TERMS OF USE

LEGAL

The Recovery Care Products, LLC website located at www.rcpcare.com (the “Website”) is a copyrighted work belonging to Recovery Care Products, LLC (including any of its subsidiaries or corporate affiliates, collectively, “Recovery Care Products”, “RCP”, “we” or “us”).

This Terms of Use agreement (this “Agreement”) sets forth the legally binding terms for your use of the Website. This Agreement is accepted by your accessing and/or use of the Website. You may not access and/or use the Website or accept this Agreement if you are not at least 18 years old. By accessing and/or using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the terms and conditions set forth herein. If you do not agree with all provisions of this Agreement, please do not access and/or use the Website.

Please review Recovery Care Products Privacy Policy at https://rcpcare.com/privacy-policy/. The terms of the Privacy Policy are incorporated into, and considered a part of, this Agreement.

ACCOUNTS

Account Creation

In order to use certain features of the Website (e.g., purchasing Products from the Website), you may be asked to register for an account with Recovery Care Products (“RCP Account”) and/or provide certain information about yourself as prompted by the Website registration form. You represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Website does not violate any applicable law or regulation or the terms of this Agreement.

You may delete your RCP Account at any time, for any reason, by following the instructions on the Website. Recovery Care Products may suspend or terminate your RCP Account in accordance with this Agreement.

Account Responsibilities

You are responsible for maintaining the confidentiality of your RCP Account login information and are fully responsible for all activities that occur under your RCP Account. You agree to immediately notify Recovery Care Products of any unauthorized use, or suspected unauthorized use of your RCP Account or any other breach of security.

Recovery Care Products cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. We will protect your RCP Account information in accordance with the Privacy Policy.

TERMS OF SALE

By placing an order with Recovery Care Products, you are (i) offering to purchase a product and/or service at the price set by us, (ii) representing that you are at least 18 years old,

(iii) representing that all information you provide to us in connection with such order is true and accurate, and (iv) representing that you are an authorized user of the payment method provided.

When you send us your order, we may verify certain items before the order is fulfilled, including, without limitation, your personal information and your payment information.

We reserve the right to: (a) refuse any order you place with us; (b) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products or services offered; (c) change or update information in connection with any products or services offered; and (d) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. In addition, we may contact you via such contact information if we wish to notify you of product recalls related to products made available through the Services.

We reserve the right to limit, reject, modify, or cancel orders for any reason or no reason, including if we determine or suspect, in our sole judgment, that (i) the order appears to be placed by unauthorized parties, including unauthorized resellers, or (ii) there is fraudulent activity in connection with such order.

If your payment method has already been charged for an order that is later modified or cancelled, we shall issue you a refund in the amount of the price you paid. Such refund shall be

paid back to you by way of your original method of payment. We apologize for any inconvenience this may cause you.

Products and Pricing

The products listed on the Website (“Products”), including related information and pricing, are each subject to change. Recovery Care Products reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that Recovery Care Products will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product.

In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.

Payment Terms

For each Product you order on the Website, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees (shipping fees) for the delivery service you select (“Delivery Fees or Shipping Fees”), and any applicable Taxes (defined below). Recovery Care Products will automatically bill your credit card submitted as part of the order process for such amounts and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes based on RCP’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Recovery Care Products.

All payments are non-refundable (except as expressly set forth in the Purchase Agreement’s Return Policy).

Orders

Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been

charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.

SHIPPING POLICY

Shipping

• All Providers and consumers pay actual shipping costs at their preferred method of freight.

• Orders generally arrive in 3-5 business days via UPS. Delivery may be handled by your postal carrier, so please check your mailbox before contacting us.

• Orders may at times ship via USPS to save costs.

• If you wish to expedite your order, we also offer Ground, 2nd Day Air, and Next Day Air via UPS. Certain products ship UPS ground only and are noted on the product page.

• We do not ship to P.O. Boxes – please be sure to provide the actual street address for delivery – orders submitted with P.O. Box for shipping address will not be processed.

The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.

RETURN POLICY

Products are sold on a guaranteed sale basis in accordance with the following policy:

Products Eligible for Return
Recovery Care Products will issue authorization for return of products (RMA) by Providers and
Consumers that meet the following criteria:

PROVIDERS

Damaged

Products received damaged may be returned for replacement product within 5 days of receipt. Please have freight company note “Damaged” or “Broken” on the freight bill. Request RMA (Return Merchandise Authorization) for your order directly from your designated Account Manager, Customer Service or login to your online account portal at the Website.

Received in Error

Products shipped in error by Recovery Care Products may be returned, if applicable, for full credit, including shipping when returned within fourteen (14) days of invoicing. Request RMA (Return Merchandise Authorization) for your order directly from your designated Account Manager, Customer Service or login to your online account portal at the Website.

Patient Allergic Reactions

Providers need to fill out RCP RMAR Form and forward to your designated Account Manager, Customer Service or attach to the RMA request via your web portal at the Website in order to obtain a replacement.

CONSUMERS

Damaged

Products received damaged may be returned for replacement product within 5 days of receipt. Please have freight company note “Damaged” or “Broken” on the freight bill. Request RMA (Return Merchandise Authorization) for your order directly from your designated Account Manager, Customer Service or login to your online account portal at the Website.

Received in Error

Products shipped in error by Recovery Care Products may be returned, if applicable, for full credit, including shipping when returned within fourteen (14) days of invoicing. Original packing must be intact, and product NOT used in order to obtain a full refund. Request RMA (Return Merchandise Authorization) for your order directly from your designated Account Manager, Customer Service or login to your online account portal at the Website.

Patient Dissatisfied (Purchased directly by a consumer)

Any product purchased by a consumer directly from Recovery Care Products may be returned directly to Recovery Care Products within thirty (30) days of receipt. Product must not have been used and be in original condition for a full refund.  Original shipping charges will not be refunded and customer pays for return shipping. A 15% restocking fee may apply.

Patient Allergic Reaction

If patient has an adverse reaction to the product, discontinue use immediately and contact your physician. Patient will need to fill out RCP RMAR Form and attach to the RMA for a full refund within forty-five (30) days of receipt. Request RMA (Return Merchandise Authorization) for your order directly from Customer Service or login to your online account portal at the Website.

If Recovery Care Products determines, in its sole discretion, that any Provider or consumer is abusing RCP’s Return Policy, then Recovery Care Products may refuse any or all the above remedies.

Return Process

To obtain authorization to return product for replacement or credit, contact your Account Manager directly, Customer Service or login to your web portal at the Website to initiate the return process.

Customer Service will provide a Returned Merchandise Authorization Number (RMA #) for those items approved for credit and, if applicable, a UPS shipping label. All returns should include a copy of the RMA form, and to be included with any returned goods. No product will be accepted for replacement or credit without a corresponding RMA form. Recovery Care Products reserves the right to inspect all authorized returns prior to issuing credit and to destroy products deemed unfit for sale whether or not they are eligible for credit. Replacement product will not ship until returned product is received and processed.

Products Not Eligible for Return:

1. Product involved in fire, sacrifice or bankruptcy sale; or items that have been damaged due to conditions beyond the control of the manufacturer, such as improper storage, heat, cold, water, smoke, fire, and negligence.

2. Product has been discontinued.
3. Product returned by a party other than the purchaser.
4. Product purchased with specific understanding that it was non-returnable.
5. Product has passed its expiration date.
6. Product has been repackaged in to other containers/packages.
7. Product provided to office as samples or display product.
8. After thirty (30) days, NO product returns will be accepted.

WEBSITE

Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

Any future release, update, or other addition to functionality of the Website shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Website content must be retained on any copies.

Modification

Recovery Care Products reserves the right, at any time, to modify, suspend, or discontinue the Website or any part thereof with or without notice. You agree that Recovery Care Products will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any part thereof.

Ownership

You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website (excluding any User Content (defined below) are owned by Recovery Care Products or RCP’s licensors. The provision of the Website does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Recovery Care Products and its suppliers reserve all rights not granted in this Agreement.

USER CONTENT

User Content

“User Content” of a Website user means any and all information and content that such user submits to, or uses with, the Website (e.g., a user profile or a forum). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Website as described herein and (ii) your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Recovery Care Products. Because you alone are responsible for your User Content (and not Recovery Care Products), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Recovery Care Products is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire. We will protect User Content in accordance with the Privacy Policy.

License

By using your User Content with the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Recovery Care Products an irrevocable,

nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Website. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

Feedback

Recovery Care Products will treat any feedback or suggestions you provide to Recovery Care Products as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Recovery Care Products to the contrary, you agree that you will not submit to Recovery Care Products any information or ideas that you consider to be confidential or proprietary.

ACCEPTABLE USE POLICY

The following sets forth RCP’s “Acceptable Use Policy”:

You agree not to use the Website to collect, upload, transmit, display, or distribute any User Content (a) that violates any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to use the Website to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Website or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Website, other computer systems or networks connected to or used together with the Website, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Website.

We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your RCP Account in accordance with Section ‘Term & Termination’, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and customers, we may access and disclose any information consider necessary or appropriate, including your RCP Account username and password, IP address and traffic information, usage history, and your User Content.

THIRD PARTY SITES & OTHER USERS

Third Party Sites

The Website might contain links to, or advertisements for, third party websites (collectively, “Third Party Sites”). Such Third Party Sites are not under the control of Recovery Care Products and Recovery Care Products is not responsible for any Third Party Sites. Recovery Care Products provides these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Other Users

Each Website user is solely responsible for any and all its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Website users are solely between you and such user. You agree that Recovery Care Products will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved.

Release

You hereby release us, our officers, employees, consultants, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or

arises from any interactions with or conduct of other Website users or Third-Party Sites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “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.”

DISCLAIMERS

ALL INFORMATION CONTAINED ON THE WEBSITE (“SITE CONTENT”), INCLUDING INFORMATION ON SKIN CONDITIONS, PRODUCTS AND TREATMENT, IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT PROVIDED AS MEDICAL ADVICE AND SHOULD NOT BE CONSTRUED AS MAKING ANY RECOMMENDATIONS. IT SHOULD NOT BE RELIED UPON BY ANYONE AS THE SOLE BASIS FOR ANY DECISION OR ACTION, INCLUDING PHYSICIANS MAKING MEDICAL DECISIONS. RECOVERY CARE PRODUCTS DOES NOT ASSUME ANY LIABILITY FOR INACCURACIES OR MISSTATEMENTS IN THE SITE CONTENT. SITE CONTENT IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE PROVIDED BY A HEALTHCARE PROFESSIONAL. YOU SHOULD NOT USE SITE CONTENT FOR THE DIAGNOSIS OR TREATMENT OF A HEALTH PROBLEM, DISEASE OR CONDITION. YOU SHOULD ALWAYS CONSULT YOUR HEALTHCARE PROVIDER BEFORE MAKING ANY HEALTH-RELATED CHANGES. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, RECOVERY CARE PRODUCTS DISCLAIMS ANY LIABILITY OR LOSS IN CONNECTION WITH THE SITE CONTENT.

THE WEBSITE AND PRODUCTS (EXCEPT AS SET FORTH IN THE PURCHASE AGREEMENT) ARE PROVIDED “AS-IS” AND AS AVAILABLE AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE MAKE NO WARRANTY REGARDING THE THIRD PARTY SITES.

LIMITATION ON LIABILITY

IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE, PRODUCTS AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID RECOVERY CARE PRODUCTS IN THE PRIOR 12 MONTHS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

INDEMNITY

You agree to indemnify and hold Recovery Care Products, its parents, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, consultants, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Website or Products, (ii) your User Content, or (iii) your violation of this Agreement. Recovery Care Products reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Recovery Care Products. Recovery Care Products will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

TERM & TERMINATION

Subject to this Section, this Agreement will remain in full force and effect while you use the Website. We may (a) suspend your rights to use the Website (including your RCP Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Website in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your RCP Account and right to access and use the Website will terminate immediately. You understand that any termination of your RCP Account involves deletion of your User Content associated therewith from our live databases. Recovery Care Products will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your RCP Account or deletion of your User Content.

COPYRIGHT POLICY

Recovery Care Products respects the intellectual property of others and asks that users of our services do the same. In connection with our services, it is our policy to remove infringing materials and for the termination, in appropriate circumstances, of users of our online services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, please contact us and provide the following information:

• Your physical or electronic signature;

• Identification of the copyrighted work(s) that you claim to have been infringed;

• Identification of the material on our services that you claim is infringing and that you request us to remove;

• Provide sufficient information to permit us to locate such material;

• Your address, telephone number, and e-mail address;

• A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law;

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.

GENERAL

Changes to Terms of Service

This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Website. Any material changes to this agreement will be effective upon the earlier of 30 calendar days following our dispatch of an e-mail notice to you (if applicable) or 30 calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Website. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Governing Law
This Agreement shall be governed by the laws of the State of Texas

without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

Dispute Resolution
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

(a) Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and Recovery Care Products arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Website.

(b) YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND RECOVERY CARE PRODUCTS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND RECOVERY CARE PRODUCTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

(c) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary

Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Recovery Care Products must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in the county of Denton (Dallas), Texas.

The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in the county of Denton (Dallas), Texas. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in the county of Denton (Dallas), Texas.

Entire Agreement

This Agreement (which includes the Privacy Policy and any other rules posted on the Website) constitutes the entire agreement between you and us regarding the use of the Website. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation.

If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without RCP’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

Copyright/Trademark Information

Copyright © 2018, Recovery Care Products, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.