Terms and conditions

Coxaroc, LLC

Terms & Conditions

Last updated: August 4, 2023

PLEASE TAKE THE TIME TO CAREFULLY READ THESE TERMS AND CONDITIONS. THEY INCLUDE IMPORTANT INFORMATION INCLUDING BUT NOT LIMITED TO:

• Explanation of Coxaroc’s services and limitations.
• Provision of a link to the telemedicine consent form, which outlines the potential risks and benefits of telemedicine. It also includes a request from your healthcare provider for your consent to receive telemedicine services.
• Information regarding your eligibility to utilize the Coxaroc website.
• Release of any potential claims you may have against Coxaroc for personal, bodily injury, disability, death, or emotional or physical distress. This release pertains to any diagnosis or treatment provided by healthcare providers you communicate with through our platform.
• Inclusion of Arbitration Agreement, Waiver of Trial by Jury, and Waiver of Class Action.

User’s Acknowledgment; Acceptance of Terms; Changes to Terms

These Terms & Conditions are entered into by and between You and Coxaroc, LLC (“Company,” “Coxaroc”, “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference ( collectively, “Terms & Conditions”), govern your access to and use of https://www.coxaroc.com, including any content, functionality and services offered on or through https://www.coxaroc.com (the “Website”), whether as a guest or a registered user.

Please read the Terms & Conditions carefully before you start to use the Coxaroc Website and its Services. By using the Website, you accept and agree to be bound and abide by these Terms & Conditions. If you do not want to agree to these Terms & Conditions, you must not access or use the Website.

This Website is offered and available to users who reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

These Terms & Conditions are effective as of the date first set forth above and may be updated or modified from time to time. We reserve the right to change these Terms & Conditions at any time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms & Conditions periodically and to make yourself aware of any modifications or updates. Your continued use of this Website after such modifications or updates will constitute your acknowledgement of the Terms & Conditions and your agreement to abide and be bound by the modified and/or updated Terms & Conditions.

We reserve the sole right to either modify or discontinue the Website, including any features therein, at any time with or without notice to you. We shall not be liable to you, or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on this Website shall also be subject to these Terms & Conditions.

Introduction; What We Do

Coxaroc provides a technology platform that allows registered users to connect with healthcare providers, including physicians, for the diagnosis and treatment of erectile dysfunction.

We, along with our affiliates, own and manage various websites, including https://coxaroc.com ( our Website) and other related sites that may redirect or link to coxaroc.com (collectively referred to as the “Websites”). These Websites serve as a platform to facilitate the provision of services to registered users. These services may include:

(a) Offering general information related to erectile dysfunction and the available treatments, such as compounded sildenafil, tadalafil, and vardenafil oral chewable tablets.

(b) Providing administrative support to collect and maintain healthcare records and information. This is done to facilitate communication with healthcare providers and pharmacy services.

(c) Supplying telecommunications and technological support to connect registered users with healthcare providers. This connection allows for communication, consultations, assessments, and treatment by the providers (collectively referred to as the "Services").

Accessing the Website; Security and Password

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms & Conditions and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms & Conditions.

Coxaroc is Not a Medical Practice

You should always prioritize seeking advice from your urologist, primary care physician, or any other healthcare provider without delay, regardless of any diagnosis, advice, or information provided (or not provided) on the Coxaroc Websites or through our platform with healthcare providers. If you believe you are experiencing a medical emergency, please contact your local physician or dial 911 immediately. By accessing our Websites, you explicitly agree to these Terms and Conditions, as well as our Privacy Policy, which is incorporated into these Terms and Conditions. If you do not agree to these Terms and Conditions, you are not permitted to access or use our Websites or Services.

Please note that Coxaroc is not a medical practice or healthcare provider, and we do not employ physicians or other healthcare providers. While our services enable registered users to communicate with healthcare providers, the content on our websites and the services we offer are not intended to provide medical advice. Coxaroc does not provide medical care. Medical care is provided by third-party provider-owned businesses, including MD Integrations (each referred to as a "Provider"). These Providers have the discretion to deny treatment and prescription if they determine that you may be better served by a local provider or for any other reason. Any medical advice or prescription provided to you by a Provider through our services is based on the information you provide and the professional judgment of the healthcare provider. Coxaroc does not offer medical advice, and we do not have control or influence over any medical advice, treatment, or prescription provided by your Provider.

Please be aware that none of our Services are intended to replace the relationship you have with your primary care physician. The physicians and healthcare providers you may communicate with through our websites are not responsible for diagnosing, treating, or screening cancer or other diseases related to the prostate, urogenital area, or any other part of the body, except for erectile dysfunction.

Coxaroc is Not a Pharmacy

Any medications prescribed by these Providers are not intended for diagnosing and/or treating the root causes of erectile dysfunction but are solely meant to address the symptoms of erectile dysfunction. Customized prescription medications are prescribed by licensed medical providers and are currently delivered directly by pharmacies such as Pharmacy Hub or another pharmacy of your preference (each referred to as a "Pharmacy").

Residents of Certain States Are Not Eligible to Use Our Website and Services

Telemedicine and the dispensing of prescription medications are subject to varying laws in each state. Coxaroc is actively collaborating with our medical providers and pharmacies to ensure that our services are available in all 50 states. However, at present, residents of North Dakota and South Carolina are not included in the coverage area. Therefore, individuals residing in these states are not eligible to utilize the Coxaroc Services.

Persons Under 18 Years of Age Are Not Eligible to Use Our Website and Services

Individuals who are below the age of eighteen (18) are not permitted to register as users on the Coxaroc Websites. If you are under 18, you will not have access to the Website's features that connect you with healthcare providers, and you will not receive treatment or prescriptions. If you are a parent or legal guardian of a person under the age of eighteen (18) and suspect that your child has registered or is using our websites without your consent or authorization, kindly reach out to us at support@coxaroc.com.

Telemedicine: The Possible Benefits and Risks and Your Consent

Coxaroc is a technology platform that facilitates the connection between users and healthcare providers for telemedicine treatment. Telemedicine involves the use of technology to allow healthcare providers to evaluate and provide treatment to patients remotely. Telemedicine communications may include the transmission of medical records, photos, personal health information, and interactions through dynamic intake forms, live video and audio, and other methods. Coxaroc's technology platform incorporates secure network and software protocols to ensure the privacy and security of your health information. Consent from users is required for treatment via telemedicine by the connected healthcare providers.

Therefore, any healthcare provider connected through Coxaroc's services will require your consent for telemedicine treatment. Please refer to the Provider Telemedicine Consent, available here, which provides information on the potential benefits and risks of telemedicine and your consent to receive telemedicine services from providers you communicate with through our platform.

Accuracy of Information Provided

IT IS ESSENTIAL THAT ALL INFORMATION YOU PROVIDE ABOUT YOURSELF, AND YOUR MEDICAL HISTORY IS ACCURATE, UP-TO-DATE, AND COMPLETE.

By registering an account and using the Coxaroc Websites and platform, as well as communicating with healthcare providers, you confirm that all information you provide is truthful, accurate, current, and complete. You also agree to promptly update any changes to ensure the information remains accurate, current, and complete throughout your use of the websites and receipt of services. It is important not to impersonate others or use false names, addresses, or any other fraudulent information. If you become aware of any inaccuracies, errors, omissions, or inconsistencies in your information, please notify Coxaroc immediately.

You are responsible for any activities conducted under your account by other individuals. If those activities would be considered a violation of these Terms and Conditions if performed by you, they will still be regarded as violations committed by you.

Privacy

At Coxaroc, we highly value the confidentiality and privacy of your personal health information, as well as the privacy of your healthcare providers. The use of our website and services is governed by our Privacy Policy. We encourage you to review our Privacy Policy, which outlines the collection, usage, sharing, and disclosure of your information. You can find our Privacy Policy here, and it is an integral part of these Terms and Conditions.

Fees and Payment

It is your responsibility to make payment for the services and products you order. Coxaroc utilizes your chosen subscription plan for billing purposes and facilitates the automatic shipment of refills and treatments. Monthly charges will be applied until you cancel your subscription. Payments made to Coxaroc may include fees for healthcare provider services and pharmacy services, and Coxaroc collects these fees on their behalf. All fees are quoted in U.S. Dollars unless stated otherwise.

UNLESS OTHERWISE INDICATED IN ANY RETURN OR REFUND POLICY PROVIDED TO YOU THROUGH THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES AVAILABLE FOR PURCHASE THROUGH THE SERVICES, ANY APPLICABLE FEES AND OTHER CHARGES ARE NON-REFUNDABLE, EITHER IN FULL OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

Payments are processed through a third-party payment processing service. For further details about our third-party payment processing vendor, please consult our Privacy Policy. By providing payment information, you authorize Coxaroc to charge you through our third-party payment processing service for all applicable fees when they become due. You also confirm that you are authorized to use the provided payment information. In the event of payment method failure or overdue fees on your account, we may employ alternative collection methods, including charging other payment methods on file and engaging collection agencies and legal counsel. Depending on applicable law and compliance with any necessary notice or waiting period, we may also suspend your account until any outstanding amounts are resolved.

You have the option to cancel or modify your subscription at any time by sending an email to support@coxaroc.com or by accessing your account and placing it on hold. Please ensure that any changes to your account are made 3-5 days prior to your next renewal to allow sufficient time for the adjustments to take effect.

Intellectual Property Information

Copyright © 2023 Coxaroc All Rights Reserved.

The Company name, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its Affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material. For purposes of these Terms & Conditions, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material, services, and original content that can be viewed by users on our Website.

By accepting these Terms & Conditions, you acknowledge and agree that all content presented to you on this Website is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and is the sole property of Coxaroc, LLC and/or its Affiliates. As used in these Terms & Conditions, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Website and/or its contents.

You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

These Terms & Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• Modify copies of any materials from this Website.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@coxaroc.com. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms & Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark, and other laws.

If you believe that any User Contributions violate your copyright, please follow the instructions below on how to send us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers. Or direct all comments, questions, and concerns to: support@coxaroc.com.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website (the "Website") infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

• Alan-Michael Price
• Coxaroc, LLC
• 475 Brickell Ave., #2913
• Miami, Florida 33131 USA
• support@coxaroc.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Conduct on Website/Prohibited Uses

You may use the Websites only for lawful purposes and in accordance with these Terms & Conditions. You agree not to use the Websites:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out below in these Terms & Conditions;
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity ( including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); and/or
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms & Conditions, without our prior written consent;
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; and/or
• Otherwise attempt to interfere with the proper working of the Website.

Content Standards: Without limiting the foregoing, the Websites content and contributions from its Users must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms & Conditions and Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

User’s Materials

In order to access some of the services on this Website, you must have an e-mail account that is only accessible by you. You will be asked to create a profile by using your e-mail account of choice and by designating a password and by providing other required information (“Registration Data”). It is your responsibility to regularly update and information in the Registration Data that has changed. By registering, you agree that all information provided in the Registration Data is true and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this Website, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms & Conditions.

The Website may contain linked commercial web pages, shopping carts, favorite items, review products, product comparison charts, and other interactive features (collectively, "Interactive Services").

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by third-party licensors and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Terms for Online Purchases and Other Terms and Conditions

All purchases transacted through our Website or other transactions for the sale of goods or services formed through the Website, or that result from visits made to our website by you are governed by these Terms & Conditions.

All Website users have access to the marketplace (the “COXAROC marketplace”) which will display certain item(s) ( hereinafter the “items”) available to be purchased. By becoming a registered user, you expressly authorize Coxaroc’s service provider, CWA Merchant Services, to originate credit transfers to your financial institution account in order to process all payments and transactions pertaining to the rental of item(s) through the COXAROC marketplace. You also expressly authorize us to collect and share your personal information with CWA Merchant Services, including but not limited to your full name, e-mail address and financial information. You are responsible for the accuracy and completeness of the data that is provided to Stripe and for reviewing Stripe’s Privacy Policy prior to becoming a registered user. CWA Merchat Services’ Privacy Policy can be found on its webpage by clicking here.

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms & Conditions.

Links from the Website

If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its Affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees and costs) arising out of or relating to your violation of these Terms & Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms & Conditions, or your use of any information obtained from the Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Arbitration Agreement; Waiver of Trial by Jury and Waiver of Class Action

THE TERMS PRESENTED HERE INCLUDE AN IMPORTANT PROVISION REGARDING BINDING ARBITRATION. BY ACCEPTING THESE TERMS, YOU AGREE THAT ANY DISPUTES ARISING BETWEEN YOU AND COXAROC WILL BE RESOLVED THROUGH MANDATORY BINDING ARBITRATION. ADDITIONALLY, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION. WE URGE YOU TO READ THE FOLLOWING PARAGRAPHS ATTENTIVELY AS THEY OUTLINE THE REQUIREMENT FOR ARBITRATION IN RESOLVING DISPUTES WITH COXAROC AND SPECIFY LIMITATIONS ON THE AVAILABLE RELIEF METHODS.

Application of Arbitration Agreement

In the event of any dispute, claim, or controversy arising from or relating to the use of the Websites, the Services, these Terms and Conditions, or this Arbitration Agreement (collectively referred to as the "Dispute"), that cannot be resolved informally, the parties agree that such Dispute shall be resolved through binding arbitration on an individual basis, rather than through class or representative actions. This agreement, known as the "Arbitration Agreement," applies to both you and Coxaroc, as well as our subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns. THE PARTIES ACKNOWLEDGE THAT THEY WOULD HAVE HAD THE RIGHT OR OPPORTUNITY TO RESOLVE DISPUTES IN COURT, HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND PARTICIPATE IN CLASS ACTIONS OR OTHER PROCEEDINGS INVOLVING MULTIPLE CLAIMANTS; HOWEVER, THEY HAVE CHOSEN AND AGREED TO RESOLVE ALL DISPUTES ACCORDING TO THE TERMS SET FORTH HEREIN THROUGH INDIVIDUAL ARBITRATION.

Excluded Disputes from Arbitration

Excluded Disputes from Arbitration. Disputes involving an amount in controversy that is less than $10,000 USD and filed individually by either you or Coxaroc in a small claims court, are not subject to arbitration. However, this exemption only applies if such disputes remain within the small claims court and solely pursue individual claims for relief, without class or representative involvement. In cases of an actual, alleged, or threatened violation of confidentiality or violation of Coxaroc's or its licensor's intellectual property or other proprietary rights, Coxaroc may choose to initiate court proceedings in a court of competent jurisdiction. Such proceedings aim to obtain immediate injunctive relief without the need for a bond, proof of damages, or similar requirements. The initiation of action for injunctive relief does not waive the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.

Confidentiality of Proceedings

The parties involved explicitly agree that all actions taken in accordance with the Arbitration Agreement and its related provisions, including but not limited to any filings, orders, judgments, and awards made during arbitration proceedings, shall be treated as confidential. These proceedings and their outcomes must not be disclosed to any third party, except as required by applicable law. The confidentiality obligation extends to all participants involved in the arbitration process, including arbitrators, attorneys, and witnesses. Any breach of this confidentiality requirement may result in appropriate legal remedies being sought by the non-breaching party.

Administration of Arbitration

The arbitration proceedings will be administered by the American Arbitration Association ("AAA") in accordance with the AAA's Commercial Arbitration Rules (the "AAA Rules"). The arbitration will be conducted before a single arbitrator appointed in accordance with the AAA Rules. The arbitrator's decision will be final and binding on all parties involved. Any final award or judgment resulting from the arbitration may be filed and enforced in any court located in Miami-Dade County, Florida.

Allocation of Costs and Attorneys’ Fees

The costs associated with the arbitration, including administrative fees and expenses, will be shared equally by the parties. The prevailing party shall be entitled to recover reasonable attorneys’ fees from the non-prevailing party.

Individual Nature of Arbitration

The arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. Each dispute will be resolved on an individual basis, and the parties involved expressly waive their right to participate in any class or collective arbitration.

Binding Nature of Arbitration

The parties acknowledge and agree that the arbitration process, as outlined in these Terms and Conditions, constitutes the sole and exclusive means of resolving any disputes arising from or related to the use of the Websites and Services. The parties further agree to abide by the final and binding decision of the arbitrator, with limited rights of appeal or challenge as provided by applicable law.

Jurisdiction and Governing Law

The proper place of arbitration shall be Miami-Dade County, Florida, unless all parties involved agree in writing to an alternative location. The parties recognize that this Arbitration Agreement involves interstate commerce, and therefore, the Federal Arbitration Act, 9 U.S.C. § 1, et seq., as amended from time to time, shall govern the interpretation, enforcement, and proceedings under this Arbitration Agreement. In the event that state law is applicable, the laws of the State of Florida shall apply, without regard to conflict of laws provisions.

Communication by Text message or Email

By opting-in to receive text (SMS) messages from Coxaroc or by sending Coxaroc an initial text message (an "SMS Enrollment"), you consent to receiving text messages regarding your Coxaroc 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 Coxaroc.

With your SMS Enrollment, you represent and understand that: (a) you are the owner or authorized user of the mobile device you used to initiate the SMS Enrollment, (b) you are authorized to approve any applicable charges in connection with the text messages you send to and receive from Coxaroc, (c) you will be responsible for all messaging and other data charges that may apply for any text messages sent to you from Coxaroc or from Coxaroc to you, and (d) neither Coxaroc, nor you or Coxaroc'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 Coxaroc, and you can opt-out of any of Coxaroc'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 Coxaroc, you will need to opt-out of each Coxaroc SMS service to which you are subscribed. Until you have done so, you may continue to receive the types of text messages from Coxaroc that you have opted-in to receive but have not unsubscribed from.

You also understand that while Coxaroc 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 Coxaroc 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 Coxaroc and receiving text messages from Coxaroc that are not encrypted. Likewise, by emailing Coxaroc or providing Coxaroc with your email, you consent to receive unencrypted email messages from Coxaroc.

If you are experiencing any issues with Coxaroc's text messaging or email services, or if you have any concerns about sending or receiving anything sensitive, please contact us by sending an email to support@coxaroc.com. If you have questions specific to your text or data plan, please contact your wireless provider.

Assignment

You may not transfer or assign your rights under these Terms and Conditions or your relationship with Coxaroc, and any attempted transfer or assignment will be null and void.

Modification

Coxaroc reserves the right to modify, add, or remove provisions from these Terms and Conditions at any time by posting the updated Terms and Conditions on the Websites. We will notify you of any material changes through email, your account, or other means. If you disagree with any changes, your only option is to stop using the Websites and our Services, except for terminating your account. By continuing to access and use the Websites or Services, you acknowledge and accept any such changes to these Terms and Conditions and agree to be bound by them.

Waiver and Severability

Any failure by us to enforce or exercise any provision of these Terms & Conditions or related rights shall not constitute a waiver of that right or provision. No waiver of by the Company of any term or condition set forth in these Terms & Conditions 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 of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.

Entire Agreement

The Terms & Conditions, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and Coxaroc, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.