand and acknowledge that you are solely responsible for any User Contributions that you

submit or contribute, and you, and not RSMED, have full responsibility for such content, including its

legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for

the content or accuracy of any User Contributions posted by you or any other User.

If any of your User Contributions contain Protected Information, our rights under this section with respect

to the use or disclosure of such Protected Information will be limited as and to the extent required under

applicable law.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms and Conditions.

You agree that you shall not use the Service (i) in any way that violates any applicable federal, state,

local, or international law or regulation; (ii) to impersonate or attempt to impersonate RSMED, an

RSMED employee, another User, or any other person or entity; (iii) to engage in any conduct that restricts

or inhibits another person’s use or enjoyment of the Service or which, as determined by us, may harm

RSMED or Users, or expose them to liability; (iv) attempt to gain unauthorized access to, interfere with,

damage, or disrupt any parts of the Service or any server, computer, or database connected to the Service;

(v) disassemble, reverse engineer, or decompile any part or technology on the Service; or (vi) for any use

other than the business purpose for which it was intended.

In addition, you agree that you will not do any of the following in connection with your use of the

Service: (a) make any User Contribution, or upload or transmit any information, data, text, images, or

other content that is unlawful, defamatory, obscene, abusive, offensive, harassing, violent, hateful,

inflammatory, or otherwise objectionable; (b) promote sexually explicit or pornographic material,

violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or

other intrinsic characteristic; (c) infringe any intellectual property or other rights of any other person; (d)

violate the legal rights (including rights of privacy and publicity) of others or contain any material that

could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may

violate or conflict with this Agreement and our Privacy Policy; (e) impersonate any person or

misrepresent your identity or affiliation with any person or entity; (f) transmit, or procure the sending of,

any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other

similar solicitation; (g) use any robot, spider, or other automatic device, process, or means to access the

Service for any purpose, including monitoring or copying any of the material on the Service; (h) introduce

any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically

harmful; (i) attack the Service via a denial-or service attach or a distributed denial-of service attack; (j)

manipulate or otherwise display the Service by using framing, mirroring, or similar navigational

technology; (k) probe, scan, test the vulnerability of, or breach the authentication measures of, the Service

or any related networks or systems; (l) register, subscribe, unsubscribe, or attempt to register, subscribe,

or unsubscribe, any party for any services or any contests, promotions, or sweepstakes if you are not

expressly authorized by such party to do so; or (m) assist or permit any other person in engaging in any of

the foregoing.

We reserve the right to take any lawful actions that we deem appropriate in response to any actual or

suspected violations of the foregoing prohibitions, including but not limited to suspending or terminating

a User’s access and/or account. We have the right to cooperate fully with any law enforcement authorities,

court orders, and/or third parties in the investigation of any suspected or alleged crime or civil

wrongdoing.

Terms of Sale

You are solely responsible for any applicable sales, use, or other governmental taxes, levies, or fees

(“Taxes”) due in connection with your purchase of products or services through the Service. We will

collect applicable Taxes if we determine we have a duty to collect Taxes.

You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. Any

delivery dates or times shown as part of the checkout process are estimates only and not guaranteed.

Unless we otherwise confirm in writing via the Service, risk of loss or damage to a product passes to you

upon tender of the product to our designated carrier.

Only valid payment methods acceptable to RSMED may be used to complete a purchase via the Service.

You represent and warrant that you are authorized to use your designated payment method and authorize

us to charge your designated payment method for the total amount of your order (including any applicable

Taxes and shipping and handling charges).

Termination

We may terminate your use of the Service or any part thereof at any time and for any reason without

notice, including but not limited to your engaging in conduct that violates this Agreement, if we

discontinue the Service, or if any or all agreements between RSMED, the Labs, the Pharmacies, or the

Providers terminate. The provisions of this Agreement pertaining to Service security, intellectual property

rights, User Contributions, disclaimers, limitation of liability, prohibited activities, jurisdiction, and

indemnity will survive such termination or any other termination of this Agreement or your relationship

with RSMED. If your use of the Service is terminated pursuant to this Agreement, you agree that you will

not attempt to use the Service under any name, real or assumed, and further agree that if you violate the

foregoing restriction after termination of this Agreement, you will indemnify and hold harmless RSMED

from any and all liabilities that RSMED may incur in connection therewith.

Except as otherwise provided in our Privacy Policy or as required by applicable law (including any

obligation to provide access to health records), RSMED has no obligation to return or otherwise provide

you or any third party on your behalf any Content, any information you provide to us, any information

your Providers provided to us about or relating to you, or any other information we may have that relates

to you.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from

the Internet or the Service will be free of viruses or other destructive code. You are responsible for

implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus

protection and accuracy of data input and output, and for maintaining a means external to our Website for

any reconstruction of any lost data.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS

OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR

OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER

EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO

YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE

SERVICE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY

WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED

THROUGH THE SERVICE IS VOLUNTARY AND AT YOUR SOLE RISK. THE SERVICE IS

PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF

ANY KIND, WHETHER EXPRESS OR IMPLIED. NEITHER RSMED NOR ANY PERSON

ASSOCIATED WITH RSMED MAKES ANY REPRESENTATION OR WARRANTY WITH

RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR

AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER RSMED

NOR ANYONE ASSOCIATED WITH RSMED REPRESENTS OR WARRANTS THAT THE

SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE

WILL BE ACCURATE, RELIABLE, ERORR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL

BE CORRECTED, THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE

FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY

SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR

NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, RSMED AND EACH THIRD PARTY

OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE

PROVIDERS, THE LABS, AND THE PHARMACIES DISCLAIM ALL WARRANTIES OF ANY

KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLDUING BUT

NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, AND NON-INFRINGEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR

LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL

RSMED’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN

CONNECTION WITH THESE TERMS AND CONDITIONS, THE SERVICE, OR ANY PRODUCTS

OR SERVICES OBTAINED THROUGH THE SERVICE EXCEED THE TOTAL AMOUNT PAID BY

YOU TO RSMED IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

The foregoing limitations shall not apply to liability arising from: (i) gross negligence or willful

misconduct; (ii) RSMED’s breach of its data security obligations resulting in a breach of Protected

Information; (iii) intellectual property infringement claims; or (iv) any other matter for which liability

cannot be limited under applicable law.

You acknowledge that these limitations are reasonable given the cash-pay nature of the Service and the

fact that RSMED does not provide medical care. ANY CLAIM ARISING IN CONNECTION WITH

YOUR USE OF THE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DATE

OF THE EVENT GIVING RISE TO THE CLAIM, OTHERWISE SUCH CLAIM IS PERMANENTLY

BARRED.

Indemnification

You agree to defend, indemnify, and hold harmless RSMED, its affiliates, licensors, service providers,

and any third parties offering products or services through the Service, including the Providers, the

Pharmacies, and the Labs, from and against any and all claims, liabilities, damages, judgments, awards,

losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your

violation of this Agreement, your use of the Service, or your fraud, willful misconduct, or violation of

law.

Notices

Any notices to you from RSMED regarding the Service or this Agreement may be made by email, a

notice posted on the Service, or regular U.S. mail, in RSMED’s sole discretion.

Electronic Communications

When you access or use the Service or send emails or SMS messages to us or any Providers, you are

communicating with us and the Providers electronically. You consent to receive communications from us

and the Providers electronically. We will communicate with you via email, SMS messaging, or through

the Service. You agree that all agreements, notices, disclosures, and other communications that we

provide to you electronically satisfy any legal requirement that such communications be in writing. You

further agree that any notices provided by us electronically are deemed to have been given and received

on the date we transmit such electronic communication as described in this Agreement.

As part of the Service, you may opt-in to marketing/promotions and/or transactional communications

delivered to you by RSMED via SMS messages. Messages may be sent using an automatic telephone

dialing system. Message and data rates may apply. Carriers are not liable for delayed or undelivered

messages. Reply STOP to opt out of further communications.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notice of alleged copyright

infringement that comply with applicable law. If you believe any materials accessible on or from the

Service infringe your copyright, you may request removal of those materials from the Service by

submitting written notification to our copyright agent designated below. In accordance with the Online

Copyright Infringement Liability Limitation Act of the Digital Millenium Copyright Act (“DMCA”), the

written notification (the “DMCA Notice”) must include substantially the following: (i) your physical or

electronic signature; (ii) identification of the copyrighted work you believe to have been infringed; (iii)

identification of the material you believe to be infringing in a sufficiently precise manner to allow us to

locate that material; (iv) adequate information by which we can contact you (including. Your name, postal

address, telephone number, and, if available, email address); (v) a statement that you have a good faith

belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;

(vi) a statement that the information in the written notice is accurate; and (vii) a statement, under penalty

of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Marina S. Hawes

Bryn Law Group

2 S Biscayne Boulevard, Suite 2600

(305) 374-0501

[email protected]

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice

may not be effective.

Please be advised that if you knowingly materially represent that material or activity on the Service is

infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under

Section 512(f) of the DMCA.

It is RSMED’s policy in appropriate circumstances to disable and/or terminate the accounts of Users who

are repeat infringers.

Arbitration / Class Action Waiver

If not resolved through negotiation, any dispute between you and RSMED arising under, out of, in

connection with or in relation to this Agreement or the Service must be submitted to binding arbitration

under the authority of the Federal Arbitration Act and must be determined by arbitration administered by

the American Arbitration Association pursuant to its then-current commercial arbitration rules and

procedures. Any arbitration must be on an individual basis, and the parties and the arbitrator will have no

authority or power to proceed with any claim as a class action or otherwise to join or consolidate any

claim with any other claim or any other proceeding involving third parties.

If a court of competent jurisdiction determines that this limitation on joinder of or class action

certification of claims is unenforceable, then this entire commitment to arbitrate will become null and

void and the parties must submit all claims to the court(s) of competent jurisdiction. The arbitration must

take place in the county where Company’s headquarters is located at the time of the dispute. The

arbitrator must follow the law and not disregard the terms of this section.

A judgment may be entered upon the arbitration award by any state or federal court of competent

jurisdiction. The decision of the arbitrator will be final and binding on all parties to the dispute; however,

the arbitrator may not under any circumstances: (a) assess punitive, exemplary or consequential damages;

or (b) make any award which extends, modifies or suspends any lawful term of these Terms and

Conditions. The arbitrator, and not a court, shall have exclusive authority to resolve any dispute over the

enforceability of all or any part of this Section. In the event that any one or more provisions of this section

shall be or become invalid, illegal or unenforceable in any respect, the validity legality and enforceability

of the remaining provisions of this section shall not be affected thereby.

Governing Law; Venue

The Service is operated and controlled by RSMED within the State of Florida. Those who choose to

access the service from other locations do so on their own initiative and are responsible for compliance

with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the

contents of the Service are illegal or penalized is prohibited.

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida,

without regard to conflicts of law provisions.

Waiver and Severability

No waiver by RSMED of any term or condition set forth in this Agreement shall be deemed a further or

continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of

RSMED to assert a right or provision under this Agreement shall not constitute a waiver of such right or

provision.

If any provision of this Agreement 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 this Agreement will continue in full force and

effect.

No Agency

Neither this Agreement nor any Content, materials, or features of the Service create any partnership, joint

venture, employment, or other agency relationship between you and RSMED, the Providers, the

Pharmacies, or the Labs. You may not enter into any agreements on our behalf or otherwise bind us in any

way.

Assignment

You may not assign any of your rights under this Agreement, and any attempted assignment in violation

of the foregoing shall be null and void. RSMED may assign or transfer, without notice or consent, this

Agreement or any or all of the rights and obligations under this Agreement, in whole or in part, to an

affiliate of RSMED or to a third party that succeeds to all or any part of the business of RSMED by way

of merger, sale of assets, or otherwise.

Third-Party Beneficiaries

Any use of third-party software provided in connection with the Service will be governed by the

applicable third party’s license or terms of use, if any, and if there is no such license or terms of use, by

this Agreement.

Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to

the indemnification obligations contained herein in favor of RSMED, the Providers, the Pharmacies, and

the Labs, and the agreement to arbitration, we hereby expressly agree that there is no intent by either party

to create or establish third-party beneficiary status rights or their equivalent in any other referenced

individual, subcontractor or third party, and, except as specifically set forth in this Agreement, that no

third party shall have any right to enforce any right created or established under this Agreement.

Entire Agreement

These Terms and Conditions, our Privacy Policy, and any other agreements that RSMED may post on the

Service or that you and RSMED may execute from time to time constitute the sole and entire agreement

between you and RSMED regarding your use of the Service and supersede all prior and contemporaneous

understandings, agreements, representations, and warranties, both written and oral, regarding your use of

the Service (including prior versions of these Terms and Conditions).