TERMS OF USE

Last Modified: May 14, 2018

TERMS OF USE

The following terms and conditions constitute an agreement between you as a user of this application (“you” or “User”) and OTCMeds, LLC, a Texas limited liability company. (“OTCMeds,” “we,” “us,” or “our”), the operator of OTCme (the “App” or the “Application”). This agreement (the “Terms of Use”), together with any documents that are expressly incorporated by reference by these Terms of Use, governs your use of the App, both as a casual user and as a registered user. BY USING THE APP, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF USE and that you consent to (i) the information practices disclosed in our Privacy Policy, and (ii) resolve in the State of Texas any dispute that you may have with us, or the App. Please note that we offer the App “AS IS” and without warranties. If you do not agree with all the terms and conditions of these Terms of Use and our Privacy Policy, you must not use the App.

1. USE OF THE APPLICATION

As a condition of your use of this App, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this App in accordance with these Terms of Use, (iv) all information supplied by you on this App is true, accurate, current and complete, and (v) you accept these Terms of Use and agree that you are legally bound by its terms. We retain the right at our sole discretion to deny access to anyone to this App and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use. OTCme is not for use with life threatening, urgent or emergent medical conditions and you agree that you are not attempting to use the service for such a condition.

2. RESERVATION OF RIGHTS

You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under these Terms of Use, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms of Use and our Privacy Policy. OTCMeds and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application and its Content (defined below), including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Use. All rights not expressly granted herein are reserved to OTCMeds and its licensors.

3. INFORMATIONAL CONTENT

The contents of the App, such as text, graphics, images, videos, information obtained from the App’s licensors, and other information or material contained on the App (“Content”) are for

informational purposes only. OTCMeds uses reasonable efforts to update the App’s Content. However, the App’s Content is subject to change without notice. By operating the App, OTCMeds does not represent or imply that it endorses the App’s Content. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. OTCMeds makes no representations or warranties as to the accuracy, reliability or completeness of any Content on the App. Any reliance you place on such Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Content by you or any other user of the App, or by anyone who may be informed of any of the App’s Content.

This App may include Content provided by third parties. OTCMeds may modify certain Content provided by third parties to facilitate searching and improve search results. All statements and/or opinions expressed in these materials, and all Content other than the Content provided by OTCMeds, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of OTCMeds. 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.

Please contact us at Support@otcme.com if you have questions about the Content presented on the App.

4. INTELLECTUAL PROPERTY

These Terms of Use permit you to use the App exclusively for your personal and other non- commercial use. Unless otherwise stated, OTCMeds and/or its licensors own the intellectual property rights in the App and the Content. The App and all Content contained therein is protected by contract law and various intellectual property laws, including domestic and international copyright laws. If we provide social media features with certain Content, you may take such actions as are enabled by such features.

OTCMeds, and its associated logos, and all page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of OTCMeds. All other product names and company logos mentioned on the App or in the Content contained therein are trademarks of their respective owners. OTCMeds accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), OTCMeds reserves the right to terminate your use of the App or the Content contained therein if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the App in breach of these Terms of Use, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the Content you have made. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

5. PROHIBITED ACTIVITIES

You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this App.

Additionally, you agree not to:

  1. (a)  use the App in any way that violates federal, state, local or international law or regulation, or generally accepted practices or guidelines in relevant jurisdictions;

  2. (b)  modify or hack any Content on the App;

  3. (c)  utilize the App in any way that would damage its Content or visibility for other visitors;

  4. (d)  use any such trademarks, service marks, trade dress, or other logos from the App without the prior written authorization of OTCMeds;

  5. (e)  access, monitor or copy any Content of this App using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

  6. (f)  reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of this App or any part thereof;

  7. (g)  remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from this App, including any copy thereof;

  8. (h)  rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making this App available on a network where it is capable of being accessed by more than one device at any time;

  9. (i)  remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting this App (or the servers, networks, and databases which are used by the App);

  1. (j)  violate the restrictions in any robot exclusion headers on this App or bypass or circumvent other measures employed to prevent or limit access to this App;

  2. (k)  introduce any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs or other material which is malicious or technologically harmful to the App (or the servers, networks, and databases which are used by the App);

  3. (l)  take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure, or that otherwise interferes with or disrupts the App (or the servers, networks, and databases which are used by the App); and

(m)“frame”, “mirror” or otherwise incorporate any part of this App into any other mobile application without our prior written authorization.

(n) transmit material that is defamatory, hateful, abusive, harassing, embarrassing to any person or entity. For example, sending weight loss medications to an obese person for purposes of harassment.

6. COLLECTION AND USE OF YOUR INFORMATION

You acknowledge that when you download, install, or use the Application, OTCMeds may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

7. SUBSCRIPTIONS AND UPDATES

OTCme offers two auto-renewing subscription options, a monthly and yearly option. The price of each may change from time to time, but will be fixed at the price the user subscribes to. The subscriptions provide for a 7-day trial period.

The 7-day trial period will automatically opt-in to a subscription if the user does not cancel. OTCme subscriptions automatically renew unless the auto-renew is turned off at least 24 hours before the end of the current period. Payment will be charged to your iTunes account at confirmation of purchase. Your account will be charged for renewal within 24-hours prior to the end of the current period depending on which subscription you choose.

Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s account settings after purchase. Any unused portion of the free trial period will be forfeited when the user purchases a subscription to OTCme.

OTCMeds may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that OTCMeds has no obligation to provide any Updates or to continue to provide or enable any features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either:

(a) the Application will automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of these Terms of Use. Your continued use of App following an Update constitutes your binding acceptance of these Terms of Use.

8. TESTIMONIALS

OTCMeds allows users to share and view testimonials about their experiences relating to medications they have consumed (“Submissions”). Your Submissions, including personally identifiable information contained therein, are made voluntarily, are non-confidential, and are subject to our Privacy Policy. You are responsible for the content of your Submissions.

You may only provide Submissions about yourself, your minor child, or those for whom you have been designated as their personal representative. OTCMeds shall decide in its sole discretion whether Submissions may be posted to or remain posted on the App. OTCMeds does not warrant that Submissions will be posted to the App. We may take any action with respect to any Submissions that we deem necessary or appropriate in our sole discretion, including if we believe that such Submissions violate these Terms of Use, including the content standards set forth below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for OTCMeds, including, but not limited to the following:

  • If notified of an allegation that the App contains infringing Content, we may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the App.

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

  • We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.

  • We may terminate or suspend your access to the App for any violation of these Terms of Use.

    Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through the App. YOU WAIVE AND HOLD HARMLESS OTCMEDS 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 CONSEQUENCEOF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

OTCMeds does not undertake to monitor or review every Submission, and OTCMeds disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise. OTCMeds is not responsible for screening, policing, editing or monitoring the Submissions and other third party statements posted on the App, including, without limitation, all third-party advertising or sponsorship posted on the App.

Submission must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Submissions must not:

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

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

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

  • 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 these Terms of Use and our Privacy Policy.

  • Be likely to deceive any person.

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

9.

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

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

REPRESENTATIONS AND WARRANTIES OF USER

By posting Submissions to the App, you represent and warrant the following: (i) you are not impersonating any other person; (ii) your Submissions will be true and accurate and only concerns or relates to the service received by you, your minor child, or an individual for whom you have been authorized to Submit on such individual’s behalf; (iii) your Submissions are your original work of authorship, (iv) you have the right to make your Submissions without violating the copyright, trademark, or other intellectual property rights of any person or entity, and (v) the Submissions will not contain any content, personally identifiable information, or other information or materials of any kind that relates or refers to any person or entity other than those identified in (ii) above. In addition, you represent and warrant that (I) your use of the App will be in strict accordance with these Terms of Use, our Privacy Policy, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content), and (II) your use of the App will not infringe or misappropriate the intellectual property rights of any third party.

10. INDEMNIFICATION

You agree to indemnify, defend and hold harmless, OTCMeds, its parents, subsidiaries, affiliates, related companies, and each of their respective officers, directors, shareholders, employees, agents, content providers, customers and suppliers from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your violation of these Terms of Use, your use of the App, and any Submission you make or post on the App. Or other action taken by you such as sharing medications or texting information contained in the App.

11. PRIVACY POLICY

Your use of this App is also governed by the terms of our Privacy Policy, which is incorporated herein by reference. To the extent there is an inconsistency between these Terms of Use and our Privacy Policy, these Terms of Use shall govern.

12. OTCMEDS DOES NOT PROVIDE MEDICAL ADVICE

YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED ON THE APP AS A SUBSTITUTE OR REPLACEMENT FOR, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING

MEDICAL ADVICE FROM A HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE APP. INFORMATION PROVIDED ON THE APP IS USED SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE APP OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, THE PROVISION OF MEDICAL CARE, OR TO CREATE A DOCTOR-PATIENT RELATIONSHIP.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

13. NO WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for protection from viruses, malware, and other software or material that is malicious or technologically harmful, accuracy of data input and output, and for maintaining a means external to our App 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 OR OTHER DEVICES, COMPUTER PROGRAMS, APPLICATIONS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOURUSEOF THEAPPOR ANY SERVICES OBTAINED THROUGH THE APP OR TO YOUR COPYING OR DOWNLOADING OF ANY MA TERIAL POSTED ON THE APP , OR ON ANY WEBSITE LINKED TO THE APP.

YOUR USE OF THE APP, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER OTCMEDS NOR ANY PERSON ASSOCIATED WITH OTCMEDS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY , RELIABILITY , QUALITY , ACCURACY OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER OTCMEDS NOR ANYONE ASSOCIATED WITH OTCMEDS REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP OR THE SERVER(S), NETWORK(S), OR DATABASE(S) THAT MAKES IT AVAILABLE ARE

FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APP OR ANY SERVICES OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. GENERAL LIMITATION OF LIABILITY

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE APP OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE APP OR THE SERVICES, OR (B) $5.00. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE APP AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR PERSONAL INJURY/WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST REVENUE, LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

15. INTERRUPTION OF SERVICE AND ACCOUNT SECURITY

OTCMeds reserves the right to Discontinue the App with or without notice to you. OTCMeds shall not be liable to you or any third party should we exercise our right to discontinue the App. We do not guarantee continuous, uninterrupted or secure access to the App. The operation of the App may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.

Access to certain areas of the App may be restricted. OTCMeds reserves the right to restrict access to other areas of the App, or the entire App, at OTCMeds’ sole discretion. If you choose, or are provided with, a user name, password or any other piece of information to enable you to access restricted areas of the App or as part of our security procedures, you must treat such 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 agree not to provide any other person with access to the App or portions of the App using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason without notice or explanation, including if, in our opinion you have violated any provision of these Terms of Use.

16. ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES

The App may provide links to third-party websites. OTCMeds also may select certain sites as priority responses to search terms you enter and may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. OTCMeds has not reviewed, and cannot review, all of the material made available through the websites, webpages, advertisements or sponsored content to which the App links, and that link to the App. OTCMeds does not recommend and does not endorse the content on any third-party websites. OTCMeds is not responsible for the content of linked third-party sites, sites framed within the website, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. OTCMeds does not endorse any product, service, or treatment advertised on the App. OTCMeds disclaims all liability and responsibility for any loss or harm resulting from the use of third-party websites, webpages, advertisements or sponsored content by you or any other user of the App, or by anyone who may be informed by the contents of such third-party websites, webpages, advertisements or sponsored content.

17. GEOGRAPHIC RESTRICTIONS

OTCMeds is based in the United States of America and the App is intended solely for residents of the United States. We makes no representations that the App and its Content are appropriate or available for use in all locations or may be used outside of the United States. Use of the App may not be legal by certain persons or in certain countries. By using the App, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

By using the App, you consent to the transmission of your personal information, including your user id, password, and any other personal information we may collect from you, to the United States, and you acknowledge and accept all liability and responsibility arising from the transmission of such information to the United States. Our database is hosted by an internationally recognized service that at its discretion may store the data in the United States or any other country. You consent to possible storage and transfer outside the United States.

18. CHANGES TO THESE TERMS OF USE

OTCMeds reserves the right, at its sole discretion, to modify or replace any part of these Terms of Use. You are expected to carefully review these Terms of Use from time to time so you are aware of any changes, as they are binding on you. Your continued use of App following the posting of any changes to these Terms of Use constitutes your binding acceptance of those changes. If any part of these Terms of Use or any future changes to these Terms of Use are not acceptable to you, you must not use the App.

19. TERMINATION

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation by you or by someone using your user id of these Terms of Use or other policies and terms posted on the App. OTCMeds shall not be liable to you or any third party for any termination of your access to the App and/or the Services. Further, you agree not to attempt to use the App and/or the Services after any such deletion, deactivation or termination.

20. DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C § 512(c)(3)) to us at Support@otcme.com.

21. ELECTRONIC CONTRACTING AND NOTICES

Your affirmative act of using this App and/or registering for the App or the Services constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically.

22. ENTIRE AGREEMENT

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the App, including our Privacy Policy, constitute the entire agreement between you and us, and supersede all previous written or oral agreements. If any part of these Terms of Use is held

invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of OTCMeds to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

23. CHOICE OF LAW; CONSENT TO ARBITRATION

These Terms of Use shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Texas as applied to contracts made and to be performed entirely within Texas, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to these Terms of Use or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State of Texas, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

24. ASSIGNMENT

We may assign this contract, including our entire database which may include your email and personal information at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense these Terms of Use to anyone else and any attempt to do so in violation of this section shall be null and void.

25. CONTACT INFORMATION

All feedback, comments, requests for technical support and other communications relating to the App should be directed to OTCMeds at Support@otcme.com.