Terms of Service

Last Updated: April 28, 2026

These Terms of Service ("Terms") are an agreement between you and Remedy Meds LLC, a Delaware limited liability company, on behalf of itself and its parent(s) and affiliate(s) (the "Company" or "we" or "our") and govern your access to, and use of, our website and content www.remedymeds.com, and any web-based and/or mobile application that require you to create an account in order to use the Services (as such term is hereinafter defined) (collectively, the "Site") or any products for which the Company provides you access to purchase (collectively, "Products"). The Site and Products may collectively be referred to as the "Services" throughout these Terms.

Please read these Terms carefully before accessing and/or using the Site and/or Products.

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH THE COMPANY ON AN INDIVIDUAL BASIS. PLEASE SEE SECTION 13 FOR MORE INFORMATION ABOUT THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION.

1. General

a. Acceptance of Terms. By accessing and/or using the Site and/or Products, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Products.

b. Amendment of Terms. The Company may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site or Products after such posting constitutes your consent to be bound by the Terms, as amended. The Company may also terminate the Services entirely. The Company is not liable for any such modification, suspension, or termination of the Services.

c. Additional Terms. In addition to these Terms, certain products or services may be subject to additional terms, conditions, guidelines or rules which may be posted, communicated or modified by us. Your use of any such products or services is subject to those additional terms and conditions, which are hereby incorporated by reference into these Terms.

d. Privacy. For information related to our privacy practices, please review our Privacy Policy.

e. Availability. The Services are available in all fifty (50) states plus the District of Columbia. The Company is based in the United States. The Services are provided for use only by persons located in the United States. We make no claims or representations that the Services or any material included in the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and you are solely responsible for compliance with local laws, including export laws as applicable.

f. Eligibility. You may only use the Services and purchase Products if you are at least eighteen (18) years of age. By accessing, using and/or submitting information to or through the Services, you represent that you are not younger than age 18.

2. Your Relationship with the Company

a. The Company, on its own behalf and on behalf of one or more professional corporations incorporated, formed or authorized in one or more states and for which the Company provides administrative services, including but not limited to OpenLoop Healthcare Partners, PC and its affiliates, JMP Medical, P.A. and its affiliates, and KMG Medical Group MO, P.C. and its affiliates (collectively, the "Professional Entities"), makes certain information available to you regarding remote weight loss treatment programs and facilitates your access to telemedicine and expert medical services provided by the Professional Entities. Our Privacy Policy details how we may use, share and maintain any information that you provide to us or to the Professional Entities. The Company's role is limited to making such information available to you and/or facilitating your access to the Services, on behalf of the Professional Entities. The Company is independent from the Professional Entities and the healthcare providers that may provide you with telehealth services through the Professional Entities. The Company is not responsible for the Professional Entities' acts, omissions or for any content of the communications made by them to you. The Company does not engage in the practice of medicine or provide any other health services.

b. The Company itself does not offer any diagnosis or treatment. ALL INFORMATION PROVIDED ON THIS SITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY THE COMPANY IS INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY AND IS IN NO WAY INTENDED TO CREATE A PROVIDER-PATIENT RELATIONSHIP OR SUPPLANT OR REPLACE YOUR EXISTING PROVIDER-PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. USE OF THE SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT AND RELIANCE ON ANY INFORMATION PROVIDED BY THE COMPANY IS SOLELY AT YOUR OWN RISK.

c. For the avoidance of doubt, the Company provides administrative, operational, and technology services only. Clinical services (including medical evaluation, diagnosis, treatment decisions, and prescribing) are provided solely by licensed clinicians through the Professional Entities. The Company does not practice medicine or pharmacy and does not direct or control clinicians' clinical judgment. Any "care team," support staff, or customer services agents made available by the Company are non-clinical customer support and cannot provide medical advice, diagnosis, or treatment recommendations. If you have medical questions or concerns, you should contact a licensed clinician through the Professional Entities or seek in-person medical care. Individual results vary. The Company does not guarantee any particular clinical outcome (including any particular amount or rate of weight loss) and does not guarantee that a prescription will be issued.

3. Consent to Telehealth Services

a. Telehealth allows healthcare providers to assess and treat patients remotely using technology. Healthcare services via telehealth may offer potential benefits, but there are also potential risks. To use the Services you must consent to treatment via telehealth. Please see the Telehealth Consent. The Telehealth Consent is hereby incorporated into these Terms of Service by reference and constitute a part of these Terms of Service.

4. Use of the Services

a. Our Content. The Services are owned and operated by the Company and its licensors. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), or any music, images, video, text, services, and all other material or elements of or available through the Site ("Content") are protected by the copyright, trade dress, patent, and trademark laws of the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Content contained on the Site is the copyrighted property of the Company or its third-party licensors. Any trademarks, service marks, and trade names are proprietary to the Company or its third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Except as expressly authorized by the Company, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content and may only access the Content for your personal, non-commercial use. In the event that Content is downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Content. All rights not expressly granted in these Terms are reserved by the Company.

b. Electronic Communications. You expressly consent to receipt of electronic communications from the Company through posts on the Services and via the phone number and email you provided. All agreements, notices, disclosures, authorizations, verifications, confirmations, or other electronic communications the Company provides according to this paragraph satisfy any legal requirement for written communication.

5. Membership and Cancellation

a. Your membership with the Company Weight Loss Program ("Program Membership"), including your ability to access the Services, will commence when you have completed the Company's proprietary intake form, at which time you will be charged the upfront payment for the first subscription term described at checkout (the initial Program Membership Fee, as defined and explained in Section 5(b) below). We will subsequently collect additional personal and medical details to enable clinicians associated with the Professional Entities to conduct your consultation and make a treatment decision. The Program includes:

Unlimited access to the Remedy Meds online community and resources; unlimited consultations with a licensed clinician (note: after the initial synchronous clinician review, subsequent refill review consultations may occur asynchronously unless you request, or a clinician requires, based on information reported in your refill form, a synchronous session); a prescription for compounded GLP-1 medication, if deemed eligible by the clinician; and compounded medication equivalent to four weeks of supply, shipped to your home upon your completion of the required monthly refill form (required every three months for microdosing), which we send to collect information about treatment progress and tolerance approximately 3 weeks after your prior fill (the "Program").

By enrolling in the Program, you acknowledge and agree that your Program Membership Fee is inclusive of both medication shipments and ongoing access to licensed clinicians and the Remedy Meds platform, and that your subscription and charges will continue even if you do not complete the refill form and do not receive a medication shipment in a given period.

The Company is cash pay only and the Company does not accept insurance.

In certain cases, you or your clinician associated with the Professional Entities may request that you complete services (e.g., medical consults or laboratory testing) not included in the Program Membership. In particular, upon reviewing your intake form, your clinician may require other steps, such as providing supplemental personal or medical information, to finalize and approve your Program Membership.

In some cases, a clinician may determine a different product is appropriate for you rather than what you originally selected. Unless you cancel your subscription, your continued enrollment constitutes your consent to receive the clinician-recommended product. Your subscription and the Program Membership Fee charges will continue regardless of any change in product, as your Program Membership Fee covers ongoing access to licensed clinicians and the Remedy Meds platform.

The Program Membership Fee may change from time to time. You will be given thirty (30) days' notice of any such change. You may accept the revised Program Membership Fee by continuing your Program Membership into a new subscription term or reject it by terminating your Program Membership.

b. Payment of Program Membership Fee. You will have an opportunity to review and agree to the cost of the Program Membership, which is billed upfront for the entire subscription term (the "Program Membership Fee"), during the enrollment process. The Subscription Term and the corresponding Program Membership Fee will be as described at checkout. Once you begin participation in the Program, your Program Membership Fee for the entire subscription term will be charged to your Payment Method (as defined in Section 5(e) below) on file with the Company. The initial payment must be made the day you enroll in the Program. Generally, your payment method will be automatically charged for the next subscription term's Program Membership Fee on a recurring basis on the renewal date (the day immediately following the end of your current subscription term) (the "Renewal Date"), until you cancel your Membership. Subsequent billing and/or shipment may occur up to ten (10) days early to prevent treatment gaps. Except as expressly stated at checkout for the initial payment, in the event medication is not prescribed after your initial consultation, once paid, your Program Membership Fee is non-refundable.

c. Cancellation. Your Program Membership is for the subscription term as described at checkout and paid for upfront and periodically thereafter. You may cancel your Program Membership at any time before the Renewal Date, in which case your membership and access to the Services will continue until the end of the current subscription term, and you will not be charged for the next subscription term. If you wish to prevent automatic renewal for the subsequent subscription term, you must notify the Company of your intent to cancel (non-renew) your Program Membership at least forty eight (48) hours prior to the end of the current subscription term.

Because the Program Membership is non-refundable (as stated in Section 5(b)), no refunds, partial or otherwise, will be issued if you cancel before the end of your current subscription term. You will continue to receive Services until the end of that paid term.

You may elect to reinstate your Membership in the Program by logging into the member portal and electing to reinstate your membership. By electing to reinstate your Membership, you accept and agree to be bound by the Terms in effect as of the date of such election.

d. Effect of Program Membership Cancellation. When you cancel, so long as it is at least forty eight (48) hours before the Renewal Date, you will not be charged any additional monthly Program Membership Fee payments. You will receive the Services through the last day of the subscription term for which you have paid the Program Membership Fee. Thereafter, you will not be eligible to receive any Services, including prescriptions from your clinician associated with the Professional Entities.

e. Payment for Program Membership Fees. When being charged for the Program Membership Fees, you will need to provide a credit card or other payment method accepted by the Company ("Payment Method"). You are expressly agreeing that the Company is authorized to charge to the Payment Method any Program Membership Fees, together with any applicable taxes.

You agree that authorization to charge your Payment Method remains in effect until you cancel in accordance with these Terms, and you agree to notify the Company of any changes to your Payment Method. All payments are processed by a third party processor. You certify that you are an authorized user of the Payment Method and will not dispute charges made by the Company. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, the Company may at its discretion attempt to process the charge again at any time within 30 days. The terms and conditions and privacy notice of our third-party payment processor will govern with regard to any financial transaction.

No representation, warranty, or guarantee of continued availability of the Program. NEITHER THE COMPANY NOR THE PROFESSIONAL ENTITIES MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE CONTINUED AVAILABILITY OF THE PROGRAM. THE PROGRAM MAY BE DISCONTINUED AT ANY TIME AT THE SOLE DISCRETION OF THE COMPANY. IF FEASIBLE, YOU WILL BE GIVEN ADVANCED NOTICE OF ANY SUCH DISCONTINUATION SO THAT YOU MAY FIND A LOCAL PROVIDER WITH WHOM TO CONTINUE TREATMENT.

f. Product Orders. The Company cannot guarantee the availability of any specific Product displayed on the Site. The Company reserves the right to discontinue the sale of any Product listed on the Site at any time without notice. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any state and local sales or use taxes that may apply to your orders.

g. Termination for Non-Payment. Your Program Membership will be terminated by the Company if we are unable to bill your selected method of payment and you fail to provide an alternative Payment Method.

h. Weight Loss Warranty

We offer a full refund of all Program Membership Fees paid during the twelve (12) month period following your enrollment if, after remaining continuously enrolled in the Program for twelve (12) consecutive months and submitting refill forms and receiving and taking your prescribed medication as directed for twelve (12) consecutive months, you do not achieve the goal weight you designated on the proprietary intake form at the time of enrollment (the "Goal Weight"). This warranty applies only to customers prescribed and receiving standard-dose compounded semaglutide or compounded tirzepatide through the Program. It does not apply to customers who are prescribed or receiving any commercial or brand-name GLP-1 medication (such as Ozempic®, Wegovy®, Mounjaro®, or Zepbound®), or to customers who are on a microdosing protocol at any point during the twelve (12) month warranty period. This warranty applies regardless of the subscription format under which you are enrolled—whether monthly, or a 3-month, 6-month, or 12-month bundle—provided you maintain continuous enrollment for the full twelve (12) month warranty period. The warranty is not prorated: no refund will be issued without twelve (12) full consecutive months of enrollment, regardless of the amount of weight lost or the duration of participation.

i. Qualifications

To qualify for the Weight Loss Warranty, you must satisfy all of the following conditions:

  1. New Customer & Accurate Enrollment Data. You must be a new customer who completed the initial intake assessment form with accurate weight reporting and designated a Goal Weight at the time of enrollment.
  2. Continuous Enrollment for 12 Months. You must have remained continuously enrolled in the Program for the full twelve (12) consecutive months following your enrollment date, regardless of your subscription format (monthly, 3-month, 6-month, or 12-month bundle). Any lapse, cancellation, or gap in enrollment during that period—for any reason, including any subscription pause—will void this warranty. If you enrolled on a monthly basis, you must have renewed each month without interruption for the full twelve (12) month period. If you enrolled in a 3-month or 6-month bundle, you must have renewed into a subsequent term without any lapse so that your total continuous enrollment equals at least twelve (12) months.
  3. Eligible Medication. You must have been prescribed and receiving standard-dose compounded semaglutide or compounded tirzepatide through the Program for the entire twelve (12) month period. This warranty is automatically voided if, at any point during the twelve (12) month period, you: (a) are switched to or are prescribed a commercial or brand-name GLP-1 medication (including but not limited to Ozempic®, Wegovy®, Mounjaro®, or Zepbound®); or (b) are placed on or elect to follow a microdosing protocol.
  4. Medication Shipments. You must have filled out the refill form and received a shipment of your prescribed compounded medication every twenty-eight (28) days throughout the twelve (12) month period, for a total of thirteen (13) shipments. Shipments must have been received on a consistent, uninterrupted basis. Any gap in shipments not attributable to the Company, or any failure to complete the required monthly refill form that results in a delayed or missed shipment, will void this warranty.
  5. Adherence to Prescriber Instructions. You must have followed your clinician's instructions throughout the twelve (12) month period, including dosing schedules and any clinical guidance provided by a clinician affiliated with the Professional Entities.
  6. No Outside Weight Loss Medications. You must not have been prescribed or used any weight loss medications other than those prescribed through the Program during the twelve (12) month period prior to enrollment in the Program.
  7. Goal Weight Limitations. Your Goal Weight may not result in a body mass index (BMI) below 18.5 at any point during the Program. If your BMI reaches or falls below 18.5 at any time during the twelve (12) month period, this warranty is automatically voided. Additionally, your Goal Weight may not reflect a reduction exceeding twenty percent (20%) of your starting body weight as recorded on your initial intake form.
  8. Timely Claim Submission. You must submit your warranty refund claim within thirty-five (35) days following the date of shipment of your thirteenth (13th) medication shipment. Claims submitted after this deadline will not be eligible for a refund.

ii. Verification Methods

To initiate a warranty refund claim, you must email us at support@remedymeds.com within the claim window described in Section h(i)(8) above, and indicate which of the following verification options you will use. If you select Option 2, we will provide a unique 5-character code for use in your video submission as described below.

  1. Option 1: Licensed Healthcare Provider Attestation

    • Procedure: Schedule a consultation with a licensed healthcare provider who will verify your current weight.
    • Requirements: The provider must be a licensed physician or other qualified healthcare professional. The provider must supply written attestation confirming your current weight, the percentage of body weight lost during the twelve (12) month Program period (based on the starting weight you provide upon enrollment), and the date on which the weight was measured.
    • Submission: The attestation must be submitted to support@remedymeds.com within fourteen (14) days of sending your refund claim email.

  2. Option 2: Self-Recorded Video

    • Procedure: Record a video of yourself stepping onto a scale, clearly showing the weight reading.
    • Requirements: The scale must be properly calibrated and the weight reading must be clearly visible. The video must be recorded in a well-lit area with an unobstructed view of the scale display. After stepping on the scale, you must clearly and audibly recite the 5-character code provided by support@remedymeds.com. The video must be no longer than thirty (30) seconds.
    • Submission: The video must be submitted to support@remedymeds.com within twenty-four (24) hours of receiving the 5-character code.

iii. Verification Process

  1. Review. All submissions will be reviewed by our team to confirm compliance with the verification requirements set forth above.
  2. Approval. Refund eligibility will be determined based on the accuracy and authenticity of the submitted verification materials. We will not begin evaluation until all required materials under Option 1 or Option 2 (as applicable) have been received. The final eligibility determination is made at the sole discretion of the Company.

iv. Additional Conditions

  1. Refund Amount. Approved refunds will equal the total Program Membership Fees paid by you during the twelve (12) month warranty period, regardless of your subscription format. For example, if you enrolled through a combination of monthly and bundle subscriptions over the twelve (12) month period, the refund will cover all Program Membership Fees paid across those terms. Incidental costs—including any costs associated with obtaining a medical attestation under Option 1—are not included in the refund and will not be reimbursed.
  2. Refund Processing. Approved refunds will be processed within thirty (30) days of verification approval and will be credited to your original payment method.
  3. No Prorated Refunds. Refunds under this warranty are available only upon completion of a full twelve (12) months of continuous enrollment. No partial or prorated refunds will be issued under this warranty for any reason, including cancellation or disenrollment prior to the end of the twelve (12) month period.
  4. Terms of Participation. By enrolling in the Program and designating a Goal Weight, you agree to these warranty terms and acknowledge that continuous enrollment, consistent medication shipment receipt, adherence to the Program, accurate reporting, and timely claim submission are essential conditions of eligibility.
  5. Changes to Warranty Terms. We reserve the right to update the terms of this warranty at any time. Any changes will be communicated through our platform and will apply to all future warranty claims. Changes will not apply retroactively to customers already enrolled in an active twelve (12) month warranty period at the time the change is made.

6. Accuracy and Security Obligations

a. Security. You are responsible for your access to and use of the Services, including all financial transactions. You agree to immediately notify the Company of any breach of security that may occur through your access or use of the Services and to prevent its further occurrence. If you become aware that someone may be impersonating or attempting to impersonate you in using the Services or processing any financial transactions through the Services, you should contact us immediately.

b. Accuracy of Personal Information. You represent and warrant that all personal and medical information provided to the Company through the Site is current, accurate, complete and truthful, including all initial or updated registration information, such as the legal name, street address, email address, telephone number, date of birth, and financial transaction account information. You further represent and warrant that you are an authorized account holder of any financial transaction account which you provide to the Company through the Site.

7. Prohibited Conduct

Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:

a. Harass, threaten, stalk, disrupt or defraud users, members or staff of the Company or the Professional Entities or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;

b. Act in a deceptive or fraudulent manner by, among other things, impersonating another person;

c. Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Services;

d. Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights or notices from any portion of the Site;

e. Upload material (i.e., virus) that is damaging to computer systems or data of the Company or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Site;

f. Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;

g. Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;

h. Decompile, reverse engineer or disassemble the Site, in whole or in part, except as may be permitted by applicable law;

i. Link to, mirror or frame any portion of the Site;

j. Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;

k. Attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;

l. Make unsolicited offers, advertisements, proposals, or send junk mail or "spam" to users;

m. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;

n. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;

o. Modify the Site in any manner or form, or use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;

p. Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site; or

q. Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms.

The Company reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion.

8. Third Party Sites

The Site may include links or access to other web sites or services ("Linked Sites") solely as a convenience to users. The Company does not endorse any such Linked Sites, or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, the Company makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, CONTENT, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK. We strongly encourage you to review any separate terms of use and privacy notices governing use of these Linked Sites.

9. Data Retention

The Company may retain your information for (1) as long as it believes necessary; (2) as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce agreements; or (3) as long as needed to provide the Services. The Company may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by the Company or as required by law. Please see the Privacy Policy for additional information about how your data will be handled by the Company.

10. Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THESE TERMS. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SERVICES IN BREACH OF THESE TERMS.

11. Disclaimer of Warranties

a. THE COMPANY IS NOT A PROVIDER OF MEDICAL TREATMENT, AND THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT: (A) THE SERVICES DO NOT CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE, DIAGNOSES, OR OPINIONS; AND (B) THE SERVICES ARE NOT INTENDED TO REPLACE OR BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING YOUR MEDICAL OR OTHER HEALTH CONDITION.

b. YOU ARE ACCESSING THE SERVICES ON AN "AS IS, WHERE IS, AND AS AVAILABLE" BASIS. THE COMPANY IS NOT RESPONSIBLE FOR PROBLEMS ARISING FROM, OR INADEQUACIES IN THE CONTENT OF THE SERVICES OR ANY PARTICULAR FEATURES OR SERVICES OFFERED. THE COMPANY DOES NOT REPRESENT OR WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION, MATERIALS, AND SERVICES ON THE SERVICES OR THE ERROR-FREE USE OF THE SERVICES. THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM ACCESS TO OR USE OF THE SERVICES. THE COMPANY IS PROVIDING THE SERVICES WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM A COMPUTER VIRUS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

c. For California Residents. IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST RELEASED PARTIES.

12. Limitation of Liability

a. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

b. THE COMPANY'S LIABILITY TO YOU IS LIMITED TO $50 OR THE AMOUNTS, IF ANY, PAID BY YOU TO THE COMPANY UNDER THESE TERMS IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS MORE. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13. Arbitration Agreement with Class Action Waiver

PLEASE READ THE FOLLOWING CAREFULLY:

We endeavor to resolve customer concerns as quickly as possible. Please contact the Company at support@remedymeds.com to resolve any dispute with the Company.

In the unlikely event that you're not satisfied with solutions provided by the Company's customer support team, and you and the Company are unable to resolve a dispute through the Informal Dispute Resolution Procedures below, we each agree to resolve the dispute through binding arbitration or small claims court.

Any arbitration under this Arbitration Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. In arbitration you may be entitled to recover attorneys' fees from us to the same extent as you would be in court.

a. Claims subject to Arbitration. Any dispute, claim or controversy between you and the Company that arises from or relates in any way to these Terms (including any alleged breach thereof), the Services, or the Company's relationship with you (collectively, "Dispute") shall be exclusively resolved through binding individual arbitration except as specifically provided otherwise herein. "Dispute" as used in this section shall have the broadest possible meaning and include claims that arose before the existence of these Terms (or any prior agreement or terms).

YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT AS SET FORTH BELOW). YOU AND THE COMPANY EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.

Notwithstanding the foregoing, either you or the Company may elect to have an individual claim heard in small claims court having jurisdiction over the claim. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies.

To the fullest extent permitted by applicable law, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court determines that applicable law precludes enforcement of any limitation in this Agreement on a claim for, or request for, non-individualized public injunctive relief, then such claim or request for relief (and only that claim or request) will be decided by a court of competent jurisdiction after all other arbitrable claims and requests for relief are arbitrated.

The foregoing shall not preclude the Company from seeking injunctive relief in any court of competent jurisdiction located in other countries and jurisdictions for protection of the Company's intellectual property.

All other claims remain subject to this Arbitration Agreement. For purposes of this Arbitration Agreement, "Company Parties" means the Company's parents, subsidiaries, affiliates, predecessors, successors, assigns, and each of their respective officers, directors, employees, agents, representatives, contractors, and service providers. You and the Company agree that this Arbitration Agreement, including the class and jury trial waivers, is intended to benefit and be enforceable by the Company Parties, who are express third-party beneficiaries of this Arbitration Agreement. This Arbitration Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of the Terms.

b. Mandatory Pre-Arbitration Notice Requirements and Informal Dispute Resolution Procedures. Before initiating arbitration or a small claims action, a party who intends to initiate arbitration must first send to the other a written Notice of Dispute ("Notice"). A Notice from you to the Company must be emailed to legal@remedymeds.com (the "Notice Address").

Any Notice must include: (a) the claimant's name, current address, and email address; (b) the email address and phone number associated with the claimant's account; (c) sufficient information to identify any relevant transaction(s) or subscription term(s); (d) a description of the nature and basis of the claim or dispute; and (e) the specific relief sought, including a good-faith calculation of any claimed damages. The Notice must be individualized, meaning it can concern only your dispute and no other person's dispute.

If the Company believes a Notice is missing required information, the Company will notify you within fourteen (14) days of receipt and will identify the missing information. If you provide the missing information within thirty (30) days of that notice, the Notice will be treated as completed as of the date the Company received the initial Notice.

After receipt of a completed Notice, the parties will engage in good-faith efforts to resolve the dispute for sixty (60) days (which may be extended by agreement). You and we agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). If we and you do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules). Participation in a good-faith settlement conference as described above is a mandatory precondition to initiating arbitration. Neither party may commence arbitration unless and until such conference has occurred.

For the avoidance of doubt, compliance with the Mandatory Pre-Arbitration Notice Requirements and Informal Dispute Resolution Procedures set forth within this Section 13(b) is a condition precedent to initiating arbitration, and no party may commence arbitration unless and until such procedures have been completed. Any applicable statute of limitations and filing deadlines are tolled while the parties engage in the informal dispute resolution procedures set forth in this section. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures set forth in this Arbitration Agreement. If the arbitration is already pending, it shall be administratively closed. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.

A court of competent jurisdiction shall have authority to enforce the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures (as set forth in this section) and the Additional Procedures for Mass Arbitrations (as set forth in Section 13(g)), including by staying or enjoining the filing, prosecution, or administration of arbitrations, or the assessment or collection of arbitration fees, in a manner inconsistent with those provisions, to the extent permitted by law.

c. Administration of Arbitration Proceedings. Any arbitration will be administered by JAMS. The arbitration will be governed by JAMS' applicable rules, including the JAMS Streamlined Arbitration Rules & Procedures and, as applicable, the JAMS Comprehensive Arbitration Rules & Procedures ("JAMS Rules"), as modified by this agreement. JAMS' Rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. You may obtain a form to initiate arbitration at: https://www.jamsadr.com/submit or by contacting JAMS. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.

You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced in Section 13(b) and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented).

As in court, you and we agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose.

The arbitrator is authorized to impose any sanctions under the JAMS Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.

Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys' fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

d. Arbitration Fees. Where the arbitration involves an individual consumer, the JAMS Consumer Arbitration Minimum Standards of Procedural Fairness ("Consumer Minimum Standards") will apply to the extent applicable, except as modified by this agreement. If the Consumer Minimum Standards apply and you initiate arbitration, you will pay no more than the consumer filing fee specified in the Consumer Minimum Standards, and the Company will pay all other JAMS filing fees, case management fees, and arbitrator professional fees required by those standards (subject to any fee-shifting permitted by applicable law or an arbitrator's award for frivolous or improper claims). If the Company initiates arbitration against you, the Company will pay the costs of arbitration consistent with the Consumer Minimum Standards. The arbitration will be seated in New York County, New York, but may be conducted by telephone, video, based on written submissions, or in person.

Disputes involving claims and counterclaims under $250,000 (not inclusive of attorneys' fees and interest) shall be subject to JAMS' most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS' most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensivearbitration/.

The payment of arbitration fees (the fees imposed by JAMS, including filing, case management, arbitrator, and hearing fees) will be governed by the JAMS Rules and the JAMS Consumer Arbitration Minimum Standards. If, after any available fee-waiver process, the arbitrator determines that arbitration fees would be cost-prohibitive for you as compared to litigation in court, the Company will pay the arbitration fees to the extent necessary to prevent the arbitration from being cost-prohibitive (unless the arbitrator determines the claim was frivolous or brought for an improper purpose). Each party will bear its own attorneys' fees unless a fee-shifting statute or an arbitrator award provides otherwise.

e. Delegation. The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable, and this is intended to be a clear and unmistakable delegation of such issues to the arbitrator.

Notwithstanding the foregoing, and consistent with Section 13(b), a court of competent jurisdiction may decide (i) whether the Mandatory Pre-Arbitration Notice Requirements and Informal Dispute Resolution Procedures have been satisfied and (ii) whether any "Additional Procedures for Mass Arbitrations" apply, and may enforce those procedures—including by staying or enjoining the filing, prosecution, or administration of arbitrations filed without compliance and/or the assessment or collection of arbitration fees associated with non-compliant filings—to the extent permitted by law.

f. Your Right to Opt-Out. You may opt out of this arbitration provision within 30 days of the date you first affirmatively accept these Terms (e.g., by creating an account or completing a purchase where you are presented with and agree to these Terms). To opt out, you must send your name, residence address, the email address and phone number associated with your account (and a clear statement that you want to opt out of this arbitration agreement) to legal@remedymeds.com.

g. Additional Procedures for Mass Arbitration. If, at any time, 25 or more claimants (including you) submit Notices or seek to file demands for arbitration ("Demands") asserting similar claims against the other party or its related entities, where such Demands are filed by the same or coordinated counsel and arise out of substantially similar facts and legal theories (a "Mass Arbitration"), you and we agree that the additional procedures set forth below shall apply. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Arbitration. The parties acknowledge and agree that by electing to participate in a Mass Arbitration, the adjudication of their dispute might be delayed. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are initiated, so long as the pre-arbitration Notice complies with the requirements in Section 13(b), until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

For any Mass Arbitration administered by JAMS, the parties agree that the JAMS Mass Arbitration Procedures and Guidelines and the JAMS Mass Arbitration Procedures Fee Schedule (collectively, the "JAMS Mass Arbitration Procedures") apply, and the parties specify twenty-five (25) as the number of similar Demands required to constitute a "Mass Arbitration" for purposes of those procedures. To the extent permitted by the JAMS Mass Arbitration Procedures and any determinations of the Process Administrator, the parties agree that Demands in a Mass Arbitration will proceed in stages:

Stage One: Counsel for the claimants and counsel for the Company shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and the Company shall pay the mediator's fee.

Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for the Company shall each select 50 claims per side (100 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and the Company shall pay the mediator's fee.

Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for the Company shall each select 100 claims per side (200 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge.

If your claim is not resolved as part of the staged process identified above, either:

Option One: You and the Company may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with the Agreement. You may opt out of arbitration by providing your individual, personally signed notice of your intention to opt out by sending the Company an email to legal@remedymeds.com. Such an opt-out email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. The Company may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within 14 days after the expiration of your 30 day opt out period. Counsel for the parties may agree to adjust these deadlines.

OR

Option Two: If neither you nor the Company elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with JAMS (including through a Procedural Arbitrator) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.

A court of competent jurisdiction shall have the authority to enforce these Mass Arbitration provisions and, if necessary, to enjoin the Mass Arbitration, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your claim, and a court of competent jurisdiction determines that they are not enforceable as to your claim, then your claim shall proceed in a court of competent jurisdiction consistent with this Agreement.

You and the Company agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and the Company acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Arbitration procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.

Each Demand in a Mass Arbitration is an individual dispute between the claimant and the Company (and/or any Company Party). No arbitration ruling, award, or decision will have precedential, preclusive, or binding effect in any arbitration involving a different claimant.

h. Severability. If a court of competent jurisdiction determines that any portion of these Additional Procedures for Mass Arbitration is unenforceable, the parties agree that the remainder of this arbitration provision will be enforced to the fullest extent permitted by law, and the Demands in the Mass Arbitration will proceed as individual arbitrations under the JAMS Rules (and, if applicable, the JAMS Mass Arbitration Procedures) consistent with that court's ruling.

14. Class Action Waiver and Jury Trial Waiver

a. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE; AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection's limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the state or federal courts located in New York County, New York. All other claims shall be arbitrated.

b. YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company are instead electing that all claims and disputes shall be resolved by arbitration under these Terms, except as expressly provided otherwise. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

15. Miscellaneous

a. Waiver and Severability. To the extent that a court of competent jurisdiction determines any part of the terms and conditions in these Terms to be invalid or unenforceable, that part will be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of these Terms will remain in full force and effect. The Company's failure to exercise or enforce a legal right, remedy or benefit which is contained in these Terms or any applicable law does not constitute waiver of its right to do so later.

b. Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of New York, without regard to conflict of law provisions, consistent with the Federal Arbitration Act (to the extent permitted by applicable law). If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States), the dispute shall be exclusively brought in state or federal court located in New York County, New York.

c. Assignment. We may assign our rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns, and licensees. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under these Terms, nor delegate your duties hereunder to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of these Terms.