TERMS OF SERVICE AND CONDITIONS

PLEASE NOTE: SECTION 18 AND 19 CONTAIN A BINDING ARBITRATION CLAUSE AND SECTION 20 CONTAINS A CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH STREAMLINE MEDICAL GROUP. PLEASE READ IT.

This website is operated by Streamline Medical Group. Throughout the site, the terms “we”, “us” and “our” refer to Streamline Medical Group. Streamline Medical Group offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

The use of this application and/or site or any other site owned or maintained by Streamline Medical Group Naples LLC, a limited liability company organized and existing under the laws of Florida is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site signifies your acceptance of the terms and conditions set forth below. Your order placed on this site signifies your acceptance of the terms and conditions set forth below.

  1. I agree that products furnished by Streamline Medical Group are for my personal use only and for no other purpose. I will not share, sell or trade my product. I will safeguard my product from loss or theft and will be responsible for their safekeeping.
  2. I agree that I will use my product at the recommended rate and dosage and will keep the product in its respective labeled container.
  3. I agree and understand that federal regulations prohibit the return of my product furnished by Streamline Medical Group.
  4. I understand that the product offered by Streamline Medical Group and their physician(s) and physician assistant(s) are not accompanied by any claims, guaranteed, promises or warranties.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

You agree that you will not directly or indirectly export, re-export, or knowingly permit the export or re-export, of the Website or any Content to any country or otherwise use the Website or any Content in violation of any applicable export or other laws and regulations of the U.S. or any other country.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice at our sole discretion. If you are enrolled in one of our monthly subscription plans, you agree to any change in price on all orders which are in process as we are unable to edit or cancel the order at that point.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

SECTION 4 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We shall have no liability whatsoever to you for orders under our monthly plans that fail to ship because your credit card has expired.

For more detail, please review our Returns Policy.

SECTION 5- REFUND/RETURNS POLICY

ALL SALES ARE FINAL. By law, we cannot accept returns of this product. If you experience any issues with delivery or items, please contact us within 72 hours of receiving your shipment confirmation email.

If any of the following issues occur, please contact us at Support@StreamlineMedicalGroup.com within 72 hours of receipt of your order:

Damages Streamline Medical Group is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim. Please save all packaging materials and damaged goods before filing a claim.

SECTION 6- SHIPPING POLICY

Our goal is to ship your order out to you as fast as we possibly can. All orders are processed within 24-72 hours and shipped from the manufacturer within 3-5 business days. Orders are not shipped or delivered on weekends or holidays. Unfortunately, we are unable to ship orders to any PO BOX addresses. If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email or telephone. Once the order is in the “In Process,” “Getting Ready to Ship” or “Shipped” status, unfortunately the order cannot be edited or cancelled. If you would like to reroute your shipment to a different address, you may be subject to the fees that apply when rerouting. Please contact us at: Support@StreamlineMedicalGroup.com for additional charges. Shipping Rates The rate charged for the ground shipping of your order is $16.95. Overnight shipping will be $32.95. Additional shipping fees will apply to orders shipping to Hawaii and Alaska which will be determined at checkout. All orders to Hawaii and Alaska may take up to 10 days for delivery. Currently we cannot ship orders to Alabama. Shipping fees are subject to change without notice.

Carrier FedEx is used to deliver all orders.

Order Tracking If a tracking # is provided by FedEx, we will update your order with the tracking information.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “AS IS” and “AS AVAILABLE” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”),

you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. (LINK TO PRIVACY POLICY)

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or

participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “AS IS” and “AS AVAILABLE” for your use WE MAKE NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED.

In no case shall Streamline Medical Group, our directors, officers, employees, members, affiliates, agents, contractors, medical directors, physicians, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, warranty, tort (including negligence), indemnification strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation

of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Notwithstanding the above, the total liability of Streamline Medical Group with respect to you or any third party, whether based on contract, warranty, negligence, indemnification, strict liability or otherwise, shall not exceed the price paid of a single order of the Service. The liability limitations herein shall survive termination of the Terms of Service & Conditions.

SECTION 14 – INDEMNIFICATION

You shall indemnify, defend, and hold harmless Streamline Medical Group, its parents, affiliates and subsidiaries, their respective our directors, officers, members, employees, affiliates, agents, contractors, medical directors, physicians, interns, suppliers, service providers or licensors, and their respective heirs, legal representatives, successors and assigns (collectively the “Indemnified Parties”) from and against any and all claims, obligations, liability, actions, damages, injury, loss, and expenses (including without limitation reasonable attorneys and expert witness fees, court costs and expenses) that may be claimed or asserted by any third party against any of the Indemnified Parties in connection with the performance of the Terms of Service & Conditions by the Indemnified Parties or arising out of or related to your use of the Service, or your violation of any law or the rights of a third party. This indemnification shall survive termination of the Terms of Service.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – LEGAL DISPUTES; BINDING ARBITRATION

YOU AND STREAMLINE MEDICAL GROUP EACH AGREE THAT ANY AND ALL DISPUTES, CLAIMS OR CONTROVERSIES (THE “CLAIM”) THAT HAVE ARISEN OR MAY ARISE BETWEEN YOU AND STREAMLINE MEDICAL GROUP RELATING IN ANY WAY TO OR ARISING OUT OF THIS OR PREVIOUS VERSIONS OF THE TERMS OF SERVICE, YOUR USE OF OR ACCESS TO THE SERVICES, OR ANY PRODUCTS OR SERVICES SOLD, OFFERED, OR PURCHASED THROUGH STREAMLINE MEDICAL GROUP SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT. AS A PRECONDITION TO INITIATING ARBITRATION PROCEEDINGS, THE PARTIES SHALL FIRST RESOLVE THE CLAIM THROUGH FORMAL MEDIATION. EITHER PARTY MAY MAKE THE DEMAND FOR MEDIATION WHICH SHALL BE IN WRITING AND SENT TO THE OTHER PARTY VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED. MEDIATION SHALL BE COMPLETED WITHIN 60 DAYS OF THE DEMAND FOR MEDIATION, UNLESS MUTUALLY AGREED IN WRITING TO BE EXTENDED BY THE PARTIES. THE PARTY INITIATING THE MEDIATION SHALL FURNISH A LIST OF 5 MEDIATORS IT RECOMMENDS SHOULD BE CONSIDERED TO MEDIATE THE PARTIES’ CLAIMS. THE NON-INITIATING PARTY SHALL CHOOSE A MEDIATOR FROM THE LIST OF 5 MEDIATORS.

Expenses of the mediation, and if applicable, the expenses for the arbitration, shall be shared equally by the parties.

SECTION 19 – GOVERNING LAW

The parties each agree that the substantive laws of the State of Florida, without regard to principles of conflict of laws, will govern the Terms of Service and the Claim. Venue shall be in Collier County, Florida, including the location for the mediation conference. The arbitration proceeding shall be governed and conducted in accordance with the provisions of the American Arbitration Association’s Healthcare Payor Provider Arbitration Rules, or such other American Arbitration Association’s rules that Streamline Medical Group shall

determine at its sole discretion. The parties, however, shall not use the American Arbitration Association as a case manager or facilitator, or file the Claim through AAA.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve the Claim arising out of or relating to the interpretation, applicability, enforceability or formation of this arbitration provision, any part thereof, the Terms of Service, or related to your use of the Service, including, but not limited to, any claim that all or any part of the arbitration provision or Terms of Service is void or voidable.

No suit at law or in equity based on the Claim shall be instituted by either party, except to enforce the award of the arbitrator.

SECTION 20 – CLASS ACTION WAIVER

Class action lawsuits, class-wide arbitrations, private attorney general actions, and any other proceeding where someone acts in a representative capacity are not allowed. Nor is combining individual proceedings without the consent of all parties.

SECTION 21 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 – SUCCESSOR AND ASSIGNS

The Terms of Service inures to the benefit of, and is binding on, the heirs, legal representatives, and successors of the parties. In Streamline Medical Group’s sole discretion, we may assign the Terms of Service.

SECTION 23 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at Support@StreamlineMedicalGroup.com

SECTION 24 – COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are: ©2018 Streamline Medical Group Naples LLC d/b/a Streamline Medical Group. All rights reserved. Streamline Medical Group is not responsible

for content on websites operated by parties other than Streamline Medical Group. Streamline Medical Group, its logo and all other product or service names or slogans displayed on the site are registered and/or common law trademarks of Streamline Medical Group, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Streamline Medical Group. In addition, the look and feel of the site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Streamline Medical Group and may not be copied, imitated or used, in whole or in part, without the prior written permission of Streamline Medical Group.