Website Terms-of-Use Agreement

Introduction

This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.

This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

By placing an order for products or services from this Website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by this agreement.

You must not order or obtain products or services from this Website if you (a) do not agree to this agreement, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Wellness Planning, Inc., or (c) are prohibited from accessing or using this Website or any of this Website's contents, goods, or services by applicable law. Acceptance of the Agreement

This website terms-of-use agreement is entered into between you and Wellness Planning, Inc. (“Company,” “we,” or “us”). The following agreement, together with any documents it expressly incorporates by reference (collectively, this “agreement”), governs your access to and use of our Website, including any content, functionality, and services offered on or through, whether as a guest or a registered user.

Please read this agreement carefully before you start to use the Website. By using the Website or by clicking to accept or agree to this agreement when this option is made available to you, you accept and agree to be bound and abide by this agreement and acknowledge our Privacy Policy, found at Privacy Policy . If you do not want to agree to this agreement or if you reject the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18-years old or older and reside in the United States or any of its territories or possessions. By using this Website, you state that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.

Changes to the Agreement

We may revise and update this agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website from then on. But any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website after the posting of the revised agreement means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Nature of Website

This technology platform enables registered users to connect with physicians and other health care providers for the diagnosis and treatment of erectile dysfunction (“ED”). The Website facilitates the provision of services to registered users, which may include: (1) providing general information relating to ED and available treatments, including sildenafil and tadalafil oral lozenges; (2) administrative support for the collection and maintenance of health care records and information, to be used in connection with communications with health care providers and pharmacy services; and (3) telecommunications and technological support for connecting registered users to health care providers for communication, consultations, assessments, and treatment by those providers (collectively, “Services”).

This is not a medical practice or other healthcare provider, and we do not employ physicians or other health care providers. While our Services enable registered users to communicate with health care providers, the content on our Website and the Services we provide cannot and are not intended to provide medical advice. Medical care is not provided by the Company. It is provided by the following provider-owned businesses: [IDENTIFY HEALTHCARE PROVIDERS]. These healthcare providers may deny treatment and not provide you with a prescription if they believe that you may be better served by a local provider or for any other reason. If medical advice or a prescription is provided to you by a healthcare provider through the Services, that medical advice or prescription is based on the information you provide to the healthcare provider and their professional judgment. Wellness Planning does not provide medical advice, and we do not have control or influence any medical advice, treatment, or prescription provided by your healthcare provider.

Neither Wellness Planning, Inc. nor any of its licensors or suppliers or any third parties who promote the Services or provide you with a link to the Services will be liable for any professional advice you obtain from a provider via the Services nor for any information obtained from our Services. You acknowledge your reliance on any providers or information provided by the Services is solely at your own risk and you assume full responsibility for all risk associated with it.

All customized prescription medications are prescribed by licensed healthcare providers and shipped directly to you from a partner pharmacy.

None of these Services replaces your relationship with your primary care physician. The physicians and other healthcare providers that you may communicate with via our Website do not diagnose, treat, or screen cancer or other diseases related to the prostate, urogenital area, or any other part of the body other than erectile dysfunction. Any medication that healthcare providers may prescribe for you only provides treatment of the symptoms of erectile dysfunction and is not intended for the diagnosis or treatment of the underlying causes of erectile dysfunction.

You should never delay seeking advice from your urologist, primary care physician, or any other healthcare provider due to any diagnosis, advice, or other information provided (or the omission of any such information) on the Website or a healthcare provider with whom you communicate via our Website. If you believe you may have a medical emergency, you should promptly contact your primary care provider or 911 for assistance.

Consent to Telemedicine

Telemedicine involves using technology to enable healthcare providers to evaluate and treat patients from different locations. Telemedicine communications may include transmission of your medical records, photos, and other personal health information, and may include interactions via dynamic intake forms, live two-way video and audio, and other methods. Wellness Planning's technology platform incorporates network and software security protocols to protect the privacy and security of your health information.

Please see our Telemedicine Consent, which includes a description of the possible benefits and risks of telemedicine, and your consent to receive telemedicine services from healthcare providers with whom you communicate via our Website.

Healthcare Services Limitations

A healthcare provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the healthcare provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, we strongly encourage you to provide all relevant information and discuss all diagnosis and treatment options with a healthcare provider. Moreover, a healthcare provider using the Website may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to use the Services, you acknowledge that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the healthcare services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a healthcare provider; (iii) a healthcare provider acting through the Services may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the healthcare provider's ability to diagnose any potential condition, disease, or injury.

Accessing the Website and Account Security

We may withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.

• Ensuring that all persons who access the Website through your Internet connection are aware of this agreement and comply with it.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on or through the Website (including personal health information) is accurate and that you maintain and promptly update that information to keep it accurate as long as you are using the Website or receiving the Services. You acknowledge that all information you provide to register with this Website or otherwise, including through the use of any interactive features on the Website (i.e., communications with healthcare providers), is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you will not provide any other person with access to this Website or parts of it using your username, password, or other security information. You will promptly notify us of any unauthorized access to or use of your username or password or any other breach of security. You also will ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You are responsible for any activity by other people that access the Website under your account that, if taken by you, would violate this agreement. We will consider any such act or omission to be a violation of this agreement by you.

We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any part of this agreement.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Company, its licensors, or other providers of that material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

This agreement permits you to use the Website and the Services for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

• Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.

• If the Company provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by our end user license agreement for those applications.

• If the Company provides Social Media Features with certain content, you may take those actions as are enabled by those features. You must not:

• Modify copies of any materials from this Website.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this agreement, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use those marks without the Company's written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

• In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries).

• To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in this agreement.

• o To transmit, or procure the sending of, any advertising or promotional material without our written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using email addresses or usernames associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you must not:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

• Use any manual process to monitor or copy any of the material on the Website or for any other purpose not expressly authorized in this agreement, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Website.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise try to interfere with the proper working of the Website.

User Contributions

The Website contains live two-way audio and video and other interactive features (“Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (including healthcare providers) (“post”) testimonials, comments, personal health information, or other content or materials (collectively, “User Contributions” ) on or through the Website.

All User Contributions must comply with the Content Standards stated in this agreement.

Any User Contribution (except for personal health information) you post to the Website will be considered nonconfidential and nonproprietary. By providing any User Contribution (except for personal health information) on the Website, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You state that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

• All your User Contributions do and will comply with this agreement.

You acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for that content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other Website user.

Monitoring and Enforcement; Termination

We may:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

• Take any action with respect to any User Contribution that we consider necessary or appropriate in our sole discretion, including if we believe that that User Contribution violates this agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.

• Terminate or suspend your access to all or part of the Website for any or no reason, including any violation of this agreement.

We will cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You waive and hold harmless the Company and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either those parties or law enforcement authorities.

However, we do not undertake to review material before it is posted on the Website, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. User Contributions must not:

• o Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• o Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• o Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• o Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this agreement and our Privacy Policy.

• o Be likely to deceive any person.

• o Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• o Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• o Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

• o Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

• o Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please provide us with the following information under the Digital Millennium Copyright Act (DMCA): (1) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) your contact information, including your address, telephone number, and an email address; (5) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. It is the Company's policy to terminate the user accounts of repeat infringers.

Reliance on Information Posted

Other than the information received directly by you from healthcare providers, the content on the Services should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the content on the Services represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. We do not recommend or endorse any specific tests, providers, medications, products, or procedures.

The information presented on or through the Website is made available solely for general information purposes. We are not making any warranty about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on those materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the Company's opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are not required to update that material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Fees and Payment Terms

You are responsible to pay for services and products that you order through the Website. We will bill you based on your elected subscription plan and coordinates automatic shipment of your refills and treatments. The payments that you make to us may include fees for services charged by your healthcare providers and for pharmacy services, and we collect payment on their behalf. Unless otherwise stated, all fees are quoted in U.S. Dollars.

All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after those changes. Posted prices do not include taxes or charges for shipping and handling (if applicable). All those taxes and charges (if applicable) will be added to your total and will be itemized in your online cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from those occurrences.

We may offer from time-to-time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from this agreement. If there is a conflict between the terms for a promotion and these terms, the promotion terms will govern.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. Payments may be facilitated through a third-party payment processing service. You authorize us to charge you, through our third-party payment processing service, for all fees as they become due. You state that (i) the credit card information you supply to us is correct, (iii) you are duly authorized to use that credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. If your payment method fails or fees associated with your account are past due, we may collect fees owed using other collection mechanisms, including charging other payment methods on file or retaining collection agencies and legal counsel. Subject to compliance with any notice or waiting period provided by applicable law, we may also block your account pending resolution of any amounts due.

You can cancel your subscription anytime by emailing [email protected] or by logging into your account and putting your account on hold.

Linking to the Website and Social Media Features

You may link to our homepage, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in a way that suggests any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

• o Link from your own or certain third-party websites to certain content on this Website.

• o Send emails or other communications with certain content, or links to certain content, on this Website.

• o Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms we provided with respect to those features. Subject to the foregoing, you must not:

• o Establish a link from any website that is not owned by you.

• o Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

• o Link to any part of the Website other than the homepage.

• o Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of this agreement.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in this agreement.

You will cooperate with us in causing any unauthorized framing or linking immediately to stop. We may withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for those websites.

Geographic Restrictions

The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Termination

You may terminate your account at any time, for any reason, by sending an email to [email protected]. We may terminate your account and your right to access the Website or the Services, at any time, for any reason or no reason.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided “as is” and “as available,” without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company is making any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Neither the Company nor anyone associated with the Company represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Website or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

To the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, noninfringement, and fitness for particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability

To the fullest extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or those other websites, or any diagnosis or treatment of you by healthcare providers with whom you communicate through the Website, including any direct, indirect, special, incidental, consequential, or punitive damages, including personal or bodily injury, disability, death, pain and suffering, emotional or physical distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. Your sole remedy is to stop using the Website and our Services.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

You acknowledge that the Company is not engaged in the practice of medicine and that the Company is not determining appropriate medical use of the Services. The Company, its licensors, suppliers, and all third parties who promote the Services or provide you with a link to the Services expressly disclaim all liability resulting from the delivery of healthcare via the Website, including liability for medical malpractice. Indemnification

You will defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers (including third-party healthcare providers with whom you communicate through the Website or otherwise as part our Services), and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this agreement or your use of the Website, including your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in this agreement or your use of any information obtained from the Website.

Governing Law and Jurisdiction

Florida law governs all matters relating to the Website and this agreement and any dispute or claim arising from or related to it (in each case, including non-contractual disputes or claims) without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, this agreement or the Website not subject to arbitration will be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Orlando and County of Orange, although we retain the right to bring any suit, action, or proceeding against you for breach of this agreement in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by those courts and to venue in those courts.

Dispute Resolution and Binding Arbitration

You and Wellness Planning, Inc. are agreeing to give up any rights to litigate claims in a court before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.

Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and us arising from or relating in any way to the Website, the Services, or your purchase of products or services through the Website, will be resolved exclusively and finally by binding arbitration.

The arbitration will be administered by the American Arbitration Association (“AAA”) under the Consumer Arbitration Rules (“AAA Rules”) then in effect, except as modified by this section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intent to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, , neither you nor Wellness Planning, Inc. will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal will not consolidate more than one person's claims and will not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to this agreement or the Website must be brought within one year after the cause of action accrues, otherwise, that cause of action or claim is permanently barred. Waiver and Severability

No waiver by the Company of any term stated in this agreement will be deemed a further or continuing waiver of that term or a waiver of any other term, and any failure of the Company to assert a right or provision under this agreement will not constitute a waiver of that right or provision.

If any provision of this agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of this agreement will continue in full effect.

Entire Agreement

This agreement and our Privacy Policy constitute the entire agreement between you and the Company about the Website and supersede all earlier and contemporaneous understandings, agreements, representations, and warranties, both written and oral, about the Website. Additional terms may also apply to specific portions, services, or features of the Website. All those additional terms are incorporated by this reference into this agreement.

No Third-Party Beneficiaries

This agreement does not and is not intended to confer any rights or remedies on any person other than you.

Notices

To You. We may provide any notice to you under this agreement by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective on posting. It is your responsibility to keep your email address current.

To Us. To give us notice under this agreement, you must contact us as follows: (i) by email to [email protected]; or (ii) by personal delivery, overnight courier, or registered or certified mail to Wellness Planning, Inc., 30700 Russell Ranch Rd #250, Westlake Village, California, 91362, United States of America. We may update the email address or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Electronic Communications, Transactions, and Signatures

Visiting the Website, sending us emails, and completing online forums constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that that communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Feedback

The Company encourages you to give feedback about the Company, the products and services, or the Website. But the Company will not treat as confidential any suggestion or idea you give, and nothing in this agreement will restrict the Company's right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.

Your Comments and Concerns

This Website is operated by Wellness Planning, Inc., 30700 Russell Ranch Rd #250, Westlake Village, California, 91362, United States of America. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].