Terms of Service

1. Accepting These Terms

By accessing or using the Services, you agree to these Terms and to our Privacy Policy, which is part of these Terms. If you do not agree, do not use the Services.

We may present additional terms for specific products or features. Those terms become part of these Terms when you accept them.

2. What radivarx Does — and Doesn't Do

2.1 Our role. radivarx provides a technology platform and administrative services that connect you with independent, licensed healthcare providers ("Providers") and independent, licensed pharmacies ("Pharmacies"). These services include:

• the Site and your account;
• customer support;
• payment processing; and
• coordinating prescription fulfillment and shipping.

2.2 radivarx is not a healthcare provider or a pharmacy. radivarx does not practice medicine, give medical advice, diagnose or treat any condition, or dispense medication.

• Medical services are provided by Providers, who are independent clinicians in the LocumTele provider network (the "Medical Group").
• Prescriptions are filled by Pharmacies.

2.3 Your Provider decides your care. Providers use their own independent professional judgment. radivarx does not control or interfere with their clinical decisions. Any provider–patient relationship is between you and your Provider and Medical Group, not between you and radivarx.

2.4 No guarantee of a prescription or results. Completing a questionnaire, paying, or subscribing does not guarantee that a Provider will prescribe any medication. Individual results vary, and we do not guarantee any particular outcome.

2.5 Not a replacement for your regular doctor. The Services do not replace a relationship with a primary care provider or the need for in-person care. Your Provider may recommend that you get in-person care.

3. Medical Emergencies

Do not use the Services for emergencies or urgent medical needs.

• If you think you are having a medical emergency, call 911 or go to the nearest emergency room.

4. Eligibility

To use the Services, you must:

• be at least 18 years old; and
• be physically located in the United States each time you use the Services.

Meeting these requirements does not guarantee that you will receive the Services.

5. Your Account

• Accurate information. You agree to give us accurate, complete, and current information and to keep it up to date. This includes your name, date of birth, contact details, and physical location.
• One account, for you only. You may create only one account, and you may use it only for yourself. You may not use it for anyone else.
• Security. Keep your login credentials confidential. You are responsible for activity in your account. Tell us right away at Notifications@radivarx.com if you think someone has used your account without permission.
• Verification. We may ask you to verify your identity before or during your use of the Services.

6. Telehealth Services

6.1 How care works. Care is provided through telehealth. It may include an online medical questionnaire, secure messages, photos, and phone or video visits. The format depends on your Provider's judgment and the laws of the state where you are located.

6.2 Telehealth consent. Before you receive care, you will be asked to agree to our Telehealth Informed Consent.

6.3 Your health information. You agree to give complete and truthful information about your health, including:

• your medical history;
• your current medications;
• any allergies; and
• anything else your Provider asks about.

Update this information whenever it changes. Your Provider relies on it, and leaving out or misstating information can put your health at risk.

6.4 Your Provider's decisions. Your Provider may:

• ask for lab tests or a video visit;
• recommend in-person care;
• decline to treat you; or
• change or stop your treatment at any time.

6.5 Following instructions.

• Follow your Provider's instructions and the information that comes with your medication.
• Seek emergency care for severe or sudden symptoms.

6.6 Limits of telehealth. Telehealth has limits. For example, technical problems can cause delays. Your Provider decides whether telehealth is appropriate for you.

7. Prescriptions, Medications, and Pharmacies

7.1 Prescriptions. Only your Provider decides whether to prescribe a medication, which one, and at what dose. Your Provider may require periodic check-ins before approving a refill.

7.2 Pharmacies. Pharmacies are independent, licensed businesses responsible for preparing, labeling, and dispensing medications.

7.3 Compounded medications. Your Provider may prescribe a compounded medication, which is prepared by a licensed pharmacy for an individual patient.

• Compounded medications are not FDA-approved. The U.S. Food and Drug Administration (FDA) does not review them for safety, effectiveness, or quality.
• Your Provider decides whether a compounded medication is appropriate for you.

8. Shipping and Delivery

• Where orders ship. Orders ship only to addresses in the United States. They do not ship internationally.
• Timing. Delivery times are estimates and are not guaranteed.
• Your address. Please give us a complete and accurate shipping address. We are not responsible for orders sent to an incorrect address that you provided.
• Problems with your order. If your order is damaged, incorrect, missing items, or never arrives, contact us at Notifications@radivarx.com. We will arrange a replacement or refund where appropriate.

9. Subscription, Pricing, and Payment

9.1 One bundled monthly price. Your plan is billed at one bundled monthly price. The price, billing frequency, and renewal terms for your plan are shown at checkout. The price covers:

• your Provider's evaluation;
• follow-up communication with your Provider, as your Provider considers appropriate;
• any prescription your Provider writes;
• the prescribed medication, when filled by a Pharmacy through the Services; and
• standard shipping.

9.2 Charges. When you check out, you authorize us to charge your payment method for your first billing period.

9.3 Automatic renewal. Unless you cancel, your subscription renews automatically each month, or at another billing cycle if one is shown at checkout. You authorize us to charge your payment method at the start of each billing period. Your subscription continues until you cancel it under Section 10.

9.4 Payment methods. Payments are processed by third-party payment processors.

• You confirm that you are authorized to use the payment method you provide.
• You agree to keep your payment information current.

9.5 Taxes. You are responsible for any applicable taxes, unless they are included in the price shown at checkout.

9.6 Billing questions. If you think we have charged you in error, contact us at Notifications@radivarx.com.

10. Cancellation

• How to cancel. You may cancel your subscription by emailing Notifications@radivarx.com.
• Deadline. To avoid being charged for the next billing period, your cancellation request must reach us at least 72 hours before your next billing date.
• After you cancel. No further renewal charges will be made. An order that has already been packaged for shipment cannot be cancelled. It will be completed and shipped to you.

11. Refunds

11.1 If you are not prescribed treatment. If your Provider reviews your information and decides not to prescribe treatment, we will refund the full amount you paid for that billing period, including the evaluation.

11.2 If you cancel before review begins. If you cancel before a Provider begins reviewing your intake, we will refund the full amount you paid for that billing period.

11.3 If you cancel before your order ships. If your Provider has approved your prescription and you cancel before your order is packaged for shipment, we will refund the medication portion of that billing period's charge.

11.4 After your order ships. Dispensed prescription medications cannot be returned, resold, or refunded once they have left the pharmacy, except as described in Section 11.5.

11.5 Damaged, incorrect, or lost orders. If you report a problem as described in Section 8, we will replace the order or refund it, at our discretion.

11.6 Billing errors. We will refund charges made in error.

11.7 Non-prescription products. If we offer non-prescription products, they are final sale once they ship, unless they arrive damaged or incorrect.

11.8 Your rights under law. Nothing in this Section limits any refund right you have under applicable law.

12. No Insurance; Government Health Programs

• Self-pay only. radivarx and the Providers do not accept or bill health insurance. The Services are self-pay.
• Government health programs. radivarx does not bill Medicare, Medicaid, or any other government health program for the Services. If you are enrolled in one of those programs, you confirm that you are choosing to pay for the Services yourself. You agree not to submit a claim for them to any government health program.

13. Communications and Text Messages

13.1 Electronic communications. You agree that we may provide notices, disclosures, receipts, and other communications electronically. We may send them by email to the address on your account, place them in your account or on the Site, or send them by text message. Electronic communications satisfy any legal requirement that a communication be in writing. Please keep your email address and phone number up to date.

13.2 Service messages. If you give us your phone number, we may text you about your account, orders, shipments, and care.

13.3 Marketing texts. We will send you recurring marketing texts only if you opt in.

• Consent to marketing texts is not a condition of any purchase.
• Message frequency varies, and message and data rates may apply.
• Reply STOP to stop receiving texts, or HELP for help. You can also email Notifications@radivarx.com.
• Wireless carriers are not liable for delayed or undelivered messages.

13.4 Email and calls. By accepting these Terms, you agree to receive operational, transactional, and marketing communications from us by email and voice call.

• Operational and transactional communications include messages about your account, orders, prescriptions, refills, shipments, payments, and care.
• Marketing communications include news about our products and services.

We may contact you at the email address and phone number you give us. You can opt out of marketing at any time by using the unsubscribe link in any marketing email or by emailing Notifications@radivarx.com.

13.5 Unencrypted messages. Text messages and email may not be encrypted.

14. Privacy

14.1 Privacy Policy. Our Privacy Policy explains how we collect, use, and share information.

14.2 Sharing to provide the Services. We share your information with Providers, the Medical Group, Pharmacies, and our service providers as needed to provide the Services.

14.3 Medical records. Records of your care are maintained in accordance with applicable law and our HIPAA Notice of Privacy Practices. You can request your records by contacting us.

14.4 De-identified information. We may create de-identified or aggregated information that does not identify you, and use it for any lawful purpose.

15. Acceptable Use

You agree not to:

• give false or misleading information, or pretend to be someone else;
• use the Services for, or on behalf of, anyone other than yourself;
• use the Services while located outside the United States;
• harass, threaten, or abuse Providers, Pharmacies, or our staff;
• access the Services through bots, scrapers, or other automated means, or reverse engineer any part of them;
• interfere with the Services or their security, or introduce malware; or
• use the Services for any unlawful purpose.

16. Feedback

If you send us ideas or suggestions about the Services, we may use them without any obligation to you.

17. Intellectual Property

The Services are owned by radivarx or its licensors and are protected by intellectual property laws. This includes all content, software, and designs, as well as the radivarx name and logo.

We give you a limited, revocable, non-transferable, non-exclusive license to use the Services for your own personal, non-commercial use under these Terms. You may not copy, modify, distribute, or create works based on the Services without our written permission.

18. Third-Party Services

The Services may link to, or rely on, services offered by others, such as payment processors, shipping carriers, and platforms used by the Medical Group. Those services have their own terms and privacy policies, and we are not responsible for them.

19. Disclaimers

In Sections 19 through 21, "radivarx Parties" means radivarx and its affiliates, and each of their members, managers, officers, employees, agents, licensors, and suppliers.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, THE RADIVARX PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. THIS INCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY TREATMENT WILL PRODUCE ANY PARTICULAR RESULT.

Content on the Site is for general information only and is not medical advice. radivarx makes no warranty about the medical services provided by Providers or the medications dispensed by Pharmacies. Nothing in this Section limits any warranty that cannot be disclaimed under applicable law.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

(a) No indirect damages. THE RADIVARX PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

(b) Cap on total liability. THE RADIVARX PARTIES' TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (i) $100 OR (ii) THE AMOUNTS YOU PAID TO RADIVARX IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

21. Indemnification

You agree to defend, indemnify, and hold harmless the radivarx Parties from and against any claim brought by a third party, and all related losses, damages, liabilities, costs, and reasonable attorneys' fees, that arise out of or relate to:

• (a) your breach of these Terms;
• (b) your unauthorized use of the Services; or
• (c) your violation of any law.

22. Dispute Resolution; Binding Individual Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

22.1 Informal resolution first. Before starting an arbitration, the party with the dispute must send the other a written notice (a "Notice of Dispute"). Send yours to Notifications@radivarx.com. We will send ours to the email address on your account.

You and we will then try in good faith, for 60 days after the Notice of Dispute is received, to resolve the dispute informally.

22.2 Agreement to arbitrate. You and radivarx agree that any dispute, claim, or controversy (a "Dispute") arising out of or relating to any of the following will be resolved by final and binding arbitration on an individual basis, except as provided in Section 22.3:

• these Terms;
• the Site or the Services;
• your account or your information; or
• any other aspect of your relationship or transactions with radivarx.

This includes Disputes that arose before you agreed to these Terms. The Federal Arbitration Act governs this Section 22.

22.3 Exceptions. Either party may:

• (a) bring an individual claim in small-claims court, for as long as it stays there; and
• (b) seek an injunction or other equitable relief in court for infringement or misuse of intellectual property.

22.4 Administrator and rules. The arbitration will be administered by National Arbitration and Mediation ("NAM"). It will follow NAM's Comprehensive Dispute Resolution Rules and Procedures. For Mass Filings, it will also follow NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures. Both are available at www.namadr.com.

22.5 Hearings. Hearings will be held by video or phone unless the arbitrator decides an in-person hearing is necessary.

22.6 Fees. Arbitration fees are governed by NAM's rules. radivarx will pay the fees that NAM's rules assign to the business.

22.7 The arbitrator's authority.

• Relief. The arbitrator may award the same relief a court could award on an individual basis. That relief can only benefit the individual party seeking it, and only to the extent needed for that party's individual claim.
• Who decides questions about this Section. The arbitrator decides all questions about the interpretation, scope, and enforceability of this Section 22. The only exception is disputes about Section 22.8 (Class Action and Jury Trial Waiver), which a court will decide.

22.8 Class action and jury trial waiver. YOU AND RADIVARX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. TO THE EXTENT PERMITTED BY LAW, YOU AND RADIVARX EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

22.9 Mass Filings. A "Mass Filing" occurs when 25 or more similar demands for arbitration are filed against radivarx within 180 days. A Mass Filing will be handled as follows:

• it will be administered under NAM's Mass Filing rules;
• demands will be processed in batches of 25; and
• any statute of limitations for a demand is paused while that demand waits to be processed.

22.10 Your right to opt out. You may opt out of this agreement to arbitrate within 30 days after you first agree to these Terms. To opt out, email Notifications@radivarx.com from the email address on your account, with your name and a statement that you are opting out of arbitration.

22.11 Severability. If the class action waiver in Section 22.8 is found unenforceable for any claim, that claim will be decided by a court and not in a class arbitration.

22.12 Survival. This Section 22 continues to apply after your account is closed or your subscription ends.

23. Governing Law

These Terms are governed by the laws of the State of Wyoming. Section 22 is the one exception: it is governed by the Federal Arbitration Act.

24. Changes to These Terms

We may update these Terms from time to time. When we do, we will post the updated version on the Site with a new "Last updated" date. Changes take effect when posted, unless we say otherwise.

By continuing to use the Services after a change takes effect, you accept the updated Terms. If you do not agree, stop using the Services and cancel your subscription.

25. Termination

• By you. You may stop using the Services and cancel your subscription at any time, as described in Section 10.
• By us. We may suspend or end your access to the Services at any time. Reasons may include:
• you breach these Terms;
• you give false information; or
• we stop offering the Services.
• By your Provider. Your Provider may also stop treating you, consistent with their professional obligations.
• What happens next. Amounts you already owe remain due, and refunds are handled under Section 11.
• What survives. Sections 2, 9 (for amounts owed), 11, and 14 through 26 continue to apply after termination.

26. General Terms

• Entire agreement. These Terms, the Privacy Policy, and any additional terms you accept under Section 1 are the entire agreement between you and radivarx about the Services.
• Severability. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent permitted, and the rest of these Terms will remain in effect.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them, including in connection with a merger, acquisition, or sale of assets.
• Electronic acceptance. Accepting these Terms electronically has the same effect as a handwritten signature.
• Headings. Section headings are for convenience only and do not affect how these Terms are read.

27. Contact Us

Black Ice Capital LLC (doing business as radivarx) 30 N Gould St #63394 Sheridan, WY 82801 Notifications@radivarx.com