REX MD - Terms of Use (2024)

Table of Contents

1. Scope; Modification of Agreement.
2. Requirements; Termination of Access to the Site Offerings; Necessary Equipment.
3. Registration Forms.
4. Purchasing Products.
5. Products.
6. Return Policy.
7. Telemedicine Services.
8. Content.
9. Interactive Services.
10. Social Media Pages.
11. Representations and Warranties.
12. Indemnification.
13. License Grant.
14. Proprietary Rights.
15. Legal Warning.
16. DISCLOSURE of Warranties.
17. Limitation of Liability.
18. Third Party Websites.
19. Copyright Policy/DMCA Compliance.
20. Editing, Deleting and Modification.
21. Use of Registration Data.
22. Dispute Resolution Provisions.
23. California User Consumer Rights.
24. California Proposition 65 Warnings.
25. Miscellaneous.
26. Contact Us.
27. SMS Terms of Service.
28. Promotional Credit Terms and Conditions.

Thank you for visiting the REX MD™ website located at rexmd.com (the “Site”). The Site is anInternet property of LifeMD, Inc. (collectively, “REX MD™,” “we,” “our”or “us”). The following REX MD™ Terms and Conditions (“Terms and Conditions”)are inclusive of the REX MD™ Privacy Policy (“Privacy Policy”), the Consent to Telehealth,the Frequently Asked Questions (“FAQ”) and any and all otherapplicable operating rules, policies, price schedules and other supplemental terms and conditions ordocuments that may be published from time to time, which are expressly incorporated herein byreference (collectively, the “Agreement”).

Each end-user visitor to the Site (“user,” “you” or “your”) agrees to the termsof the Agreement, in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/ordownloads any of the: (i) blog posts, text, audio, video, photographs, graphics, artwork,testimonials and/or other content featured on the Site, including erectile dysfunction (“ED”)related content (collectively, “Informational Content”); and/or (ii) links to third partywebsites, products and/or services (“Third-Party Links,” and together with the InformationalContent, the “Content”); (c) accesses links to REX MD’s™ social media pages/accounts(collectively, “Social Media Pages”) on third-party social media websites, such as Facebook®,Instagram®, Twitter® and YouTube® (“Social Media Websites”); (d) accesses certain productreview sections, message boards, comments sections, customer ratings and other interactive featuresof the Site (collectively, “Interactive Services”); (e) registers to receive the REXMD™ e-mail newsletter (“Newsletter”); (f) purchases any of the non-prescription itemsmade available by and through the Site (collectively, the “REX MD™ Nonprescription Products”)as provided by REX MD™; (g) purchases prescription medicines via the Site (“PrescriptionMedications,” and together with the REX MD™ Nonprescription Products, the“Products”), as same are prescribed by certain third-party licensed medical doctors(“Healthcare Providers”) that provide telemedicine-related services in connection with theSite (“Telemedicine Services”); and/or (h) utilizes the various contact forms and/or contactinformation made available on the Site as a means to contact directly, or request to be contactedby, REX MD™ (collectively, the “Contact Services,” and together with the Site, Content,Social Media Pages, REX MD™ Nonprescription Products, Newsletter, Prescription Medications andTelemedicine Services, the “Site Offerings”).

PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMSOF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANYMANNER OR FORM.

THE AGREEMENT CONTAINS DISCLOSURES OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, ACLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISEHEREUNDER AGAINST REX MD™, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES,HEALTHCARE PROVIDERS, THIRD-PARTY SERVICE PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY,“COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATIONPROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, ASPROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT(“TCCWNA”).

Instagram® and Facebook® are registered trademarks of Facebook, Inc. (“Facebook”). Twitter® is aregistered trademark of Twitter, Inc. (“Twitter”). YouTube® is a registered trademark of Google,Inc. (“Google”). Please be advised that REX MD™ is not in any way affiliated withFacebook, Google or Twitter, nor are the Site Offerings endorsed, administered or sponsored byany of the aforementioned entities.

DISCLOSURES
You acknowledge and understand that the Content and REX MD™ NonprescriptionProducts have not been evaluated by the US Food & Drug Administration (“FDA”). The Content, REXMD™ Nonprescription Products and other material made available by and through the SiteOfferings: (a) are not intended to diagnose, treat, cure or prevent any medical condition ordisease; (b) are not in any way intended as medical advice or as a substitute for medical adviceand/or medical treatment. You further understand that the REX MD™ Nonprescription Products andPrescription Medications are not intended for use by persons under eighteen (18) years of age.You understand and agree that some of the Content associated with the REX MD™ NonprescriptionProducts and/or the efficacy of the REX MD™ Nonprescription Products, is obtained fromindependent third party sources, such as news agencies, scientific reports and/orscientific/research entities (collectively, “Third-Party Sources”). REX MD™ does notwarrant or represent that such Content is error-free, and REX MD™ does not represent orendorse any Third-Party Sources or the methods that they use to arrive at their conclusions. AllREX MD™ Nonprescription Product specifications, performance data and other related informationmadeavailable via the Site Offerings is for informational and illustrative purposes only, and do notconstitute a guarantee or representation that the REX MD™ Nonprescription Products will conformto such specifications or performance data. REX MD™ does not warrant or represent that theREX MD™ Nonprescription Products will provide you with any particular benefits, or that yourresults will match those of others who have used the REX MD™ Nonprescription Products.Individual results will vary from person to person, and are dependent on factors includingpre-existing medical conditions, age, weight, body chemistry, diet and exerciseregimen.

You should always consult with your physician or other healthcare professional beforeutilizing any REX MD™ Nonprescription Products, Prescription Medications and/or adopting anytreatment for a health problem, whether featured by and through the Site Offerings or otherwise,especially if you suffer from any medical condition including, but not limited to, skin diseasesor ailments, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes,anemia, depression, anxiety, other psychiatric conditions, have a family history of these orother medical conditions. Your physician should allow for proper follow-up visits andindividualize your treatment plan as appropriate. If you have or suspect that you have a medicalproblem as a result of using any REX MD™ Nonprescription Products, Prescription Medicationsand/or treatment for a health problem, promptly contact your health care provider. Neverdisregard professional medical advice or delay in seeking professional advice because ofsomething that you have read on the Site or in connection with any other SiteOfferings.

Without limiting the foregoing, those who are taking medication or are under treatment forany disease, or are pregnant or lactating, please consult with your health care professionalbefore utilizing any REX MD™ Nonprescription Products, Prescription Medications and/or adoptingany treatment for a health-related problem. The REX MD™ Nonprescription Products may includeingredients that you may be allergic to. You should always check the ingredients in any REX MD™Nonprescription Products and Prescription Medications to avoid potential allergic reactions. Ifyou have, or suspect that you are experiencing, an allergic reaction or other adverse healthevent, promptly contact your health care provider.

1. Scope; Modification of Agreement. The Agreement constitutes the entire and onlyagreement between users and REX MD™ with respect to users’ use of the Site Offerings, andsupersedes all prior or contemporaneous agreements, representations, warranties and/orunderstandings with respect to same. We may amend the Agreement from time to time in our solediscretion, without specific notice to you; provided, however, that: (a) any amendment ormodification to the arbitration provisions, prohibition on class action provisions or any otherprovisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”)shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b)any amendment or modification to pricing and/or billing provisions (“Billing Provisions”)shall not apply to any charges incurred prior to the applicable amendment or modification. Thelatest Agreement will be posted on the Site, and you should review the Agreement prior to using theSite Offerings. By your continued use of the Site Offerings, you hereby agree to comply with, and bebound by, all of the terms and conditions contained within the Agreement effective at that time(other than with respect to disputes arising prior to the amendment or modification of the DisputeResolution Provisions, or charges incurred prior to the amendment or modification of the BillingProvisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisionsthen in effect at the time of the subject dispute or incurred charges, as applicable).

General Billing Terms: You must promptly notify us if your Payment Method is cancelled or isno longer valid (e.g., due to loss or theft) or your Product shipment may be delayed or cancelled.Changes to such information can be made by contacting a customer care professional at: (866)294-3772 or [emailprotected]. If you participate in an automatic shipment Recurring Fee programusing a credit card and your credit card fails to process for a subsequent shipment, you agree thatREX MD™ may contact you on any phone number (including a cell phone number) or e-mail addressprovided by you for alternate payment information. If you fail to pay for any product or servicereceived, your account may be sent to collection. UNLESS OTHERWISE INDICATED, ALL SALES AREFINAL AND NON-REFUNDABLE. The fees associated with your purchases will appear on yourPayment Method statement through the identifiers “REX MD 866-294-3772” or “REX Wellness.” All pricesdisplayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid andeffective only in the United States. Failure to use the Products does not constitute a basis forrefusing to pay any of the associated charges. Subject to the conditions set forth herein, you agreeto be bound by the Billing Provisions of REX MD™ in effect at any given time. Upon reasonableprior notice to you (with Site-updates and/or e-mail sufficing), REX MD™ reserves the right tochange its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Siteand/or purchase of Products after receipt of such notice shall constitute consent to any and allsuch changes; provided, however, that any amendment or modification to the Billing Provisionsshall not apply to any charges incurred prior to the applicable amendment ormodification.

Bundled Products & Cross-Sales That Include Provision Of Medical Services: All payments for bundled products and/or cross-sales that include provision of medical services are initially collected by REX MD™. However, any portion of these funds attributable to the provision of medical services is subsequently transferred to LifeMD’s affiliated medical group through its lead medical professional corporation, LifeMD Southern Patient Medical Care, P.C. It may then be redistributed to another medical professional corporation or medical professional association within that affiliated medical group, in order to properly account for the geographic area of the customer receiving such medical services.

5. Products. The Products remain, at all times, subject to the DISCLOSURES containedherein and on the Site. In the event that Products are listed at incorrect price points due to atypographical error or an error in pricing information received from our suppliers, REX MD™shall have the right to refuse or cancel any orders placed for the Products so listed at theincorrect prices. REX MD™ shall have the right to refuse or cancel any order whether or notthe order has been confirmed and whether or not the applicable customer paid for the subjectProducts. If a customer has already paid for Products and that order is cancelled, REX MD™shall immediately issue a credit to that customer’s Payment Method in the amount of the subjectcharge.The Site contains Product inventory information. This information can be used to estimate thelikelihood that the applicable Products will be shipped immediately after you place your order.Unfortunately, we cannot guarantee that Products listed as “in stock” will actually ship right away,as inventory can change significantly from day-to-day, and hour-to-hour. In rare cases, Productsmay be in stock when you place your order and sold out by the time that your order is processed.Should this happen, we will notify you via email. If for any reason we determine that backorderedProducts are no longer available, we will cancel your order, notify you immediately via email andprovide you with a refund.

6. Return Policy. If you wish to return REX MD™ Nonprescription Products, you maycontact a customer care professional at: (866) 294-3772. Please be advised that PrescriptionMedications are not eligible for return or refund.

8. Content. The Site contains Content which includes, but is not limited to, productreviews, text, audio, video, photographs, graphics, artwork, testimonials and other informationabout REX MD™ and/or the REX MD™ Nonprescription Products. The Content is compiled,distributed and displayed by REX MD™, as well as third-party content providers, such asThird-Party Sources and other Site users (collectively, “Third-Party Providers”). REX MD™ doesnot control the Content provided by Third-Party Providers that is made available by and through theSite Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness,appropriateness and/or usefulness of such Content. The Content should not necessarily be reliedupon. Reliance on any Content or other information made available to you by and through theSite Offerings is solely at your own risk. REX MD™ does not represent or warrantthat the Content and other information posted by and through the Site Offerings is accurate,complete, up-to-date or appropriate. You understand and agree that REX MD™ will not beresponsible for, and REX MD™ undertakes no responsibility to monitor or otherwise police,Content provided by Third-Party Providers. You agree that REX MD™ shall have no obligation andincur no liability to you in connection with any Content. You may find certain Content to beoutdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety whenusing the Content. The Content is offered for informational purposes only and is at alltimes subject to the DISCLOSURES contained herein and on the Site.

10. Social Media Pages. The Site contains links to the various REX MD™ SocialMedia Pages. The Social Media Pages are hosted and made available on third-party Social MediaWebsites by third-party entities. Your use of Social Media Pages and Social Media Websites shall begoverned by those Social Media Websites’ applicable agreements, terms and conditions. Youunderstand and agree that REX MD™ shall not be liable to you, any other user or anythird-party for any claim in connection with your use of, or inability to use, the Social MediaPages and/or Social Media Websites.

11. Representations and Warranties. Each user hereby represents and warrants to REX MD™ as follows: (a) where user purchases or attempts to purchase Products, that useris doing so for her/his own personal use, and with no intent to resell such Products;(b) the Agreement constitutes the legal, valid and binding obligation of user, which is fullyenforceable against such user in accordance with its terms; (c) user understands and agrees thatuser has independently evaluated the desirability of utilizing the Site Offerings and that user hasnot relied on any representation and/or warranty other than those set forth in the Agreement; (d) the information, including Form responses, user is providing to REX MD™ is true, accurate, and complete; and (e) the execution, delivery and performance of the Agreement by user will not conflict with orviolate: (i) any applicable law; (ii) any order, judgment or decree applicable to user; and/or (iii)any agreement or other instrument applicable to user.

12. Indemnification. Each user agrees to indemnify, defend and hold REX MD™,its officers, directors, employees, agents and attorneys, as well as the Covered Parties, harmlessfrom and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines,damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/orsettlement costs) arising from and/or related to: (a) any dispute between that user and anyHealthcare Provider(s) and/or other third party(ies); (b) that user’s breach of the Agreement and/orany representation or warranty contained herein; and/or (c) that user’s unauthorized and/or improperuse of the Site Offerings. The provisions of this Section 12 are for the benefit of REX MD™,its parent, subsidiaries and/or affiliates, and each of their respective officers, directors,members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of theseindividuals and entities shall have the right to assert and enforce these provisions directlyagainst users on its own behalf.

13. License Grant. Each user is granted a non-exclusive, non-transferable, revocableand limited license to access and use the Site Offerings. REX MD™ may terminate this licenseat any time for any reason. Unless otherwise expressly authorized by REX MD™, users may onlyuse the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings maybe reproduced in any form or incorporated into any information retrieval system, electronic ormechanical. No user or other third party may use any automated means or form of scraping or dataextraction to access, query or otherwise collect material from the Site Offerings except asexpressly permitted by REX MD™. No user or other third party may use, copy, emulate, clone,rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings,or any portion thereof. No user or other third party may create any “derivative works” by alteringany aspect of the Site Offerings. No user or other third party may use the Site Offerings inconjunction with any other third-party content. No user or other third party may exploit any aspectof the Site Offerings for any commercial purposes not expressly permitted by REX MD™. Eachuser further agrees to indemnify and hold REX MD™ harmless for that user’s failure to complywith this Section 13. REX MD™ reserves any rights not explicitly granted in the Agreement.

14. Proprietary Rights. The Site Offerings, as well as the organization, graphics,design, compilation, magnetic translation, digital conversion, software, services and other mattersrelated to same, are protected under applicable copyrights, trademarks and other proprietary(including, but not limited to, intellectual property) rights. The copying, redistribution orpublication by any user or other third party of any part of the Site Offerings is strictlyprohibited. No user or other third party acquires ownership rights in or to any content, document,software, services or other materials viewed by or through the Site Offerings. The posting ofinformation or material by and through the Site Offerings does not constitute a waiver of any rightin or to such information and/or materials. The “REX MD” name and logo, and all associated graphics,icons and service names, are registered trademarks of LifeMD, Inc. The use of any trademark withoutthe applicable trademark owner's express written consent is strictly prohibited.

15. Legal Warning. Any attempt by any individual to damage, destroy, tamper with,vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation ofcriminal and civil law and REX MD™ will diligently pursue any and all remedies against anyoffending individual or entity to the fullest extent permissible by law and in equity.

16. DISCLOSURE of Warranties. THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICESOFFERED BY AND THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALLWARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TOAPPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLOSURE OF ANY WARRANTIES OF MERCHANTABILITY,NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUTNOT AS A LIMITATION THEREOF, REX MD™ MAKES NO WARRANTY THAT THE SITE OFFERINGS AND THE OTHERPRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME: (A) WILL, AS APPLICABLE, MEET ANY USER’SREQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BECORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC MEDICAL BENEFITOR OTHER HEALTH-RELATED OUTCOME; OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND THEOTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHERLIMITATIONS. REX MD™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNETCONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,OBTAINED BY ANY USER FROM REX MD™ OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATEANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

17. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT REXMD™ SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OFPROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REX MD™ HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE ORINABILITY TO USE THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME;(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,INFORMATION, CONTENT AND THE OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THESITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO,OR ALTERATION OF, ANY REGISTRATION DATA; (E) THE FAILURE TO REALIZE ANY SPECIFIC MEDICAL BENEFIT OROTHER HEALTH-RELATED OUTCOME; AND/OR (F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND THEOTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OFACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY,NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBYRELEASES REX MD™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THELIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITYOF REX MD™ TO ANY USER UNDER ANY AND ALL CIRc*msTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND THE OTHER PRODUCTS ANDSERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY ANY USER OR REX MD™ MORE THAN ONE(1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OFDAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER ANDREX MD™. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS.SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THELIABILITY OF REX MD™ SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18. Third Party Websites. The Site Offerings contain links to other websites on theInternet that are owned and operated by third parties including, without limitation, the SocialMedia Websites and/or Third-Party Links. REX MD™ does not control the information, products orservices made available on, by or through these third-party websites. The inclusion of any link doesnot imply endorsem*nt by REX MD™ of the applicable website or any association with thewebsite’s operators. Because REX MD™ has no control over such websites and/or resources, eachuser agrees that REX MD™ is not responsible or liable for the availability or the operation ofsuch external websites, for any material located on or available from or through any such websitesor for the protection of any user’s data privacy by third parties. Each user further agrees that REXMD™ shall not be responsible or liable, directly or indirectly, for any loss or damage causedby the use of or reliance on any such material available on, by or through any such site.

20. Editing, Deleting and Modification. REX MD™ reserves the right, in itssole discretion, to edit and/or delete any documents, information or Content appearing on the Site.

21. Use of Registration Data. All material submitted by users through or in association with the Site Offerings including, without limitation, the Registration Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.

22. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between the parties (including the Covered Parties) including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“FinalSettlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed,you must submit your dispute for resolution by arbitration before the AAA, in your county ofresidence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Covered Partiesand/or their respective employees, officers, directors, members, representatives and/or assigns.You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as aparticipant in the suit. You agree to pay the attorney's fees and court costs that any CoveredParty incurs in seeking such relief. This provision preventing you from bringing, joining orparticipating in class action lawsuits: (i) does not constitute a waiver of any of your rightsor remedies to pursue a claim individually and not as a class action in binding arbitration asprovided above; and (ii) is an independent agreement. You may opt-out of these disputeresolution provisions by providing written notice of your decision within thirty (30) days ofthe date that you first access the Site.

23. California User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3,California State resident Users may file grievances and complaints with the California Department ofConsumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or800-952-5210; or by email to [emailprotected].

25. Miscellaneous. To the extent that anything in or associated with the SiteOfferings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence.REX MD’s™ failure to enforce any provision of the Agreement shall not be deemed a waiver ofsuch provision nor of the right to enforce such provision. The parties do not intend that any agencyor partnership relationship be created through operation of the Agreement. Should any part of theAgreement be held invalid or unenforceable, that portion shall be construed consistent withapplicable law and the remaining portions shall remain in full force and effect. REX MD™ mayassign its rights and obligations under the Agreement, in whole or in part, to any party at any timewithout notice to you. The Agreement may not, however, be assigned by you, and you may not delegateyour duties under it. Headings are for reference purposes only and in no way define, limit, construeor describe the scope or extent of such section.

26. Contact Us. If you have any questions about the Agreement, Site Offerings or thepractices of REX MD™, you may utilize the contact method applicable to the subject matter ofyour inquiry, as set forth on the “Contact Us” page of the Site, or you can e-mail us at:[emailprotected]; call us at: (866) 294-3772; or send us U.S. mail to: LifeMD, Inc. (d/b/a REX MD),800 Third Avenue, Suite 2800, New York, NY 10022.

27. SMS Terms of Service.

Use of our text message-based services is subject to the following.

Description of the Service:

We use SMS messaging to let you know or remind you of product offerings and to inform you when we need additional information. The Wireless Carriers are not liable for delayed or undelivered messages.

Please note: Message & Data Rates May Apply.

Help: To obtain help you may:
Text HELP to obtain help on your mobile phone.

Email us at: [emailprotected]
Call us at: 866-294-3772 M-F 9am-5pm EST

Terminating the Service: You may terminate any of the Services or subscriptions at any time by texting STOP.

Frequency of Messaging: Text alerts are delivered 1 message per day.

We will not share, rent, or sell your Personal Information to other companies or individuals, unless we have your consent.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messages originator opt-in data and consent; this information will not be shared with any third parties.

RexMD account updates - up to one message per day. Reply STOP to Opt-Out and HELP for help. Message and data rates may apply.

28. Promotional Credit Terms and Conditions.

REX MD™ may offer from time to time, as part of your use of the Site and/or the products and services, certain promotional credits.

To be eligible to use any promotional credits, you must have a valid REX MD™ account with a valid payment method, and you must meet all other eligibility criteria specified in the promotional credit offer. If you meet the eligibility criteria for a promotional credit, it will not be issued to you until after your successful purchase of an order resulting in a written prescription.

Promotional credits may be offered for a limited time and may expire on a specific date or after a specific period of time as specified by REX MD™. Promotional credits are void where prohibited by law and void in the event of fraud, mistake, or misrepresentation. REX MD™ may modify or terminate any offer of promotional credits at any time, without notice to you.

Promotional credit offers are limited to one per customer and can only be redeemed for REX MD™ over-the-counter products that do not require a prescription or a subscription, and which are available in the member portal. Promotional credits must be redeemed by calling 800-503-0097 and speaking to a REX MD™ member support representative. Promotional credits may be subject to additional restrictions as specified in the offer, such as limitations on the number of credits that can be used per account.

Any and all promotional credits are non-transferable, non-refundable, and cannot be redeemed for cash or other value. Promotional credits may not be combined with other offers or discounts and products purchased using promotional credits cannot be returned.

Any promotional credits that are applied to your account will be available for use as specified in the offer. If the total cost of a transaction exceeds the amount of the promotional credit, you will be responsible for paying the remaining balance, including any applicable shipping and handling or sales tax charges, using a valid payment method in accordance with the Terms and Conditions. You will not be notified when your promotional credits are exhausted.

REX MD™ reserves the right to cancel, revoke, or modify any promotional credit at any time, without notice to you.

REX MD™ does not warrant or guarantee the availability of inventory. You acknowledge and agree that REX MD™ is not responsible for any losses or damages arising from your use of any promotional credits.

REX MD™ may modify or amend these Promotional Credit Terms and Conditions at any time, without notice to you. Your continued use of any promotional credits following any such modifications or amendments shall constitute your acceptance of such modifications or amendments.