Terms and Conditions

Thank you for visiting the UltraPharmRx website located at UltraPharmRx.com (the “Site”). The Site is an Internet property of UltraCore Meds, LLC (collectively, “UltraPharmRx,” “we,” “our” or “us”). The following UltraPharmRx Terms and Conditions (“Terms and Conditions”) are inclusive of the UltraPharmRx Privacy Policy (“Privacy Policy”), the Consent to Telehealth, the Frequently Asked Questions (“FAQ”) and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).

Subject to your compliance with these Terms and Conditions, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Sites in the United States and to use the Services solely for your personal and non-commercial use and only as permitted under these Terms and Conditions, the Consent to Telehealth, and the Privacy Policy.

Each end-user visitor to the Site (“user,” “you” or “your”) agrees to the terms of the Agreement, in their entirety when she/he: (a) accesses or uses the Site; (b) accesses and/or downloads any of the: (i) blog posts, text, audio, video, photographs, graphics, artwork, testimonials and/or other content featured on the Site, including erectile dysfunction (“ED”) related content (collectively, “Informational Content”); and/or (ii) links to third party websites, products and/or services (“Third-Party Links,” and together with the Informational Content, the “Content”); (c) accesses certain product review sections, message boards, comments sections, customer ratings and other interactive features of the Site (collectively, “Interactive Services”); (d) registers to receive the UltraPharmRx e-mail newsletter (“Newsletter”); (e) purchases any of the non-prescription items made available by and through the Site (collectively, the “UltraCore Meds Products”) as provided by UltraPharmRx; (f) purchases prescription medicines via the Site (“Prescription Medications,” and together with the UltraPharmRx Products, the “Products”), as same are prescribed by certain third-party licensed medical doctors (“Healthcare Providers”) that provide telemedicine-related services in connection with the Site (“Telemedicine Services”); and/or (g) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, UltraPharmRx (collectively, the “Contact Services,” and together with the Site, Content, Social Media Pages, UltraPharmRx Products, Newsletter, Prescription Medications and Telemedicine Services, the “Site Offerings”).

Third-Party Links may not be under our control; therefore, we are not responsible for the information, products or services described thereon, or for the content of any Third-Party Links, including, without limitation, any link contained in a Third-Party Link, or any changes or updates to a Third-Party Link. We are providing these Third-Party Links to you only as a convenience, and the inclusion of any Third-Party Link does not necessarily imply endorsement of its content or any association with its operators. Your use of these Third-Party Links is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to or provided by Third-Party Links.

PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.

NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).

You expressly agree that use of the site is solely at your sole risk. You acknowledge and understand that the Content and UltraPharmRx Products have not been evaluated by the US Food & Drug Administration (“FDA”). The Content, UltraPharmRx Products and other material made available by and through the Site Offerings: (a) are not intended to diagnose, treat, cure or prevent any medical condition or disease; (b) are not in any way intended as medical advice or as a substitute for medical advice and/or medical treatment; and (c) should only be used in conjunction with the guidance and care of your physician. You further understand that the UltraPharmRx Products and Prescription Medications are not intended for use by persons under eighteen (18) years of age. You understand and agree that some of the Content associated with the UltraPharmRx Products and/or the efficacy of the UltraPharmRx Products, is obtained from independent third-party sources, such as news agencies, scientific reports and/or scientific/research entities (collectively, “Third-Party Sources”). UltraPharmRx does not warrant or represent that such Content is error-free, and UltraPharmRx does not represent or endorse any Third-Party Sources or the methods that they use to arrive at their conclusions. All UltraPharmRx Product specifications, performance data and other related information made available via the Site Offerings is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the UltraPharmRx Products will conform to such specifications or performance data. UltraPharmRx does not warrant or represent that the UltraPharmRx Products will provide you with any particular benefits, or that your results will match those of others who have used the UltraPharmRx Products. Individual results will vary from person to person, and are dependent on factors including pre-existing medical conditions, age, weight, body chemistry, diet and exercise regimen.

You should always consult with your physician or other healthcare professional before utilizing any UltraPharmRx Products, Prescription Medications and/or adopting any treatment for a health problem, whether featured by and through the Site Offerings or otherwise, especially if you suffer from any medical condition including, but not limited to, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, skin diseases or ailments, anemia, depression, anxiety, have a family history of these or other mental or physical illnesses. Your physician should allow for proper follow-up visits and individualize your treatment plan as appropriate. If you have or suspect that you have a medical problem as a result of using any UltraPharmRx Products, Prescription Medications and/or treatment for a health problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site or in connection with any other Site Offerings.

Without limiting the foregoing, those who are taking medication or are under treatment for any disease, or are pregnant or lactating, please consult with your physician or other health care professional before utilizing any UltraPharmRx Products, Prescription Medications and/or adopting any treatment for a health-related problem. The UltraPharmRx Products may include ingredients that you may be allergic to. You should always check the ingredients in any UltraPharmRx Products and Prescription Medications to avoid potential allergic reactions. If you have, or suspect that you are experiencing, an allergic reaction or other adverse health event, promptly contact your health care provider.

Modification of Agreement. The Agreement constitutes the entire and only agreement between users and UltraPharmRx with respect to users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site. We recommend that you read the Terms and Conditions each time you use the website. If you object to any changes, your sole recourse will be to cease using the web sites and our services. Your continued access to and use of the Websites or Services signifies your acknowledgement and acceptance of any such changes to these Terms and Conditions (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable) and agreement to be bound thereby.

Eligibility to Access Site Offerings; Necessary Equipment. The Site Offerings are available only to individuals who: (i) are 18 years of age or older; (ii) are located in a State of the United States where we operate. For a list of states click here; (iii) consent to be legally bound by and comply with these Terms as posted and may be updated from time to time at our sole discretion; (iv) have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Platform. Any fees or charges incurred by your mobile service and Internet Service Provider in connection with your use of the Services are your sole responsibility.

You understand and agree that satisfying the above requirements does not guarantee that you will access the Site Offerings. To the extent permitted by applicable law, UltraPharmRx may terminate your right to access the Site Offerings at any time where you: (i) are in any way in breach of the Agreement; (ii) are engaged in any improper conduct in connection with the Site Offerings; and/or (iii) are, at any time, conducting any unauthorized commercial activity by or through your use of the Site Offerings.

You may register to purchase Products and/or utilize certain Site Offerings, including the Contact Services. You must provide us with accurate and complete registration information and advise us promptly of any changes. Failure to do so will entitle us to immediately terminate your use of certain Site Offerings that require registration. The information you provide to us or the purposes of registration will be dealt with in accordance with our privacy policy.

You can purchase, by and through the Site: (a) UltraPharmRx Products by completing the applicable Form and providing the requisite Registration Data; and (b) Prescription Medication by completing the applicable Form, providing the requisite Registration Data, completing the Telemedicine Services process and receiving approval from a Healthcare Provider.

There is only one option for purchasing products by and through the site: (a) Automatic Renewal Program option. All automatic renewals can be managed in the account portal

Automatic Renewal Program: Where you purchase Products in connection with an automatically renewing subscription model (“Automatic Renewal Program”), your Payment Method will be charged the applicable amount for the subject Products on a recurring basis for as long as that Automatic Renewal Program subscription remains active (the “Recurring Fees”). Such Recurring Fees will be charged in advance and you acknowledge and agree that UltraPharmRx will not obtain any additional authorization from you for the applicable Automatic Renewal Program’s Recurring Fees. Every time that you accept delivery of the subject Products, you re-affirm that UltraPharmRx is authorized to charge your Payment Method and to have the Recurring Fees applied to same. You may cancel a subscription at any time up to forty-eight (48) hours before the applicable renewal processing date of your subscription. If you wish to cancel an Automatic Renewal Program, you may do so at any time by: (i) signing in to your member portal here; (ii) calling us at: 877-260-6968; or (iii) e-mailing us at: [email protected]. Please be advised, all automatic renewal program subscription orders must be cancelled within (12) hours of the renewal subscription date to avoid the order being shipped and you incurring charges for same.

General Billing Terms: You must promptly notify us if your Payment Method is cancelled or is no longer valid (e.g., due to loss or theft) or your Product shipment may be delayed or cancelled. Changes to such information can be made by contacting a customer care professional at: 877-260-6968 or [email protected]. If you participate in an automatic shipment Recurring Fee program using a credit card and your credit card fails to process for a subsequent shipment, you agree that UltraPharmRx may contact you on any phone number (including a cell phone number) or e-mail address provided by you for alternate payment information. If you fail to pay for any product or service received, your account may be sent to collection. UNLESS OTHERWISE INDICATED, ALL SALES ARE FINAL AND NON-REFUNDABLE. The fees associated with your purchases will appear on your Payment Method statement through the identifiers “UltraPharmRx” or “UltraCore Meds ” All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use the Products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of UltraPharmRx in effect at any given time. Upon reasonable prior notice to you (with Site-updates and/or e-mail sufficing), UltraPharmRx reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.

Restrictions: You agree that any Products you purchase from UltraPharmRx will be used for your personal, non-commercial use. You agree that you will not re-sell, re-distribute, or export any Product that you order from UltraPharmRx. UltraPharmRx does not accept orders from dealers, wholesalers, or customers who are resellers or who intend to resell Products offered on the Site. If UltraPharmRx discovers that you are placing orders with the intent to resell Products offered on the Site, we will immediately cancel your order, suspend or terminate your account and, at our option, pursue any and all available legal remedies under applicable law. To the extent that your conduct may be fraudulent, such as attempting to purchase or purchasing Products through the use of fake or stolen cards, UltraPharmRx will report you to federal, state and/or local enforcement authorities and take any additional legal action deemed appropriate by UltraPharmRx.

All Products purchased from UltraPharmRx remain, at all times, subject to the disclaimers contained herein and on the Site. Prices for Products are subject to change at any time. All Products offered by UltraPharmRx are subject to availability and UltraPharmRx reserves the right to reject all or any part of an order without prior notice. You will be notified if any of the Products in your order are no longer available or if all or any part of your order is cancelled. UltraPharmRx will refund any amount already paid on ordered Products that are no longer available or any cancelled part of any order.

If you wish to return UltraPharmRx Products, you may contact a customer care professional at: 877-260-6968. Prescription Medications can not be returned or refunded.

Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to: (i) Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider; (ii) Interactions between a patient and health care provider via audio, video, and/or data communications; and (iii) Use of output data from medical devices, sound, and video files.

Where you request Prescription Medication, you must complete the medical intake Form. Upon completion of same, UltraPharmRx will submit same to a participating Healthcare Provider who will perform the requisite Telemedicine Services to determine your suitability for Prescription Medication before prescribing same.

You should always consult with your physician or other healthcare professional before utilizing any Prescription Medications and/or adopting any treatment for a health problem recommended by and through the Telemedicine Services. Your physician should allow for proper follow-up visits and individualize your treatment plan as appropriate. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site or in connection with any Telemedicine Services.

Please be advised that UltraPharmRx does not itself offer the Telemedicine Services made available via the Site Offerings, nor can UltraPharmRx issue a prescription for the Prescription Medication. The ultimate terms and conditions of any such prescription made available via the Telemedicine Services will be determined by the applicable Healthcare Provider(s). You understand and agree that UltraPharmRx shall not be liable to you or any third party for any medical services and/or medications offered by any Healthcare Provider(s) by and/or through the Telemedicine Services.

Please see our Consent to Telehealth for a description of the risks and benefits of telemedicine. The Consent to Telehealth is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

The Site contains Content which includes, but is not limited to, product reviews, text, audio, video, photographs, graphics, artwork, testimonials and other information about UltraPharmRx and/or the UltraPharmRx Products. The Content is compiled, distributed and displayed by UltraPharmRx, as well as third-party content providers, such as Third-Party Sources and other Site users (collectively, “Third-Party Providers”). UltraPharmRx does not control and is not responsible for the completeness, accuracy, appropriateness and/or usefulness of the Content provided by Third-Party Providers that is made available by and through the Site Offerings. Such Third-Party Content should not necessarily be relied upon. Reliance on any Content or other information made available to you by and through the Site Offerings is solely at your own risk. UltraPharmRx does not represent or warrant that the Content and other information posted by and through the Site Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that UltraPharmRx will not be responsible for, and undertakes no responsibility to monitor or otherwise police Content provided by Third-Party Providers. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. You agree that UltraPharmRx shall have no obligation and incur no liability to you in connection with any Content. Please use caution, common sense and safety when using the Content. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Site.

UltraPharmRx may, in UltraPharmRx sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to UltraPharmRx through the Interactive Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of vehicle repair quote requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to UltraPharmRx, you grant UltraPharmRx a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Interactive Services and UltraPharmRx business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant UltraPharmRx the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor UltraPharmRx use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by UltraPharmRx in its sole discretion, whether or not such material may be protected by law. UltraPharmRx may, but shall not be obligated to, review, monitor, or remove User Content, at UltraPharmRx sole discretion and at any time and for any reason, without notice to you.

UltraPharmRx reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User's access and/or account. UltraPharmRx may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Except as may be provided in the Privacy Policy or prohibited by applicable law, UltraPharmRx reserves the right at all times to disclose any information as UltraPharmRx deems 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, in UltraPharmRx’s sole discretion.

When you set up an account with UltraPharmRx, you are creating a direct customer relationship with UltraPharmRx that enables you to access and/or utilize the various functions of the Site Offerings as a user. As part of that relationship, you may provide certain personal information to UltraPharmRx that we do not consider to be “protected health information” or “medical information,” such as your name, email address, mailing/billing address and telephone number.

However, where you request Prescription Medications or otherwise request certain UltraPharmRx Products, you may also provide certain health or medical information that may be protected under applicable laws, rules and regulations, such the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments (collectively, “HIPAA”). UltraPharmRx is not considered a “covered entity” under HIPAA; provided, however, that our Healthcare Providers are “covered entities” under HIPAA and, in connection therewith, UltraPharmRx may, in some cases, be a “business associate” of the Healthcare Providers. It is important to note that HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to all of your transactions or communications with UltraPharmRx. To the extent UltraPharmRx is deemed a “business associate” however, and solely in its role as a business associate, UltraPharmRx may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the Healthcare Providers (“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 this Privacy Policy. Protected Information does not include information that has been de-identified in accordance with applicable laws.

Each user hereby represents and warrants to UltraPharmRx as follows: (a) all information user provides at all times in connection with user’s use of the Site Offerings, and in communications with Healthcare Providers, is true, accurate, current and complete, and user agrees to maintain and promptly update such information to keep it true, accurate, current and complete as long as user is using the Site Offerings; (b) where user purchases or attempts to purchase Products, that user is doing so for her/his own personal use, and with no intent to resell such Products; (c) the Agreement constitutes the legal, valid and binding obligation of user, which is fully enforceable against such user in accordance with its terms; (d) user understands and agrees that user has independently evaluated the desirability of utilizing the Site Offerings and that user has not relied on any representation and/or warranty other than those set forth in the Agreement; and (e) the execution, delivery and performance of the Agreement by user will not conflict with or violate: (i) any applicable law; (ii) any order, judgment or decree applicable to user; and/or (iii) any agreement or other instrument applicable to user.

Each user agrees to indemnify, hold harmless and promptly defend UltraPharmRx and, if applicable, its shareholders, directors, officers, employees and agents, from and against any action, cause, claim, damage, debt, demand or liability, including, without limitation, costs and attorneys’ fees, asserted by any person, arising out of or relating to: (a) User’s breach of this Agreement; (b) User’s use of the Site Offerings, including, without limitation, any data or work transmitted or received by User; (c) User’s dispute with any Healthcare Provider(s) and/or other third party(ies) and/or (d) any unacceptable, unauthorized and/or improper use of the Site Offerings. The provisions of this Section 12 are for the benefit of UltraPharmRx, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against users on its own behalf.

UltraPharmRx has the exclusive right, title, and interest in the Site Offerings, including the information, graphics, design, compilation, magnetic translation, digital conversion, software,documentation, marks, business processes, know-how, service names and other matters related to same, (Collectively, Proprietary Content). The “UltraPharmRx” name and logo, and all associated graphics, icons and service names, are intellectual property of UltraPharmRx the use of any trademark without the applicable trademark owner's express written consent is strictly prohibited. No User shall copy, recompile, disassemble, reverse engineer, make or distribute any other form of, or create derivative works from, the Proprietary Content without prior written consent. All Proprietary Content is protected under United States and foreign laws, whether owned by UltraPharmRx or third parties with whom we associate to deliver the Site Offerings.The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials.

You must exercise caution and sound judgment in using the Site Offerings. You are prohibited from any attempt to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings. Any such attempt is a violation of criminal and civil law and UltraPharmRx will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.

THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SITE OFFERINGS IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. ULTRAPHARMRX AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, TO THE FULLEST EXTENT PERMITTED BY LAW, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH THIS AGREEMENT, THE SITE OFFERINGS AND THE PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. ULTRAPHARMRX DOES NOT WARRANT OR GUARANTEE THAT THE USE OF THE SITE OFFERINGS WILL RESULT IN ANY SPECIFIC MEDICAL BENEFIT OR OTHER HEALTH-RELATED OUTCOME. ULTRAPHARMRX DOES NOT WARRANT OR GUARANTEE THAT THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME WILL BE WITHOUT ERRORS, DISRUPTIONS, DELAYS, DEFECTS, INTERFERENCES, IMPERFECTIONS, CYBER ATTACK, MALWARE OR OTHER ADVERSE INCIDENT.: NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM ULTRAPHARMRX OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

EACH USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT ULTRAPHARMRX SHALL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE SITE OFFERINGS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, IN ANY CASE, WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE WITHIN THE CONTEMPLATION OF ULTRAPHARMRX AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED,, THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES ULTRAPHARMRX FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IN NO EVENT SHALL ULTRAPHARMRX TOTAL LIABILITY TO ANY USER FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT THE USER MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY THE USER, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE SITE OFFERINGS OR FIVE HUNDRED DOLLARS ($500.00). ANY CLAIMS ARISING OUT OF THE USE OF THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME, MUST BE BROUGHT BY ANY USER OR ULTRAPHARMRX WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND ULTRAPHARMRX. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF ULTRAPHARMRX SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

UltraPharmRx reserves the right to terminate the account of any user who infringes upon third-party copyrights or to remove any content or any other material or information available on or through the Site, at any time, for any reason. UltraPharmRx otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with UltraPharmRx. If you have objections to copyrighted content or material made available on or through our the, you may submit a notification to our Designated Agent. Any notification to UltraPharmRx under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact us at for information or notice of claims.

UltraPharmRx reserves the right, in its sole discretion, to edit and/or delete any documents, information or Content appearing on the Site.

All material submitted by users through or in association with the Site Offerings including, without limitation, the Registration Data, shall be subject to the Privacy Policy.

The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles).

The parties hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between the parties (including the Covered Parties) including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by submitting a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by US Mail to UltraPharmRx,

Attention: Customer Service Department -

UltraPharmRx will contact you by letter at the billing address you provided to us or at the e-mail address you provided to us. You agree to negotiate with UltraPharmRx, or its designated representative in good faith about your problem or dispute. We may choose to provide you with a final written settlement offer after receiving your initial written description of the dispute (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you may give us notice of your intention to proceed to arbitration and commence arbitration proceedings with the AAA, in your county of residence. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Covered Parties and/or their respective employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to [email protected].

Proposition 65, officially the Safe Drinking Water and Toxic Enforcement Act of 1986, is a law that requires warnings be provided to California consumers when they might be exposed to chemicals identified by California lawmakers as causing cancer or reproductive toxicity. The warnings are intended to help California State consumers make informed decisions about their exposures to these chemicals from the products they use. The California Office of Environmental Health Hazard Assessment (“OEHHA”) administers the Proposition 65 program and publishes the listed chemicals, which includes more than 850 chemicals. In August 2016, OEHHA adopted new regulations, effective on August 30, 2018, which change the information required in Proposition 65 warnings. We are providing the following warning for products linked to this page:

WARNING:

Bisphenol A (BPA): Product containers may have linings containing bisphenol A (BPA), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you ingest Products packaged in these containers. For more information go to: www.P65Warnings.ca.gov/BPA.

Additional Information about Proposition 65

For background on the new Proposition 65 warnings, see https://www.p65warnings.ca.gov/new-proposition-65-warnings. Proposition 65 and its regulations are posted at https://oehha.ca.gov/proposition-65/law/proposition-65-law-and-regulations.

To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. UltraPharmRx failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Nothing contained in this Agreement shall give either party the right to bind the other or be deemed to constitute either party as agent for or partner of the other.

UltraPharmRx may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to user. The Agreement is not assignable by you, and you may not delegate your duties under it.

In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then such unenforceable provision shall be deemed modified so as to be enforceable (or if not subject to modification, then eliminated herefrom) to the extent necessary to permit the remaining provisions to remain in full force and effect.

If you have any questions about the Agreement, Site Offerings or the practices of UltraPharmRx, you may utilize the contact method applicable to the subject matter of your inquiry, as set forth on the “Contact Us” page of the Site, or you can e-mail us at: [email protected]; call us at: 877-260-6968; or send us U.S. mail to:
UltraPharmRx (d/b/a UltraPharmRx),

If you are from any of the following states you will be required to have a video consultation. The states that do not provide asynchronous tele-medicine are as follows.

NH, DE, LA, NJ, NM, WV and ID

The UPRx mobile message service (the "Service") is operated by UltraPharmRx (“UPRx”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to UPRx’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of UPRx through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with UPRx. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +1-(848) 288-9969 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other UPRx mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +1-(848) 288-9969 or email [email protected].

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.