Terms and Conditions:

Last updated: July 1, 2024

BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE (AS DEFINED BELOW) OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE OF THESE TERMS AND CONDITIONS ON YOUR BEHALF.

ARBITRATION NOTICE: UNLESS YOU TIMELY OPT OUT OF ARBITRATION IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND THE HEALTHCARE PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.

Introduction

This Terms and Conditions ("Agreement") is a legal contract between the customer ("Customer" or "You") and by LipozeneRx, LLC (and its affiliates, collectively "LipoRx"). The terms and conditions of this Agreement are subject to change without prior notice, except that the terms and conditions posted on the website at the time the Customer initially places or modifies an order will govern the order in question.

Acceptance of Terms and Conditions: By accessing the website, using any part of it, or engaging with any content, products, or services offered through the website or by LipozeneRx, the customer agrees to be bound by this agreement. This also includes using any affiliated websites, software, or applications owned, used, or operated by LipoRx, collectively referred to as the "Service." This Agreement governs the use of the Service.

Age Requirement: You must be 18 years or older to agree to these Terms and Conditions and use this Service. If under 18, do not use this Service. We reserve the right to terminate any accounts used by minors.

Product and Service Details

Description of Services: The products and services are designed to ensure uninterrupted treatment through our subscription plan. Your payment method will be charged automatically at monthly intervals. This arrangement continues until you decide to cancel your subscription. To avoid any interruption in your treatment, your first renewal charge may occur slightly ahead of schedule. Additionally, for operational reasons such as holidays or ensuring uninterrupted service, your subscription shipments might be dispatched up to two (2) days in advance. LipoRx reserves the right to occasionally contact you to update your information and support your ongoing treatment needs.

Availability: Our Services are currently only available to individuals located in certain states. You will be provided with notice of such limitations on availability of certain Services in your location when using those parts of the Services. See also FAQs.

LipoRX is based in the United States. We provide the Services 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.

Cancellation Policy: You can cancel your subscription anytime, offering maximum flexibility. To cancel, you can either email customerservice@lipozenerx.com, or call us at 1-888-773-9585. Your cancellation will take effect at the end of the current billing cycle. Please note that subscriptions automatically renew for additional periods unless you cancel at least two business (2) days before your next scheduled renewal date. While refunds for partially used periods are not typically provided, we may consider exceptions on a case-by-case basis at our discretion. Be informed that subscription plans and pricing may change, but we will notify you well in advance of any changes to your plan or pricing.

Consent to Use of Telehealth Services: Telehealth refers to the delivery of healthcare services through electronic communications, information technology, or other means. It facilitates a connection between healthcare providers or mental health professionals and patients who are not in the same physical location. Telehealth can provide various potential benefits but also carries inherent risks. It is important to note that telehealth services do not replace in-person care in every situation.

Before using the Service, you must review and accept an informed consent document regarding telehealth use ("Consent to Telehealth"), which will be available through the Service. By agreeing to this Consent to Telehealth, you acknowledge that LipoRx is considered a third-party beneficiary with the right to enforce this consent against you.

Privacy Policy: LipoRx understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we may collect, use, and disclose your personal information.

Protected Health Information: When you set up an account with LipoRx, you are creating a direct customer relationship with LipoRx that enables you to utilize the various functions as a user. As part of that relationship, you provide information to LipoRx, including but not limited to your name, email address, shipping address, and phone number, that we may collect, use, and disclose in accordance with our Privacy Policy, and that we do not consider to be “health” or “medical” information.

However, you may also provide specific medical information that may be protected under applicable laws. LipoRx is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, "HIPAA").One or more of the pharmacies or healthcare professionals may or may not be a “covered entity” or “business associate” under HIPAA, and LipoRx may, in some cases, be a “business associate” of a pharmacy or healthcare professional. It is important to remember that while state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because there is health information involved. HIPAA may not apply to your transactions or communications with LipoRx, healthcare providers, or pharmacies. To the extent LipoRx is deemed a “business associate,” however, and solely in its role as a business associate, LipoRx may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the pharmacies, or healthcare professionals ("PHI"). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, "Protected Information"), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.

By using the Service, you agree that even if HIPAA does apply to LipoRx, the healthcare providers, or the pharmacies, any information that you submit to LipoRx that is not intended and used solely for the provision of diagnosis and treatment by the healthcare professional or prescription fulfillment by the pharmacies, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.

Prescription Products: These products require a valid prescription from a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a questionnaire, a licensed healthcare provider has determined the product is appropriate for you, and the licensed healthcare provider has written a prescription.

Upon approval, the prescription product is shipped to you by the applicable pharmacy, and the costs associated with the prescription are included in the total charged to you by LipoRx.

After 90 days, a new prescription will be required for any new order of the prescription product. This ensures that your healthcare needs and the appropriateness of the prescription continue to be adequately addressed. Your healthcare provider will follow up directly with you to determine if a new prescription is approved. This process is in place to ensure your ongoing safety and the efficacy of the prescription product in meeting your healthcare needs.

Medical Service Disclaimer: LipoRx does not provide medical services, but connects you with an independent licensed healthcare provider who will prescribe medication if appropriate for you.

Your Relationship with Us

We make available to individuals who utilize our Service certain products and services sold or offered by LipoRx or third-party medical providers, pharmacies, or other vendors via our Service. Our Service provides access to prescription fulfillment services offered by the following pharmacies: GeneficRx:2577 Mall Road, Suite B, Florence, AL 35630, Pharmacy Innovations: 2535 Johns Place, Jamestown, NY 14701 (the "Pharmacies"). You agree and understand that your prescription(s) may be filled by and transferred between any of the Pharmacies, and you agree that the Service may do so on your behalf. We may also provide you with access to one or more of the following medical groups who provide healthcare through the Platform (the "Medical Groups"): LocumTele and/or Joseph M. Palumbo, D.O. These medical groups employ or contract with physicians who offer certain healthcare through the Platform ("Providers"). By accepting this Agreement, you acknowledge and agree that any services you receive from the Pharmacies, Medical Groups, or Providers through the Platform are also subject to this Agreement and that the Pharmacies, Medical Groups, and Providers are third-party beneficiaries of this Agreement.

We do not control or interfere with the practice of medicine by the Medical Groups or any Providers, each of whom is solely responsible for directing the medical care and/or treatment they provide to you. By accepting this Agreement, you acknowledge and agree that LipoRx is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other healthcare provider-patient relationship with LipoRx. By using the Service, however, you may enter into a doctor-patient or other health care provider-patient relationship with the Medical Group and/or one or more Providers. Further, we do not control or interfere with any professional service provided by the Pharmacies, each of which is solely responsible for their provision of professional services rendered via the Service.

By accepting this Agreement, you acknowledge and agree that the Medical Group and/or Providers may send you messages, reports, and emails via the Service regarding your diagnosis and/or treatment. You understand and agree that LipoRx is not responsible for the security or privacy of communications services you use to receive the aforementioned messages, reports, and emails sent via the Service. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither LipoRx nor the Medical Group nor any Provider will be responsible in any way, and you will not hold LipoRx, the Medical Group or any Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Medical Group or your Provider(s).

While you are not establishing a doctor-patient or other health care provider-patient relationship with LipoRx, by using the Service, you are establishing a direct customer relationship with LipoRx to use the Service, including the purchase of any non-prescription products or non-medical services sold directly to you by LipoRx via the Service. In connection with such a relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy

Pricing and Information Disclaimer: All pricing is subject to change. LipoRx reserves the right to adjust prices, products, and offers due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances.

Payment Terms: Credit card payments are processed instantly online and will only be charged if the healthcare provider approves the prescription.

Orders; Payment Terms; Interest; Taxes: Terms of payment are within LipoRx’s sole discretion, and unless otherwise agreed to by LipoRx, payment must be received before LipoRx accepts an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by LipoRx. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. LipoRx may invoice parts of an order separately. Orders are not binding upon LipoRx until accepted by LipoRx. Any quotations from LipoRx will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

Shipping and Delivery: Shipping and handling charges on all orders vary.

Returns and Refunds: All LipoRx products have a 30-day money-back guarantee on initial purchases only. Return authorization numbers must be received from Customer Service and written on the shipping box. Please contact Customer Service with any questions about the LipoRx satisfaction guarantee at 1-888-773-9585. The above-mentioned LipozeneRx Satisfaction Guarantee & Return Policy applies to Internet and TV purchases directly from LipozeneRx® only

Terms of Sale: All products offered for sale by LipoRx are subject to availability, and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies, or fees (“Taxes”) due with respect to your purchase of products or services through our Service. We will collect applicable taxes if we determine we have a duty to collect them. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to report and pay taxes directly if we do not collect such taxes.

Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If your designated payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third-party payment service providers may request, and may receive, updated payment card information from your payment card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, you agree we may update your account information accordingly, and will use such updated information to process payments for your future purchases and applicable subscription charges (including any applicable taxes, shipping, and handling charges). Your payment card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated card information. If you wish to opt out of your payment card’s updating service, you should contact your card issuer. We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or card issuer reverses a charge to your payment card, we may bill your account directly and seek payment by another method, including a mailed statement.

If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment. In connection with any purchase you make through the Service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your payment card number and expiration date, your billing address, your shipping address, your phone number, and/or your email address. By submitting such information, you grant LipoRx without charge the irrevocable, unencumbered, universe-wide, and perpetual right to provide such information (and any updated information we receive) to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.

All credit card, debit card, and other monetary transactions on or through the Service occur through an online payment processing application(s) accessible through the Service. This online payment processing application(s) is provided by LipoRx’s third-party online payment processing vendor, Authorize.net (“Authorize”). Additional information about Authorize, its privacy policy, and information security measures (collectively, the “Authorize Policies”) should be available on the Authorize website at https://usa.visa.com/legal/privacy-policy.html or by contacting Authorize directly. Reference is made to the Authorize Policies for informational purposes only and are in no way incorporated into or made a part of this Agreement. LipoRx’s relationship with Authorize, if any, is merely contractual in nature, as Authorize is nothing more than a third-party vendor to LipoRx and is in no way subject to LipoRx’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.

You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Service, the risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.

We reserve the right to remedy User issues and concerns on a case-by-case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.

Title; Risk of Loss: Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser, and at that time, title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by the pharmacy is the pharmacy’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.

Export Sales: If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country.

User Obligations

Registration; User Accounts, Passwords, and Security: You are required to register and set up an account on the website in order to access the Service, and the Service is available only to Users who have registered and have been granted accounts with usernames and passwords. For purposes of clarity, information you provide LipoRx in order to register and set up an account on the website, including name, username, email address, shipping address and phone number, are not considered Protected Information for purposes of the Protected Health Information section above. You agree to accurately maintain and update any information about yourself that you have provided to LipoRx, healthcare providers, or pharmacies. If you do not keep such information current or fail to submit truthful, accurate, and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Service. You also agree to immediately notify LipoRx of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Service by emailing LipoRx customerservice@lipozenerx.com. In addition, you agree to keep your username and password confidential and to exit your User account at the end of each session. LipoRx explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.

When establishing an account, you will be required to provide a username and password that will be used as your login for your account. To help protect the privacy of data you transmit through the Service, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, we take steps to protect the User data we collect against unauthorized access. However, you should keep in mind that the Service and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access the Service and information about you, including medical information, contained in the service. It is your responsibility to affirmatively log out from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone, and other devices, and to protect the confidentiality of your username and password.

You must exercise caution, good sense, and sound judgment in using the Service. You are prohibited from violating, or attempting to violate, the security of the service. Any such violations may result in criminal and/or civil penalties against you. LipoRx may investigate any alleged or suspected violations and if a criminal violation is suspected, LipoRx may cooperate with law enforcement agencies in their investigations.

User Conduct and Prohibited Activities: By accessing or using our Service, you commit to maintaining the highest standards of conduct and agree not to engage in any behavior that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.

Specifically, you are prohibited from using the Service for any unlawful, unauthorized, fraudulent, or malicious purpose; posting or transmitting any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, or which violates any party's intellectual property or these Terms and Conditions; engaging in actions that could damage, disable, overburden, or impair any server, interfere with any other party's use and enjoyment of the website, or attempt to gain unauthorized access to the website, other accounts, computer systems, or networks connected to any server through hacking, password mining, or any other means; spreading malware, phishing, spamming, or engaging in cyber-attacks; infringing on the intellectual property rights of others, including posting, uploading, or distributing content without the rightful owner's permission; and violating the privacy and personal rights of other users by refraining from actions that would invade their personal space or misuse their personal information.

Violations of these guidelines may result in immediate suspension or termination of your account, at our sole discretion, and may lead to legal action if necessary. We reserve the right to remove any content that breaches these terms, to suspend or terminate access for such violations, and to cooperate with law enforcement authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

LipoRx reserves the right, except as may be prohibited by applicable law or specified in our Privacy Policy, to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at LipoRx’s sole discretion.

Your adherence to these guidelines ensures a positive, safe, and legally compliant environment for all users, fostering respectful and law-abiding interactions within our community.

Intellectual Property

Intellectual Property Rights: The Service and the information and content available through the Service are protected by copyright laws worldwide. Subject to this Agreement, LipoRx grants you a limited, non-transferable, revocable license to access and use the Service for your personal use. Unless otherwise specified by LipoRx in a separate license, your right to use any of the Service or the content is subject to this Agreement, and all rights in the Service and the content are reserved by LipoRx. You agree that LipoRx and its suppliers own all rights, title, and interest in the Service (including but not limited to any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service. LipoRx's stylized name and other related graphics, logos, service marks, and trade names used on or in connection with the Service are the trademarks of LipoRx and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in the Service are the property of their respective owners.

Copyright: It is LipoRx policy to terminate use of the Service by any User who repeatedly infringes copyright upon prompt notification to LipoRx by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Service of the material that you claim is infringing; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for LipoRx ‘s Copyright Agent for notice of claims of copyright infringement is as follows: customerservice@lipozenerx.com.

Legal Terms and Conditions

Changes to Terms: This is a statement indicating that LipoRx reserves the right to modify the terms and conditions at any time, with or without notice.

Governing Law: THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. IN THE EVENT, AND FOR WHATEVER REASON, SHOULD THE ARBITRATION CLAUSE ABOVE BE INAPPLICABLE, THEN CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN SAN DIEGO COUNTY, CALIFORNIA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.

Severability: If any provision in this Terms & Conditions is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.

Arbitration Clause: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity, enforceability thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), LipoRx’s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY EITHER THE AAA OR THE NATIONAL ARBITRATION AND MEDIATION, INC. Under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at https://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Customer shall have the ability to choose between these two forums as well as choose a venue that is convenient for Customer. Additionally, LipoRx shall bear the cost of the administrative and arbitrator fees. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute or controversy between Customer and LipoRx. Hearings shall be held as provided by the Code and if any in-person hearing is required, it shall be held in a venue chosen by Consumer. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration; provided, however, in the event that Customer should prevail on its claim against LipoRx, then Customer shall be entitled to recover attorneys' fees from LipoRx to at least the same extent as Customer would recover in court.

THIS AGREEMENT AND ARBITRATION CLAUSE DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE NAF PROCEDURES OR RULES WOULD. YOU AGREE THAT, BY ENTERING INTO THIS SALE AGREEMENT, YOU AND LIPORX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Opt-out: You may opt-out of this dispute resolution provision only by notifying LipoRx within 30 days of the date that it first applies to you. You must do so by writing to LipozeneRx, P.O. Box 231355, Encinitas, CA 92023, attn.: Arbitration Opt-Out, including your name, address, account number (if you have one), and a clear statement that you do not wish to resolve disputes with LipoRx through arbitration.

Warranty Disclaimer: THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. LIPORX AND EACH THIRD PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE Service, INCLUDING THE HEALTHCARE PROVIDERS AND THE PHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICES, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE WEBSITE. LIPORX DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE SERVICES. LIPORX DOES NOT WARRANT THAT THE SERVICES WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.

Limitation of Liability: LIPORX WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. LIPORX WILL NOT BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR PURCHASE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, LIPORX IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.

Indemnity: You agree to defend, indemnify, and hold LipoRx Parties and any Third Parties offering products or services through the Service, including the healthcare providers and pharmacies, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

No Agency Relationship: Neither this Agreement nor any content, materials, or features of the website create any partnership, joint venture, employment, or other agency relationship between you and LipoRx, healthcare providers, or pharmacies. You may not enter into any contract on our behalf or bind us in any way.

Assignment: You may not assign any of your rights under this Agreement, and any such attempt will be null and void. LipoRx may, in its sole discretion, assign or transfer, without further consent or notification, this Agreement or any or all of the contractual rights and obligations pursuant to this Agreement, in whole or in part, to any affiliate of LipoRx or to a third party in the event that some or all of the business of LipoRx is transferred to such other third party by way of merger, sale of its assets or otherwise.

Force Majeure: Neither party will be held liable for delays or failures in performance resulting from acts beyond their reasonable control, including natural disasters, war, or government restrictions (referred to as "Force Majeure Events"). The affected party must inform the other promptly and endeavor to resume obligations quickly. If such events persist beyond [specify period, e.g., 30 days], either party may terminate the agreement with written notice.

Third Party Goods and Services: : Parties other than LipoRx, pharmacies, and healthcare providers provide services or sell products through the Service (collectively, "Third Parties"), and LipoRx may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by Third Parties ("Third-Party Goods and Services"). Your use of any Third-Party Goods and Services and any interactions with Third Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such use or interactions, are solely between you and such Third Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third Parties or any Third-Party Goods and Services. You are solely responsible for and shall exercise caution, discretion, common sense, and judgment in using the Service and services and disclosing personal information.

You agree that LipoRx shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Service, including any Third-Party Goods and Services or your interactions with any Third Parties. In the event of any dispute between you and any Third Party, any other User, or any other entity or individual, you understand and agree that LipoRx is under no obligation to become involved in such dispute, and you hereby release and indemnify LipoRx, and their respective corporate parents, subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, "LipoRx Parties") from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY LIPORX, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Third Party Beneficiary: Any use of third-party software provided in connection with the Service, or any Third-Party Goods and Services accessed or used in connection with the Service, will be governed by the applicable third-party’s license or terms of use, if any, and if no such license or terms of use exists, by this Agreement. In addition to this Agreement, your use of the Service must comply with all applicable third-party terms of agreement, if any.

Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of LipoRx, healthcare providers, and pharmacies and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, and, except as specifically set forth in this Agreement, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.

Entire Agreement: This Agreement and any other agreements LipoRx may post on the website or that you and LipoRx may execute from to time constitute the entire agreement between LipoRx and you in connection with your use of the Service and supersede any prior agreements between LipoRx and you regarding use of the Service and services, including prior versions of this Agreement.

Contact Information: If you have any questions or concerns about this Agreement, please email us at customerservice@lipozenerx.com. . For all questions about the services, call 888-773-9585 toll-free. We will attempt to respond to your questions or concerns promptly after we receive them.