Website and Mobile Application Terms of Use

Empower Clinic Services, L.L.C. d/b/a/ Empower Pharmacy provides a website and a mobile application: empowerpharmacy.com (“Website”) and Empower Mobile Application (“App”), available for both iPhone and Android.

The Website and the App are referred to collectively in this Term of Use as the “Site" subject to your compliance with the terms, conditions, and notices set forth below (“Terms”).

Site Terms of Use

The Site is not a substitute for direct care and should not be used for emergencies or urgent matters that could affect your health. If you have a medical emergency, call your healthcare provider, dial 911, or go to the nearest emergency room. DO NOT USE THIS SITE FOR URGENT OR EMERGENCY MATTERS.

Please read these Terms carefully before you use the Site as they are a legal agreement between you and Empower once they are accepted. By clicking “ACCEPT” or other similar icon, or otherwise by accessing or using any of the Services, you accept and agree to be bound by these Terms.

Please also review our Privacy Policy to learn about our information collection, use, and privacy practices associated with the Site.

User Age and Eligibility

Access to the Site is restricted to adults who agree to these Terms. By accessing the Site, you affirm (1) that you are at least eighteen (18) years old and possess the legal right and ability to enter into and follow these Terms; and (2) the registration and account information you submit is accurate, true, current and complete. It is unlawful to misrepresent yourself to gain access to someone else’s health data and unauthorized activities may be subject to prosecution. Your access to and use of the Site are subject to all applicable federal, state, local and international laws and regulations. All patient information viewed through the Site is strictly confidential and is subject to the protections of applicable state and federal law.

Your Permission to Use the Services

Empower grants you limited personal permission to access and use the Site in accordance with these Terms. You agree not to transmit content or information that you do not have the right to transmit or that infringes the right of any party, and you agree to use the Site in compliance with all applicable laws. Your permission may terminate immediately, without further action by Empower, if you breach these Terms. You may not transfer or assign your permission to any other party.

Proprietary Rights

You understand that the Site may be subject to patent, copyright, trademark or other intellectual property protection and that the ownership of software and other intellectual property related to the Site, as well as the goodwill associated therewith, remains with Empower or its licensors. You agree that any improvements or other changes to the Site are the sole property of Empower.

Empower is the owner or licensee of all rights in the Site, its content, software, and related services. You have no right to such content, software or services if not expressly granted in these Terms. “Empower”, “Empower Pharmacy”, “Empower Pharma”, and related logos and marks are owned by Empower. All other trademarks that may appear on the Site are the marks of their respective owners. No right, title or interest in those trademarks is granted you in these Terms.

Enrollment

Your enrollment on the Website and Mobile Application is contingent on verification of your identity. When you enroll in the Mobile Application, you may receive an access code via SMS. This access code will permit you to create a user identification and password, which will be used to log in to the website and mobile application. These SMS invitations are valid for a limited time (6 minutes). Once expired, you can no longer utilize the SMS invitation to create an account and will have to request another SMS invitation. You may be subject to charges for SMS messaging from your wireless provider depending upon your service plan.

Your Account

Your information on the Site is protected by your user identification and password. You are responsible for the safety of your login information and for restricting access to your devices, and you agree to accept responsibility for all activities that occur under your account or password. You agree that any registration information you provide on the Site will be accurate and complete.

The security of your health information on the Site is dependent upon selecting a secure password and keeping it safe. For your security, we recommend you select a password between eight (8) and twenty (20) characters long that contains at least one (1) letter and one (1) number. Passwords should not contain words, your social security number, date of birth, or any easily guessed information.

It is important that you keep your username and password confidential, as anyone who knows them may access your confidential medical or other information. Please notify Empower immediately and change your password if you believe the security of your information has been compromised. You can change your password by selecting the “Forgot Password” link on either the Site homepage or the mobile application menu. If you misuse or abuse your access to the Site, Empower may discontinue your access without prior notice.

Your Health Information

By using the Site, you provide Empower the right to release your protected health information to you via the Site, SMS, or email including, but not limited to your name, address, and medications. The information available on the Site is not your complete medical record. You may obtain a complete copy of your Empower medical record by submitting an appropriate HIPAA records request.

The Site is offered as a convenience to you as an Empower patient, and you are solely responsible for any communication of your health information, whether intentionally or not, to others.

Your Privacy

Empower considers your privacy to be of vital importance. Please review our Privacy Policy which explains how Empower may use and disclose protected health information.

Information Sent by Your Mobile Device

We collect certain information that your mobile device sends when you use the Mobile Application, including device identifier, user settings, and the operating system of your device, as well as information about your use of the Site.

When you use the Site on your mobile device, we collect information about your location by converting your IP address into a rough geo-location or by accessing your mobile device’s GPS coordinates or by proximity to a Bluetooth beacon or course location. We may provide third party carriers with shipping and tracking data for medication orders. We use location information to provide location services such as carrier/shipping services. If you do not want us to collect location information, you may disable location-sharing on your mobile device, but you will not be able to utilize the location-enabled services of the Site.

Email Opt-out

We may periodically send you email with information related to your prescription orders, account deletion, or other information. You can unsubscribe from our email by clicking on the “unsubscribe” link in the bottom of the newsletter or by adjusting your email subscription preferences on the Site.

Empower must send you email related to delivery of your health care, including, but not limited to, medication orders and messages related to your account. You will not be able to opt out of these communications if you wish to continue using the Site.

Electronic Communications, Including SMS Text Messages

Empower may send you secure messages through the Site, via email, that contain confidential medical information. All communications through the Site take place via a secure Internet connection and are subject to state and federal laws protecting medical information. You will

receive electronic mail notifying you of order updates or that new information is available on the Site. We may also use a third-party provider to send you SMS messages for other use cases. SMS Message frequency will vary. By agreeing to these terms, you agree to our use of SMS messaging.

You can opt out by adjusting your preferences in the app's settings, as texting "STOP" is not an option after opting in through the app.

Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless carrier.

For any questions regarding privacy and data usage, please read our Privacy Policy.

Security

While Empower takes measures to safeguard your security, we cannot guarantee absolute security of the system against inadvertent disclosure or intentional intrusion. The use of electronic communication systems such as the World Wide Web (including secure messaging) for communications has a number of risks that users should consider before use. Such risks include, but are not limited to, the following:

Electronic communications can be copied, circulated, forwarded, and stored in numerous paper and electronic files. Electronic communications can be accidentally broadcast worldwide and received by many unintended recipients. Backup copies of electronic communications may exist even after the originator or recipient has deleted his or her own copy. Employers and online services have a right to archive and inspect emails transmitted through their systems.

Message senders can misaddress a message. Messages can be intercepted, altered, forwarded, or used without written permission or detection. Email notifications can be used to introduce viruses into computer systems. Electronic communications may not be answered in the timeframe expected by the parties or they can be misinterpreted.

Electronic Communications are Discoverable and Can Be Used as Evidence in Court

Passwords providing access to electronic communications can be stolen and misused, or host systems can be compromised, leading to unauthorized disclosures of personal information.

As a result of these risks, Empower cannot guarantee the security and confidentiality of messages and other communication submitted through the Site and you agree that Empower is not liable for improper disclosure of confidential information.

Accuracy and Integrity of Information

Empower attempts to ensure the accuracy and integrity of information on the Site but makes no guarantees. Your information within the Site may include typographical errors, inaccuracies, or other errors. Should you find any information to be inaccurate, please submit a written and signed

request to Empower, at the address in the questions section below explaining which information is inaccurate and how it should be corrected. Information contained within the Site may be changed or updated without notice. Submission of a signed request does not guarantee the information will be updated nor create a timeframe for updates.

Application Availability

Although Empower works to communicate when the Site will be unavailable due to maintenance, backup, or other system outages, providing such advance notice may not be possible at all times, and Empower cannot guarantee that you will be able to access the Site at any particular time. During times when the Site is unavailable, other communication methods (such as the telephone) should be used to contact Empower.

License and Restrictions

Empower grants you a limited, revocable, nontransferable and nonexclusive license to access and make personal use of the Site and the accompanying services in accordance with these Terms. You may not reproduce or copy Empower’s website, mobile application, or contents thereof, or modify any content or proprietary notices from materials downloaded or printed from the Site. You are not allowed to: use the Site for the benefit of a third party or for personal financial benefit; create derivatives of the Site or its contents; transmit or provide content from the Site to a third party; incorporate content from the Site in third-party product; use data-mining, robots, or similar data gathering and extraction tools; or use the Site in contravention to applicable law. The Site and all of its content is the property of Empower, its licensees, or its content providers, protected by United States and international copyright and other laws, and cannot be reproduced, duplicated, copied, published, sold, visited, or otherwise exploited for any commercial purpose without express written consent from Empower. You may not use any Empower logo, graphic or trademark as part of the link without express written permission from Empower. Any unauthorized use automatically terminates the licenses and permission granted above by Empower. Empower and its affiliates reserve the right to block access, refuse services, or remove or edit content in connection with the Site.

Links to Other Sites/ Third-Party Content

The Site may contain links to third-party Internet sites and content, or you may choose to use third party services in conjunction with your use of the Site, (“Third-party Content”) that are not owned or maintained by Empower. Any links to Third-party Content are included for your convenience and do not imply approval or endorsement by Empower. Such Third-party Content may include, but are not limited to, carrier or shipping services, location services, and other third-party offerings. Empower makes no warranties or representations and disclaims any responsibilities for the content of, and products or services offered by, Third-party Content. Further, Empower makes no warranties and disclaims any responsibility for the content, products, or services offered or provided by our licensors and contained in the Site. Use of Third-party Content may result in your

information being used and/or stored by a third party. If you decide to use Third-party Content, you do so entirely at your own risk and subject to the terms and conditions of such Third-party Content providers.

Warranties and Disclosures

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” EMPOWER MAKES NO, AND HEREBY DISCLAIMS ANY, WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. FURTHER, EMPOWER DISCLAIMS ANY WARRANTY THAT THE SITE OR ANY COMPONENT THEREOF WILL BE AVAILABLE AT ALL TIMES OR OPERATE WITHOUT INTERRUPTION OR ERROR. EMPOWER MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES OR INFORMATION PROVIDED THROUGH THE SITE. USE OF INFORMATION OBTAINED FROM OR THROUGH THE SITE IS AT YOUR OWN RISK.

Limitations of Liability; Indemnity

IN NO EVENT WILL EMPOWER OR ANY OF OUR AFFILIATES OR RESPECTIVE OFFICERS, TRUSTEES, DIRECTORS, EMPLOYEES, VOLUNTEERS, REPRESENTATIVES, AGENTS, OR CONTRACTORS BE LIABLE TO YOU (WHETHER UNDER CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR ANY OTHER THEORY) FOR: (i) ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING DEFAMATION, ERRORS, INACCURACIES, DEFECTS, OR LOSS OF USE, DATA OR INFORMATION) ARISING OUT OF OR RELATED TO USE OF OR INABILITY TO USE THE SITE, ANY RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR (ii) DAMAGES ARISING OUT OF OR RELATING TO USE OR INABILITY TO USE THE SITE, ANY RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, OR THESE TERMS EXCEEDING, IN THE AGGREGATE FOR ALL CLAIMS, ONE HUNDRED UNITED STATES DOLLARS ($100.00).

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN YOU AND EMPOWER. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND EMPOWER. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THESE TERMS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

EXCEPT TO EXTENT PROHIBITED BY APPLICABLE LAW, EMPOWER’S LIABILITY TO YOU IS LIMITED AS SET FORTH IN THIS SECTION. BECAUSE SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

In consideration for use of the Site, you, on behalf of yourself and your heirs, executors, administrators, legal representatives, and personal representatives, hereby release, waive, acquit and forever discharge Empower from and against, and covenant not to sue Empower for, all claims you have or may have arising out of or in any way related to the Site or these Terms. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

In addition, you agree to indemnify Empower and its affiliates, trustees, officers, directors, employees, students, volunteers, representatives, agents, and contractors (collectively, “Indemnified Parties”) from and against any and all claims, actions, suits, demands, liabilities, damages, losses, penalties, interest, fines, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or related to: (i) your use of, your inability to use, or your reliance upon the Site or any of its components; or (ii) your violation, or a violation using your account, of these Terms or any applicable law. You agree to provide Empower and the Indemnified Parties with cooperation as reasonably requested related to any such claims, actions, suits, or demands.

This section entitled “Limitations of Liability; Indemnity” shall survive termination of this agreement.

Waiver of Right to Participate in a Class Action

By entering into these Terms, you and Empower each waive the right to participate in a class or representative action.

Choice of Law/ Forum Selection/ International Use

The Site is hosted by Empower on computing resources located at Empower facilities or elsewhere in the United States. You agree that any dispute arising out of or relating to the Site or these Terms, whether based in contract, tort, statutory or other law, will be governed by and construed in accordance with the laws of the State of Texas, as such laws would apply to a contract fully negotiated, entered into, and performed in that state. You and Empower each irrevocably agree that any Dispute that is not subject to arbitration, shall be resolved on an individual basis exclusively in the state or federal courts located in the State of Texas. You and Empower each irrevocably consent to the personal jurisdiction of these courts and waive all objections to the exercise of

jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you and Empower agree that Empower may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Because the Site may be accessible internationally, you agree to comply with all local statutes, rules, regulations and other laws including, without limitation, all laws, rules, and regulations in effect in the United States, the country in which you reside, and the country from which you access the Site. The information on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to the laws of that jurisdiction or country or those of the United States, or which would subject Empower to any registration requirement within such jurisdiction or country.

Termination of Access

Abuse of the Site, including excessive messaging, inappropriate usage of messaging, or other misuse may cause your access to the Site to be revoked without prior notice. Empower may terminate your access to the Site at any time, without notice, and with or without cause.

Communication Preferences

By creating an account, you agree to receive notices and communications from Empower or third party providers in connection with the Site or these Terms by electronic mail, First Class U.S. Mail, messages in the Site mobile application, or notices posted on the Site website. You agree that any messages, notices, disclosures, or other communications sent electronically will satisfy any legal communication requirements. You may maintain copies of electronic communications by printing or saving a copy.

General

These Terms constitute the entire agreement between you and Empower relating to the Site website, mobile application, and related services, and supersedes any prior agreements. No modification of these Terms by you shall be binding on Empower unless made in writing and physically signed by an authorized representative of Empower.

You may not assign or transfer your rights or obligations under these Terms in whole or in part to a third party without our consent. These Terms shall bind and inure to the benefit of the parties to these Terms and their permitted successors and assigns. The parties are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms constitute the entire agreement between you and Empower regarding your use of the Site. The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. If any part of these Terms is held to be

unlawful, void or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Empower’s failure to enforce any provision of these Terms shall not be deemed a waiver of that or any other provision of these Terms.

Empower is not be liable for failure or delay in performing its obligations if such failure or delay is due to a force majeure event or other circumstances beyond Empower’s reasonable control, including acts of any governmental body, war, cyber war or attack, terrorism, insurrection, sabotage, embargo, fire, flood, severe weather, earthquake, tornado, hurricane, pandemic, labor disturbance, interruption of or delay in the internet or transportation, unavailability of third-party services, failure of third-party software or services, or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Site or any other products or services contemplated by these Terms.

The use of this Application is unauthorized in any jurisdiction that does not give effect to the Terms of Use contained herein.

Modifications or Changes to these Terms

Empower may update these Terms from time to time for any reason in our sole discretion and without prior notice. Empower may notify you of changes to the Terms through email, the Site mobile application, or other forms of communication. Even if Empower does not notify you, it is your obligation to check these Terms regularly for changes. Your continued use of the Site following a change means that you accept and agree to the changes; provided such changes shall only apply to your use of the Site after the effective date of such change. If you do not agree with the changes, immediately stop using the Site.

Copyright Complaints

Empower respects the intellectual property rights of others. If you believe your copyright has been improperly used on the Site, please contact us.

Survival of Terms

Upon any termination, discontinuation or cancellation of the Site or your account, the following Sections will survive: Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Release, Choice of Law/Forum Selection/International Use, Notice, and Miscellaneous.

All Rights Reserved

All rights not expressly granted herein are hereby reserved.

Questions, Complaints, or Opt-out Requests

If you have any questions about this Privacy Policy, our policies and practices concerning the Site, you can contact Empower by telephone at (877) 562-8577 (toll free and toll-free TTY for the hearing/speech impaired), or by U.S. mail at the address below:

Empower Clinic Services L.L.C.,
7601 North Sam Houston Pkwy W, Ste 100
Houston, TX 77064