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1-(866) 850-7195 info@jenmarinternational.com

TERMS OF SERVICE

Effective Date: August 31, 2021

These Terms of Service (“Terms”) govern your use of our websites (collectively, the “Site”), and

unless you have entered into a separate written agreement with us, our related products and

services, including any content or information provided as part of the Site or such related products,

services or websites (collectively with the Site, the “Services”), which are owned or operated by

EasyRx, LLC, d/b/a Jenmar International, a Georgia limited liability company (“EasyRx”, “we”, “our”

or “us”).

Our Privacy Policy, available at https://app.easyrxortho.com/user/privacy, is incorporated by

reference into these Terms. Please read these Terms and the Privacy Policy carefully before you

access the Services, as these Terms form a binding legal agreement between you and EasyRx.

These Terms may apply to you individually, the business or other legal entity user you represent, or

both. If you are using the Site or Services on behalf of a company or other legal entity, you hereby

represent and warrant that you have the authority to enter into these Terms on behalf of such entity.

By accessing, registering for or using the Services, you: (1) acknowledge that you have read and

understand these Terms; (2) agree to be bound by them in their entirety, and (3) are entering into a

legally binding agreement with us. As used in these Terms and unless separately identified as

applicable to either an individual or entity, “you” and “your” refer to both you individually and the

entity on behalf of which you are entering into these Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES. YOUR USE

OF OUR SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE

AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY

REFERENCE HEREIN, WHICH INCLUDES THE EASYRX PRIVACY POLICY.

1. Your Eligibility; Your Responsibility

To be eligible to use the Services, you represent and warrant that you: (i) are at least 18

years of age, or otherwise over the age of majority in the jurisdiction in which you

reside; (ii) are not currently restricted from the Services and are not otherwise

prohibited from having an account related thereto; (iii) will only maintain one account at

any given time; (iv) will only provide accurate information to EasyRx; (v) have full power

and authority to enter into these Terms and doing so will not violate any other

agreement to which you are a party; and (vi) will not violate any rights of EasyRx or a

third party.

You assume all responsibility for your use of, and access to, the Services. Accounts are

for a single user, company or other legal entity, as applicable. Any multiple-party use,

other than individual use on behalf of a company or other legal entity, is prohibited. For

example, sharing a login between non-entity individual users is prohibited.

2. Personal Information; Your Content; Your Account

Accuracy. By registering for our Services, you represent and warrant that all information

you submit to us is true, accurate, current and complete and that you will promptly notify

us in writing if your information changes. It is your responsibility to keep your account

and profile information accurate and updated. We are not responsible for any disputes

or claims related to any inaccurate, incomplete, or untimely information provided by you

to us.

Privacy. To use our Services, you must register with us and submit certain personally

identifiable information. You expressly agree that we may collect, disclose, store and

otherwise use your information in accordance with the terms of the EasyRx Privacy

Policy, available at https://app.easyrxortho.com/user/privacy.

Your Content. As between you and EasyRx, you own the information, materials, photos,

or other content (the “Content”) you provide EasyRx under this Agreement. Any Content

that you upload or otherwise provide to EasyRx in connection with the Services may be

used by EasyRx in order to provide and promote the Services or EasyRx’s business.

Accordingly, you grant to EasyRx, and all of its subsidiaries, affiliates, successors, and

assigns, a worldwide, perpetual, royalty-free, fully paid, sublicensable, non-exclusive,

and transferable right to use, publish, reproduce, distribute, modify, prepare derivative

works of, adapt, publicly display and otherwise use the Content. Such right to use such

Content shall survive the termination of these Terms and termination of the Services.

You authorize us to use, forward, or post your profile or related information on other

sites and services. Additionally, you authorize us to use your corporate logo and

corporate name, if applicable, for any promotional purposes (to opt-out, email us

at info@easyrxcloud.com). Notwithstanding the foregoing, you retain all rights to the

Content, except as otherwise provided herein or as otherwise provided in any other

agreement between you and EasyRx. Any Content you submit to us is provided at your

own risk of loss. You are solely responsible for all Content you share, provide, display,

publish, or disseminate to others, whether such action was taken by us or you. By

providing Content to us, you represent and warrant that you are entitled to submit it and

that it is not confidential and not in violation of any law, contractual restrictions or other

third party rights (including any intellectual property rights). EasyRx may also remove or

delete your Content from the Services at any time in its sole discretion.

Your Account. Except for your Content licensed to us as set forth above, the account

you create and any related profile is owned by us. With regard to your account, you

agree to: (i) keep your password secure and confidential; (ii) not permit others to use

your account; (iii) not use the accounts of others; (iv) not transfer your account to

another party; and (v) notify us of any actual or suspected unauthorized use of your

account. You are responsible for any activity occurring under your account.

Feedback. You may from time to time identify problems, solutions to identified

problems, provide suggestions, comments or other feedback related to our Services or

otherwise relating to EasyRx (“Feedback”) to EasyRx. You acknowledge and agree that

all Feedback is and shall be given entirely voluntarily and EasyRx shall be free to use or

disclose such Feedback for any purpose. You further acknowledge and agree that your

Feedback does not contain confidential or proprietary information and you are not

entitled to any compensation or reimbursement of any kind from EasyRx under any

circumstances relating to such Feedback.

3. Personal Use; Limited License; Ownership

Subject to the terms and conditions herein, EasyRx grants you a limited, revocable,

non-transferable, non-sublicensable, non-exclusive license and right to access the

Services through a generally available mobile device, web browser or EasyRx

authorized Site to view content and information and otherwise use the Services to the

extent intended and permitted by the functionality thereof. This license is personal to

you, and you may not resell our Services, permit other users access to our Services

through your account, or use the Services to host content for others. You may not copy

or download any content from the Services except with the prior written approval of

EasyRx. You acknowledge that, except as otherwise expressly provided, these Terms

are solely between you and EasyRx.

Furthermore, without the prior written approval of EasyRx, you may not distribute,

publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create

derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse

engineer or otherwise make unauthorized use of the Services. Any commercial use not

expressly authorized is prohibited. You agree not to remove, obscure, or alter copyright,

patent, trademark, or other proprietary rights notices affixed to the Services. Your rights

are subject to your compliance with these Terms as well as any other agreements

applicable to the Services you are using. The Services provided by EasyRx are

licensed, not sold. The Services, and all copies of the Services, are owned by EasyRx

or its third party licensors and are protected by various intellectual property laws,

including, without limitation, copyright and trade secret laws. EasyRx reserves all rights

not expressly granted to you herein. You agree that you have no right to any EasyRx

trademark or service mark and may not use any such mark in any way unless expressly

authorized by EasyRx.

Making unauthorized copies or distribution of Site content or otherwise violating these

Terms may result in the termination of your EasyRx account, prohibition on use of the

Services, and further legal action. EasyRx reserves the right to limit your use of or

access to the Services, in its sole discretion in order to maintain the performance and

availability of the Services and to enforce these Terms of Service.

EasyRx is not liable for the loss, corruption, alteration or removal of any content

transmitted using our Services. By using our Services, you expressly waive the right to

seek damages and agree to hold EasyRx harmless for any such loss, alteration,

corruption or removal. You acknowledge and agree that you are solely responsible for

retaining all records and reconciling all transaction information relating to your use of

the Services.

4. Third-Party Content & Websites

We do not control, and we are not responsible for, any data, content, services, or

products (including software) that you access, download, receive or buy while using the

Services. We may, but do not have any obligation to, block information, transmissions

or access to certain information, services, products or domains to protect the Services,

our network, the public or our users. We are not a publisher of third-party content

accessed through the Services and are not responsible for the content, accuracy,

timeliness or delivery of any opinions, advice, statements, messages, services,

graphics, data or any other information provided to or by third parties as accessible

through the Service.

From time to time, the Services may contain references or links to third-party materials

not controlled by EasyRx or its suppliers or licensors. EasyRx provides such information

and links as a convenience to you and should not be considered endorsements of such

sites or any content, products or information offered on such sites. You acknowledge

and agree that EasyRx is not responsible for any aspect of the information or content

contained in any third party materials or on any third party sites accessible or linked to

the Services. You are responsible for evaluating whether you want to access or use a

third party sites. Accordingly, if you decide to use third party sites, you do so at your

own risk and agree that this Agreement does not apply to your use of any third party

sites. You should review any applicable terms or privacy policy of a third party sites

before using it or sharing any information.

5. Acceptable Use Policy

You agree to comply with all applicable laws and regulations in connection with your

use of the Services. You may not use our Services to post or transmit any illegal

material, including without limitation any transmissions that would constitute a criminal

offense, give rise to civil liability, or otherwise violate any local, state, national or

international law or regulation. In particular, the following is a representative, nonexhaustive

list of acts that are prohibited:

o Using the Services while operating a motor vehicle;

o The transmission or posting of chain letters or pyramid schemes, or other

acts that involve deceptive online marketing practices or fraud;

o Acts that may materially and adversely affect the quality of other users’

experience;

o Actual or attempted unauthorized use or sabotage of any computers,

machines or networks;

o Introducing malicious programs into EasyRx’s Services, network or servers

(e.g. viruses, worms, Trojan horses, etc.);

o Engaging in any monitoring or interception of data not intended for you

without authorization;

o Attempting to circumvent authentication or security of any host, network, or

account without authorization;

o Reverse engineer, decompile, disassemble, decipher or otherwise attempt

to derive the source code for any underlying intellectual property used to

provide the Services, or any part thereof;

o Adapt, modify or create derivative works based on the Services,

technology underlying the Services, or other users’ content, in whole or

part;

o Duplicate, license, sublicense, publish, broadcast, transmit, distribute,

perform, display, sell, rebrand, or otherwise transfer information found on

the Services (excluding content posted by you) except as permitted in

these Terms, or as expressly authorized by EasyRx in writing;

o Using any method, software or program designed to collect identity

information, authentication credentials, or other information;

o Transmitting or receiving, uploading, using or reusing material that is

abusive, indecent, defamatory, harassing, obscene or menacing, or a

breach of confidence, privacy or similar third party rights;

o Transmitting or receiving, uploading, using or reusing material that violates

any intellectual property rights of a third party, including, without limitation,

patents, trademarks, trade secrets or copyrights;

o Transmitting, receiving, uploading, using or reusing material that you do

not have a right to transmit under any law or under contractual or fiduciary

relationships (such as inside information, proprietary and confidential

information learned or disclosed as part of employment relationships or

under nondisclosure agreements);

o Falsifying user identification information;

o Using the Services for anything other than lawful purposes including, but

not limited to, intentionally or unintentionally violating any applicable local,

state, national or international law; or

o Impersonating any person or entity, including, but not limited to, a EasyRx

representative, or falsely stating or otherwise misrepresenting your

affiliation with a person or entity.

EasyRx enforces a zero-tolerance SPAM policy regarding information transmitted

through our network. EasyRx may determine in its sole discretion whether any

transmissions are considered SPAM. SPAM includes, but is not limited to, the following:

o Bulk unsolicited e-mail, promotional material, or other forms of solicitation

sent via the Services, or e-mail that advertises any IP address belonging to

EasyRx or any URL (domain) that is hosted by EasyRx.

o The use of web pages set up on ISPs that allow SPAM-ing that directly or

indirectly reference customers to domains or IP addresses hosted by

EasyRx.

o Forging or misrepresenting message headers, whether in whole or in part,

to mask the true origin of the message.

If EasyRx determines that you have posted one or more articles of SPAM, we may

cancel your account immediately and take steps to prevent you from using our network

at any time thereafter.

You agree not to use the Services for the purpose of recruiting for another website or

service that offers competing functionality to the Services.

6. Copyright Protected Materials

EasyRx respects the intellectual property rights of others and expects that you do the

same. It is our policy to terminate, in appropriate circumstances, the accounts of

subscribers who infringe the copyrights of others. You may not upload, download, post,

publish, transmit, reproduce, or distribute in any way, files, material, information,

software or other material obtained through the Services that is protected by copyright

or other proprietary right or derivative works with respect thereto, without obtaining

permission of the copyright owner or other right holder. EasyRx has the right, but not

the obligation, to remove from the Services any files, material, information, software or

other material EasyRx believes is or may be, in its sole discretion, infringing or

otherwise in violation of the rights of others.

If you believe in good faith that your copyright has been infringed, please provide a

written communication regarding such belief to: info@easyrxcloud.com

7. Right to Restrict or Terminate Access

EasyRx may deny or restrict your access to all or part of the Services without notice in

its reasonable discretion if it deems that you have engaged in any conduct or activities

that EasyRx in its reasonable discretion believes violates the letter or spirit of any of

these Terms. If EasyRx denies or restricts your access to the Services because of such

a violation, you shall have no right to obtain any refund or credit for the subscriptions

fees you have paid.

In the event that these Terms or the Services are terminated for any reason or no

reason, you acknowledge and agree that you will continue to be bound by these Terms.

Following termination, you shall immediately cease use of the Services and any license

granted to you under any agreement related to your use of the Services shall

immediately terminate. Upon termination, EasyRx reserves the right to delete all of your

Content, data, and other information stored on EasyRx’s servers. EasyRx will not be

liable to you or any third party as a result of the termination of these Terms or the

Services or for any actions taken by EasyRx pursuant to these Terms as a result of

such termination. Without limiting the generality of the foregoing, EasyRx will not be

liable to you or any third party for damages, compensation, or reimbursement relating to

your use of the Services, or the termination thereof.

You may terminate these Terms by terminating your use of the Services and any

related account. Any sections or terms which by their nature should survive or are

otherwise necessary to enforce the purpose of these Terms, will survive the termination

of these Terms and termination of the Services. Termination of these Terms or the

Services does not relieve you from your obligation to pay EasyRx any amounts owed to

EasyRx.

8. Security

You acknowledge and agree that you are solely responsible for protecting your

password and other personal information and for the consequences of not protecting

such data. Access to our Services and to certain online transactions may involve the

use of identification numbers, passwords, payment accounts or other individualized

nonpublic information (“Private Documentation”). You shall use your best efforts to

prevent unauthorized use of our Services, your account, or of any Private

Documentation, and shall promptly report to EasyRx any suspected unauthorized use

or other breach of security. You shall be responsible for any unauthorized use of your

account, identification numbers or passwords until we receive written notice of a breach

of security and a request to block further access for such numbers and passwords.

EasyRx shall not be liable for any unauthorized use of payment accounts.

9. Disclaimer of Warranty

Actual service coverage, speeds, locations and quality may vary. EasyRx will attempt to

provide the Services at all times, except for limited periods for maintenance and repair.

However, the Services may be subject to unavailability for a variety of factors beyond

our control including emergencies, third-party service failures, transmission, equipment

or network problems or limitations, interference, signal strength, and may be

interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible

for data, messages or pages lost, not delivered, delayed or misdirected because of

interruptions or performance issues with the Services or communications services or

networks. We may impose usage or Services limits, suspend the Services, or block

certain kinds of usage in our sole discretion to protect users or the Services. The

accuracy and timeliness of data received is not guaranteed.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL SITE CONTENT AND

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS,

WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED,

INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM,

TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY

OF INFORMATION. EASYRX DOES NOT WARRANT THAT THE SERVICES WILL BE

AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN

UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT

ERRORS OR DEFECTS WILL BE CORRECTED. EASYRX DOES NOT MAKE ANY

REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR

THE RESULTS OF THE USE OF THE SERVICES, IN TERMS OF THEIR

ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.

The Service is merely a tool that may be used to facilitate connecting patients to

healthcare providers and do not themselves constitute the practice of any medical,

nursing or other professional health care advice, diagnosis or treatment. The

information made available through the Services does not replace professional

medical advice, diagnosis or treatment and should not be used for or relied upon

for any such purpose. It is your sole responsibility to seek any and all medical

advice, diagnosis and treatments from a licensed healthcare provider. WE DO

NOT WARRANT THAT ANY DESCRIPTION PROVIDED THROUGH THE SERVICES

IS ACCURATE, COMPLETE, RELIABLE, CURRENT, SAFE OR ERROR-FREE. THE

SERVICES SHOULD NOT BE AND MAY NOT BE THE BASIS OF ANY TREATMENT

DECISIONS WHICH ARE YOUR AND YOUR LICENSED HEALTHCARE

PROVIDER’S SOLE RESPONSIBILITY, AND WE ASSUME NO LIABILITY IN

RESPECT THEREOF. THE SERVICES AND THE INFORMATION CONTAINED

WITHIN THE SERVICES ARE NOT A CERTIFIED ELECTRONIC HEALTH RECORD

AND ANY AND ALL CLINICAL OR HEALTHCARE DECISIONS SHOULD BE MADE

BY A LICENSED HEALTHCARE PROVIDER. ALL DATA SHOULD BE VALIDATED BY

THE LICENSED HEALTHCARE PROVIDER.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF

IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW

LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR

EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, EASYRX’S

WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE

LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH

JURISDICTION.

10. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL EASYRX, ITS AFFILIATES, EMPLOYEES,

AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY

PARTNERS (“EASYRX PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON

FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR

CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR

THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY,

CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY;

INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS,

LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER

DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE

RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY,

CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE

FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.

A EASYRX PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT

EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID EASYRX FOR YOUR

USE OF THE SERVICES IN THE PRIOR THREE (3) MONTHS; AND (B) THE SUM OF

ONE HUNDRED (100) US DOLLARS.

SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE

LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE EASYRX

PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT

PERMITTED BY LAW.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF

LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO

ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS

ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY EASYRX TO YOU

AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN

THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND

INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE

LIMITATIONS IN SECTIONS 9 AND 10 WILL APPLY NOTWITHSTANDING THE

FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS

AGREEMENT.

11. Indemnity

You agree to defend, indemnify and hold the EasyRx Parties harmless from any claim

or demand, including reasonable attorneys’ fees, made by any third party arising out of

or relating to (i) any violation of these Terms by you; (ii) your Content or any other

content or material you submit or otherwise transmit through our Services; (iii) your

violation of any rights of another; or (iv) your use of the Services. EasyRx reserves the

right, at its own expense, to assume the exclusive defense and control of any matter

otherwise subject to defense by you.

12. Dispute Resolution

Excluding claims for injunctive or other equitable relief, for any claim where the total

amount of the award sought is less than $10,000, the party requesting relief may elect

to resolve the dispute through binding non-appearance-based arbitration. In the event a

party elects arbitration, they shall initiate such arbitration through an established

alternative dispute resolution EasyRx mutually agreed upon by the parties. The

arbitration shall be conducted by telephone, online or be solely based on written

submissions; the specific manner shall be chosen by the party initiating the arbitration.

The arbitration shall not require any personal appearance by the parties or witnesses

unless otherwise mutually agreed by the parties. Any judgment on the award rendered

by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

You agree that any dispute resolution proceedings will be conducted only on an

individual basis and not in a class, consolidated or representative action. If for any

reason a claim proceeds in court rather than in arbitration each party waives any right to

a jury trial.

13. Electronic Notices and Disclosures

You acknowledge and agree that EasyRx may provide notices and other disclosures to

you electronically by posting such notices or other disclosures on EasyRx’s website or

by emailing it to you at any email address provided to EasyRx by you. Such notices or

other disclosures shall be considered received by you following the posting on the

website or twenty-four (24) hours following the email being sent to you, as applicable.

Any such electronic notice or other disclosure shall have the same effect and meaning

as if it had been provided to you as a paper copy.

14. Changes to the Terms

We may add to, change or remove any part of these Terms, at any time without prior

notice to you other than listing of a later effective date than the one set forth at the top

of these Terms. Such modification shall be effective immediately upon posting at the

Site. As your next visit to the Site or use of the Services may be governed by different

Terms, we encourage you to look for a new effective date on these Terms when you

visit the Site or use the Services. It is your responsibility to check these Terms

periodically for changes. If we make any material changes to these Terms, we will

endeavor to provide registered users with additional notice of any changes, such as at

your e-mail address of record or when you log-in to your account.

Your use or continued use of the Services following the posting or notice of any

changes to these Terms or any other posted policies shall constitute your acceptance of

the changed Terms or policies.

15. Third-Party Terms & Content

We do not control, and we are not responsible for, any data, content, services, or

products (including software) that you access, download, receive or buy while using the

Services. We may, but do not have any obligation to, block information, transmissions

or access to certain information, services, products or domains to protect the Services,

our network, the public or our users. We are not a publisher of third-party content

accessed through the Services and are not responsible for the content, accuracy,

timeliness or delivery of any opinions, advice, statements, messages, services,

graphics, data or any other information provided to or by third parties as accessible

through the Service.

From time to time, the Services may contain references or links to third-party materials

not controlled by EasyRx or its suppliers or licensors. EasyRx provides such information

and links as a convenience to you and should not be considered endorsements of such

sites or any content, products or information offered on such sites. You acknowledge

and agree that EasyRx is not responsible for any aspect of the information or content

contained in any third party materials or on any third party sites accessible or linked to

the Services. You are responsible for evaluating whether you want to access or use a

third party sites. Accordingly, if you decide to use third party sites, you do so at your

own risk and agree that this Agreement does not apply to your use of any third party

sites. You should review any applicable terms or privacy policy of a third party sites

before using it or sharing any information.

16. Miscellaneous

These Terms, along with any rules, guidelines, or policies published on the EasyRx

homepage constitute the entire agreement between EasyRx and you with respect to

your use of our Services. If there is any conflict between the Terms and any other rules

or instructions posted on the Services, the Terms shall control. No amendment to these

Terms by you by shall be effective unless acknowledged in writing by EasyRx.

Notwithstanding the foregoing, EasyRx reserves the right, in its sole discretion, to

modify these Terms or the policies referenced herein at any time as set forth above.

These Terms shall be governed by, and construed in accordance with, the laws of the

state of Georgia, without reference to its choice of law rules. Subject to the arbitration

provisions above, exclusive venue for any action arising out of or in connection with this

agreement shall be in Atlanta, Georgia. The parties each hereby consent to the

jurisdiction and venue in Atlanta, Georgia and waive any objections to such jurisdiction

and venue. Notwithstanding the foregoing, you agree that EasyRx shall be entitled to

apply for injunctive remedies or other equitable relief in any jurisdiction. Subject to any

applicable law to the contrary, you agree that any cause of action arising out of or

related to the use of our Services must be commenced within one (1) year after the

cause of action accrues, or such action will be permanently barred. If any portion of

these Terms is found to be unenforceable or invalid for any reason, that provision will

be limited or eliminated to the minimum extent necessary so that the rest of these

Terms will otherwise remain in full force and effect. You may not assign your rights or

obligations under these Terms without the prior written consent of EasyRx. EasyRx’s

failure to insist upon or enforce any provision of these Terms shall not be construed as

a waiver of any provision or right. Any sections or terms which by their nature should

survive or are otherwise necessary to enforce the purpose of these Terms, will survive

the termination of these Terms and termination of the Services. All headings included in

these Terms are included for convenience only, and shall not be considered in

interpreting these Terms. These Terms do not limit any rights that EasyRx may have

pursuant to any intellectual property laws or any other laws. All rights and remedies

available to EasyRx, pursuant to this Agreement or otherwise, at law or in equity, are

cumulative and not exclusive of any other rights or remedies that may be available to

EasyRx. In no event shall you seek or be entitled to rescission, injunctive or other

equitable relief, or to enjoin or restrain the operation of the Services, or any other

materials issued in connection therewith, or exploitation of the Services or any content

or other material used or displayed through the Services. Except as otherwise expressly

set forth herein, there shall exist no right of any person, other than you and EasyRx, to

claim a beneficial interest in these Terms or any rights occurring by virtue of these

Terms. No independent contractor relationship, partnership, joint venture, employer-employee

or franchise relationship is created by this Agreement.

If you have any questions, complaints, or claims, you may contact EasyRx, LLC at 3150

Arden Road, NW, 3rd Floor, Atlanta, Georgia 30305, 1-888-340-3751.

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