Terms & Conditions

Date of Last Revision: 07/17/2021
AMONG OTHER ACTIVITIES, GOALSRX’S SERVICES ENABLE COORDINATION AND
COMMUNICATION WITH A HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR
RELATIONSHIP WITH ANY PHYSICIAN. THESE SERVICES MIGHT NOT BE
APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR Medical Provider
OR DIAL 911.

PLEASE READ THESE TERMS AND CONDITIONSCAREFULLY BECAUSE THEY SET
FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.
YOU UNDERSTAND THAT BY ACCESSING OR USING THE SITES OR SERVICES, YOU
ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE
LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT
OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE
THE SITES OR ANY SERVICES PROVIDED ON OR THROUGH THE SITES.
THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

 

INTRODUCTION

GoalsRx LLC and their respective affiliates (collectively, “GRx”, “we ”, “us”, or “our”) own and
operate the website located at www.goalsrx.com (collectively, the “Website”, and collectively
with any affiliated mobile application (“App”), the “Sites”). The Sites is intended to facilitate the
provision of the Services to registered users. The “Services” may include (i) providing individuals
with information on health care and wellness (“Content”); (ii) providing individuals with
pharmacy services; (iii) providing individuals with access to technology-oriented tools for dietary,
exercise, and lifestyle coaching; (iv) development and gathering of health care records and health
care information with retention of the same for use in health care provider appointments,
communications, and pharmacy services; (v) administrative support in connection with
scheduling, payment for health care provider services, and payment for pharmacy services; and
(vi) telecommunications support for using the Services as a means of direct access to health care
providers provided by GoalsRx, LLC and similar affiliated professional entities for
communication, consultations, assessments, and treatment by such health care organizations and
their providers.
These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities with
regard to the GRx Sites that you may use to receive Services. Your access to and use of the Sites
is subject to these Terms of Use, our Privacy Policy GoalsRx.com/privacy, as well as all applicable
laws and regulations. In these Terms of Use, the terms “you” and “yours” refer to the person using
the Services. Even though you may have arrived to the Sites through a website or mobile
application operated or controlled by a third party, including by an affiliate of GRx, you understand

and agree that these Terms of Use are entered into between you and GRx. If you do not accept and
agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the
Sites, Services or any information or Content provided through the Sites or Services. The Sites and
Services are continually under development, and GRx reserves the right to review or remove any
part of these Terms of Use in its sole discretion at any time and without prior notice to you. You
should check the Terms of Use from time to time when you use the Sites or Services to determine
if any changes have been made. Any changes to these Terms of Use are effective upon posting to
the Sites. Unless otherwise indicated, any new Content added to the Services is also subject to
these Terms of Use upon posting to the Sites. If you disagree with these Terms of Use, your sole
and exclusive remedy is to discontinue your use of the Sites and/or Services. Your continued use
after a change has been posted constitutes your acceptance of the changes.

 

AVAILABILITY

Certain of our Services are currently only available to individuals located in certain states.

 

ELIGIBILITY

In order to qualify to use the Services, the following must be true:
x You are age 18 or over.
x You are located in a State Where We Operate (depending on the type of Services).
x You agree to be legally bound by and comply with these Terms of Use.
You understand and agree that satisfying the above requirements does not guarantee that you will
receive Services through GRx. In addition to the above requirements, GRx and certain affiliated
professional entities reserve the right to change or include new requirements as deemed appropriate
in their sole discretion without providing prior notice to you.

 

REQUIREMENTS FOR USE

You must have compatible computing and/or mobile devices, access to the Internet, and certain
necessary software in order to use the Sites. You must be able to provide Personal Identification
Information and/or documentation evidencing your identity. Fees and charges may apply to your
use of the mobile services and to the Internet.

 

SPECIAL CONSENT TO TELEHEALTH SERVICES

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:
x Electronic transmission of medical records, photo images, personal health information, or other
data between a patient and health care provider;
x Interactions between a patient and health care provider via audio, video, and/or data
communications; and
x Use of output data from medical devices, sound, and video files.
The electronic systems used in the Services will incorporate network and software security
protocols to protect the privacy and security of health information and imaging data, and will
include measures to safeguard the data to ensure its integrity against intentional or unintentional
corruption.

Please see our Consent to Telehealth available on the Site goalsrx.com/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.

 

PRIVACY POLICY

GRx understands the importance of confidentiality and privacy regarding your health information.
Please see: (1) our Privacy Policy available on the Sites goalsrx.com/privacy for a description of
how we may collect and use your personal information, (2) the GRx Professionals Notice of
Privacy Practices applicable to GoalsRx, LLC and similar affiliated professional entities for a
description of how these entities may use and disclose your medical information and how you may
access that information, and (3) the Consent to Telehealth. The Privacy Policy, GRx Professionals
Notice of Privacy Practices, and Consent to Telehealth are hereby incorporated into these Terms
of Use by reference and constitute a part of these Terms of Use.

 

YOUR RELATIONSHIP WITH GRx

GRx provides medical services via the Sites and Services. The health and wellness resources made
available through our Services are not a substitute for direct in-person health care services in all
cases. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and
the health care provider. By accepting the Consent to Telehealth and Terms of Use, you agree and
consent to GRx, GRx affiliates, or health care providers sending you disclosures, notices,
messages, reports, and other communications. It is your responsibility to monitor these
communications. You acknowledge and agree that you will not hold us or any GRx affiliate liable
for any loss, injury, or claim of any kind resulting from your failure to read these communications
or for your failure to comply with any treatment recommendations contained in these
communications.

 

CONSULTATIVE SERVICE

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

 

SITE CONTENT

Except for specific communications received from GoalsRx LLC or affiliate health care
organizations and providers, none of the Content you receive through the Sites should be
considered medical advice.

 

REGISTRATION AND USER ACCOUNTS

Although certain parts of the Sites are accessible by any individual, you are obligated to register
with GRx in order to access the Services. The Services are available only to users who have
registered with GRx and to other persons affiliated with GRx who have been granted accounts
with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to provide
information that is accurate, complete and correct, and to accurately maintain and update any
information about yourself that you have provided to GRx. If you do not maintain such
information, or GRx has reasonable grounds to suspect as much, GRx has the right to suspend or
terminate your account and your use of the Services. You also agree to immediately notify GRx
of any unauthorized use of your username, password or any other breach of security that you
become aware of involving or relating to the Services by emailing GRx at help@goalsrx.com. GRx
may take any and all actions it deems necessary or reasonable to maintain the security of the Sites,
Services and your Secure User account.
You agree to keep confidential your username and password and to exit from your Secure User
account at the end of each session. You are responsible for all activities that occur under your
account and for maintaining the confidentiality of your personal identification number and
password. You are responsible for changing your personal identification number promptly if you
think it has been compromised. You may not transfer or share your password with anyone, or
create more than one account. You may not use anyone else’s account at any time. GRx explicitly
disclaims liability for any and all losses and damages arising from your failure to comply with this
section. You acknowledge and agree that: (1) all or any part of the Sites may not be accessible at
any time, for any period, or for any reason; and (2) GRx will not be liable if for any reason all or
any part of the Sites are unavailable at any time or for any period.

 

ACCESS RIGHTS AND PROHIBITED USE

Subject to your compliance with these Terms of Use, 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 of Use, the Consent to Telehealth, and the Privacy Policy. No
other right, title, or interest in or to the Sites is transferred to you, and all rights not expressly
granted are reserved by GRx or its licensors. We reserve the right, in our sole discretion, to deny
or suspend use of the Sites or Services to anyone for any reason. You agree that you will not, and
will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation
with a person or entity; (b) use the Sites or Services to violate any local, state, national or
international law; (c) reverse engineer, disassemble, decompile, or translate any software or other
components of the Sites; (d) distribute, input, upload, transmit, or otherwise run or propagate any
virus, application, Trojan horse, or any other harmful computer code that could damage or alter a
computer, portable device, computer network, communication network, data, or our Sites, or any
other system, device, or property; (e) access or use the Sites in any manner or for any purpose that
infringes, misappropriates, or otherwise violates any intellectual property right or other right of
any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute or otherwise

commercially exploit or make available to any third party the Sites, Services or related materials
in any way; (g) use or access the Sites to create or develop competing products or services or for
any other purpose that is to GRx’s detriment or commercial disadvantage; (h) take any action or
use the Sites in any manner which could damage, destroy, disrupt, disable, impair, overburden,
interfere with, or otherwise impede or harm in any manner our Sites or any content, in whole or in
part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to
our Sites or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair,
descramble, or otherwise circumvent any security device, protection, or technological measure
implemented by GRx or any of our service providers to protect our Sites; (k) remove, delete, alter,
or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark,
patent, or other intellectual property or proprietary rights notices from our Sites or any content
made available to you on or through our Sites; (l) use any manual process or automated device to
monitor or copy any content made available on or through our Sites for any unauthorized purpose
except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system,
publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as
a component of or as the basis for a database or otherwise use in any form or by any means any
data, text, reports, or other materials related to GRx or third-party content from the Sites; (n)
otherwise use the Sites in any manner that exceeds the scope of use granted above; or (o) encourage
or enable any other individual to do any of the foregoing.

 

OWNERSHIP OF INFORMATION SUBMITTED VIA THE SITES

With the exception of any personal data or information you submit maintained in accordance with
our Privacy Policy (which may be governed by the Health Insurance Portability and Accountability
Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time
(collectively, “HIPAA”) or related state-specific privacy laws and regulations), you understand
and agree that any information you provide to GRx on or through the Sites or Services, whether
by direct entry, submission, email or otherwise, including, but not limited to, data, questions,

comments, forum communications, or suggestions, will be treated as non-confidential and non-
proprietary and will become the property of GRx and/or (i) similar affiliated professional entities,

or (ii) individual health providers utilizing the Services.
Such information may be used for any purpose, including, without limitation, reproduction,
solicitation, disclosure, transmission, publication, broadcast, and posting. GRx shall be free to use
any ideas, concepts, know-how, or techniques contained in any communication you send to GRx
via the Services or by any other means for any purpose whatsoever, including, without limitation,
developing and marketing products using such information.
For any personal data or information subject to the foregoing exception, and to the extent permitted
by law, you: (1) understand and agree that any such information provided by you may be used,
copied or displayed by GRx, GRx may create derivative works of any such data, and GRx may
provide such data to our service providers, our successors and affiliated health care providers, and
their affiliated professional entities, in performance of their services; and (2) grant GRx, our
service providers, our successors and affiliated health care providers, and their affiliated
professional entities, the fully transferable and sublicenseable right and license to use, reproduce,
modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or
information you submit on or through the Sites for the purposes of providing services to you;

conducting research or analyses of such data; and designing, developing, implementing, modifying
and/or improving new, current or future features, products and services of GRx using such data.

 

OWNERSHIP OF SITE CONTENT

As between GRx and you, GRx is the sole and exclusive owner of all right, title and interest in and
to the Sites and their content, features and functionality (including, without limitation, all
information, software, text, displays, images, video, audio, design, selection, arrangement and look
and feel), other Content, and all intellectual property rights therein, and any suggestions, ideas or
other feedback provided by you. You are not permitted to reproduce, publish, distribute, modify,
create derivative works of, publicly display, publicly perform, republish, download, store,
transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the
material on our Sites except as generally and ordinarily permitted through the Sites according to
these Terms of Use. Any copy, modification, revision, enhancement, adaptation, translation, or
derivative work of the Sites or Content shall be owned solely and exclusively by GRx or its
licensors, including all intellectual property rights therein. You may not access or use for any
commercial purposes any part of the Sites or Content.

 

TRADEMARKS

Certain names, logos, and other materials displayed in and through the Sites may constitute
trademarks, trade names, service marks or logos (“Marks”) of GRx or its affiliates. You are not
authorized to use any such Marks without the express written permission of GRx. Ownership of
all such Marks and the goodwill associated therewith remains with us or our affiliates.

 

LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES

The Sites may contain hyperlinks or references to other websites (“Linked Sites”) operated by
third parties. The Linked Sites 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 Linked Site,
including, without limitation, any link contained in a Linked Site, or any changes or updates to a
Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion
of any link does not necessarily imply endorsement of the Linked Site or any association with its
operators. Your use of these Linked Sites 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 Linked Sites.
You may have arrived to the Sites through a Linked Site, including a Linked Site controlled by a
parent, subsidiary or affiliate of GRx. You understand and agree that we are not responsible for
the information, products or services described on those Linked Sites and only these Terms of Use
will apply to your use of or access to the Sites.

 

TERMINATION

The Terms of Use will remain in full force and effect as long as you continue to access or use the
Sites or Services. You may terminate the Terms of Use at any time by discontinuing use of the
Sites. Your permission to use the Sites automatically terminates if you violate these Terms of Use.
GRx may terminate or suspend any of the rights granted by these Terms of Use and your access to
and use of the Sites or Services with or without prior notice, for any reason, and at any time. The
following provisions survive the expiration or termination of these Terms of Use for any reason

whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law,
Dispute Resolution, Arbitration, Venue, Severability of Provisions; No Waiver; and Assignment.
Subject to applicable law, GRx reserves the right to maintain, delete or destroy all communications
and materials posted or uploaded to the Sites pursuant to its internal record retention and/or content
destruction policies. After such termination, GRx will have no further obligation to provide the
Services, except to the extent an affiliated professional entity is obligated to provide you access to
your health records or is required to provide you with continuing care under applicable legal,
ethical and professional obligations to you. You agree that if your use of the Services is terminated
pursuant to these Terms of Use, you will not attempt to use the Services in any way, and further
agree that if you violate this restriction after such termination, you will indemnify and hold GRx
harmless from any and all liability that GRx may incur therefore.

 

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. YOU
ACKNOWLEDGE AND AGREE THAT THE SITES AND ANY SERVICES ARE PROVIDED
THROUGH THE SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS. GRX AND ITS
AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PROFESSIONAL
ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS,
MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”)
MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH
RESPECT TO THE SITES AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY,
FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE,
AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT,
VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE,
COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR
SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR
REPRESENTATIONS THAT YOUR USE OF THE SITES OR SERVICES WILL NOT
INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER GRX NOR ITS RELATED
PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR
RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES. IT IS YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS,
RELIABILITY OR USEFULNESS OF THE SITES. FURTHERMORE, GRX DOES NOT
GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED, OR FREE FROM ERROR,
DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES,
INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND GRX
DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR
INFORMATION OBTAINED THROUGH THE USE OF THE SITES ARE USED AT YOUR
SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.

 

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW
AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL GRX, ITS
RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY
CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR
EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT
LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT
NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE
INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE,
OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES
FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH,
ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY
TO USE) THE SITES OR ANY SERVICES PROVIDED THROUGH THE SITES, OR OTHER
INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES.
THIS IS TRUE EVEN IF GRX OR RELATED PERSONS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or
limit liabilities, the scope and duration of such warranty and the extent of our liability will be the
minimum permitted under such applicable law.

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless GRx, its affiliates (including without limitation
all affiliated professional entities), subsidiaries, and their directors, officers, employees,
contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants,
principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and
against any and all third-party suits, actions, claims, proceedings, damages, settlements,
judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without
limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or
arising from, or alleged to arise from, your use of materials or features available on the Sites in an
unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these
Terms of Use.

 

MODIFICATIONS TO THE SITES

GRx reserves the right at any time and for any reason to modify, or temporarily or permanently
discontinue, the Sites or Services or any portion thereof, with or without notice. You agree that
GRx shall not be liable to you or to any third party for any modification, suspension, or
discontinuance of the Sites or Services.

 

PHARMACY SERVICES

If you receive a prescription as a result of the Services, you may select one of our partner
pharmacies (collectively, the “GRx Pharmacy Network”) to ship your prescription. You give us
consent to send and disclose to the GRx Pharmacy Network all information provided by you, health

care records, and other applicable health care information and personal information (such as your
name, location and demographic information) so that you may receive pharmacy services.

 

PACKAGING AND FULFILLMENT RESTRICTIONS

If you select to use the GRx Pharmacy Network to fulfil any prescriptions provided by health care
providers through the Services, you acknowledge that your medication, if approved, will not be
shipped in child-resistant packaging and that you must keep it out of the reach of children.

 

PAYMENT

You agree to pay all fees due for services requested. You will see a prompt for your payment
details, such as your credit card information and any promotional codes you may have. By entering
your payment information and submitting your request, you authorize us, our affiliates, or our
third-party payment processors to charge the amount due.
You understand and agree that you are responsible for all fees due to receive health care services
and pharmacy services, including any fees charged by the health care organization(s) or
provider(s). Your payments to GRx may include fees charged by health care organization(s) or
provider(s) for health care services and/or pharmacy services, which GRx collects on their behalf.
Any health care services or pharmacy services not made available through the Services are not
included in the payments collected by GRx and you may be separately charged by the applicable
health care providers for such services. In the event that your credit card expires or GRx, our
affiliates, or our third-party payment processors are unable to process your payment, you may
receive notice for you to provide an alternative payment method. GRx and/or the health care
organization(s) and/or provider(s) have no obligation to provide any health care services or
pharmacy services unless and until full payment has been received and/or verified.

 

SPECIAL NOTICE TO MEDICARE AND MEDICAID BENEFICIARIES

Federal and state health care programs, such as Medicare and Medicaid, do not pay for all health
care costs, even for some health care services and products that you or your health care provider
have good reason to think you need. If you are a beneficiary of a federal or state health care
program, and such program does not pay for certain services or products rendered to you, you may
have to pay for these services and products. As we understand it, neither federal nor state health
care programs currently pay for any of the medical services or products made available through
the Services performed by affiliated health care organizations or providers, at least not in the way
such services or products are provided (i.e., using telemedicine and bundled treatment offerings).
By agreeing to use the Services, you acknowledge and agree that: (1) you will pay directly for any
medical services and products provided to you, and (2) neither GRx nor any GRx affiliated health
care organization or provider will bill any federal or state health care program for such medical
services or products.

GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; VENUE;
SEVERABILITY OF PROVISIONS

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND GRX
TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL

ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM
GRx
These Terms of Use and your use of the Sites shall be governed by the laws of the State of Florida,
without giving effect to the principles of conflict of laws. Any dispute arising under or relating in
any way to these Terms of Use will be resolved exclusively by final and binding arbitration in New
York, New York under the rules of the American Arbitration Association, except that either party
may bring a claim related to intellectual property rights, or seek temporary and preliminary specific
performance and injunctive relief, in any court of competent jurisdiction. The parties agree that
the courts located in New York, New York shall have exclusive personal jurisdiction, subject
matter jurisdiction, and venue for any such claim.
All parts of these Terms of Use apply to the maximum extent permitted by law. GRx and you both
agree that if we cannot enforce a part of this contract as written, then that part will be replaced
with terms that most closely match the intent of the part we cannot enforce, to the extent permitted
by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability
of the remaining provisions. The section headings are for convenience only and do not have any
force or effect.

 

NO WAIVER

No waiver by GRx of any term or condition set forth in these Terms of Use shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other term or condition,
and any failure by GRx to assert a right or provision under these Terms of Use shall not constitute
a waiver of such right or provision.

 

NO AGENCY RELATIONSHIP

Neither these Terms of Use, nor any Content, materials or features of the Services create any
partnership, joint venture, employment, or other agency relationship between us and you. You may
not enter into any contract on our behalf or bind us in any way.

 

REMEDIES

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an
unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You
also agree that monetary damages would be inadequate for such harm and consent to our obtaining
any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in
addition to any other remedies we may have at law or in equity.

 

ASSIGNMENT

You may not assign any of your rights under these Terms of Use, and any such attempt will be
null and void. GoalsRx, LLC. and their affiliates may, in their individual discretion, transfer,
without further consent or notification, all contractual rights and obligations pursuant to these
Terms of Use if some or all of the business of GRx is transferred to another entity by way of
merger, sale of its assets or otherwise.

 

DIGITAL MILLENNIUM COPYRIGHT ACT

GRx reserves the right to remove any content or any other material or information available on or
through our Sites, at any time, for any reason. GRx 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 GRx
Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or
material made available on or through our Sites, you may submit a notification to our Designated
Agent at the following address:
Alex Joseph at designatedagent@goalsrx.com
Any notification to GRx under 17 U.S.C. § 512(c) alleging copyright infringement must include
the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the
exclusive right being infringed;
2. An identification of the copyrighted work or other intellectual property that you claim has been
infringed or, if multiple copyrighted works are covered by a single notification, a representative
list of such works;
3. An identification of the content or material that you claim is infringing and where it is located on
our Sites;
4. Information sufficient for GRx to contact you, such as your address, telephone number, and/or
email address;
5. A statement by you that you have a good-faith belief that the use of the content or material of
which you are complaining is not authorized by the copyright owner, its agent, or the law; and
6. A signed statement by you that the above information in your notice is accurate and that, under
penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s
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COMMUNICATIONS BY TEXT MESSAGE AND EMAIL

By opting-in to receive text (SMS) messages from GRx or by sending GRx an initial text message (an “SMS Enrollment”), you consent to receiving text messages regarding your GRx account and use of the Sites and Services. These text messages may include order confirmations, shipping notifications, messages from your healthcare provider, and other transactional messages, as well as promotional and marketing notifications, to the extent you have opted-in to receive such messages from GRx.

With your SMS Enrollment, you represent and understand that: (1) you are the owner or authorized user of the mobile device you used in order to initiate the SMS Enrollment, (2) you are authorized to approve any applicable charges in connection with the text messages you send to and receive from GRx, (3) you will be responsible for all messaging and other data charges that may apply for any text messages sent to you from GRx, or from GRx to you, and (4) neither GRx, nor your or GRx’s mobile carriers, will be liable for delayed or undelivered messages.

Note that access to the Services and the Sites is not conditioned upon your consent to receive marketing or promotional text messages from GRx, and you can opt-out of any of GRx’s SMS services at any time by texting “STOP” to the message received, from the mobile device that is subscribed to receive the SMS messages. After you send the text message “STOP” to us, we may send you one final text message to confirm that you have been unsubscribed. If you have opted-in to receive more than one type of text message from GRx, you will need to opt-out of each GRx SMS service to which you are subscribed. Until you have done so, you may continue to receive the types of text messages from GRx that you have opted-in to receive but have not unsubscribed from.

You also understand that while GRx takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from GRx are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk. By initiating an SMS Enrollment, you consent to sending text messages to GRx, and receiving text messages from GRx, that are not encrypted. Likewise, by emailing GRx or giving GRx your email, you consent to receive unencrypted emails messages from GRx.

If you are experiencing any issues with GRx’s text messaging or email services, or if you have any concerns about sending or receiving any sensitive information through text or email, please contact us directly at support@goalsrx.com or call us at 855-462-5779. If you have questions specific to your text or data plan, please contact your wireless provider.

 

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