Welcome to Mensdirectrx.com. Low T 99 LLC and/or its affiliates (“Low T 99”) provide a technology
platform which enables Low T 99 to connect registered users with physicians and other healthcare
providers for the diagnosis and treatment of certain conditions related to low testosterone such as
erectile dysfunction.
IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911.
Please read these Terms and Conditions carefully
These terms and conditions (“Terms and Conditions”) govern your use of our Services (as defined
below). It is important you read them carefully. In these Terms and Conditions, the terms “you” and
“yours” refer to the person using the Services.
Your access to and use of the Services are also subject to our Privacy Policy, as well as all applicable laws
and regulations.
YOU UNDERSTAND THAT BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU
HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS
AND CONDITIONS. IF YOU DO NOT OR CAN NOT AGREE WITH ANY PART OF THESE TERMS AND
CONDITIONS, YOU MAY NOT USE THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE.
THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND
REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON
AN INDIVIDUAL BASIS, AND NOT BY A LAWSUIT OR RESORT TO COURT PROCESS. THIS MEANS THAT (I)
YOU ARE GIVING UP, AND YOU WAIVE, THE RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT
OF LAW BEFORE A JURY OR A JUDGE (EXCEPT AS SET FORTH EXPRESSLY IN THE SECTION TITLED
DISPUTE RESOLUTION), AND (II) THAT YOU ARE GIVING UP, AND YOU WAIVE, THE ABILITY TO PURSUE
ANY SUCH DISPUTE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING.
Our Services
Low T 99 owns and operates websites including LowT99.com and mensdirectrx.com (collectively, the
“Websites”), and their associated mobile applications (“Apps” and together with the Websites, our
“Platform”). We refer to the Websites, Apps, and other services provided by Low T 99 in these Terms
and Conditions as the “Services.”
The Services we offer our registered users may include:
1. Providing individuals with information on health care and wellness;
2. Administrative support for the collection and maintenance of health care records and
information, to be used in connection with communications with health care providers and
pharmacy services; and
3. Telecommunications and technological support for connecting registered users to healthcare
providers for communication, consultations, assessments, and treatment by such providers.
You must be eligible to use our Services
Our Services are currently only available to individuals located in the following states: Arizona;
California; Colorado; the District of Columbia; Florida; Georgia; Hawaii; Idaho; Illinois; Iowa; Maryland;
Michigan; Minnesota; Montana; Nebraska; Nevada; New Hampshire; New Mexico; New York; New
Jersey; North Carolina; North Dakota; Oregon; Pennsylvania; Rhode Island; South Dakota; Texas; Utah;
Vermont; and Washington.
Our Services are currently only available to individuals who are at least eighteen (18) years of age or
older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and
who have accepted these Terms and Conditions.
By visiting, accessing, registering with, or using the Services, you are (i) representing and warranting to us
that you are either at least eighteen (18) years of age or older or at least the age of majority in your
jurisdiction of residence, if higher than eighteen (18) (ii) representing and warranting to us that when
you use the Services to consult with a Provider, you are located in the same state as the shipping
address you provide in your account at the time that you conduct such consultation; (iii) agreeing to
comply with all applicable laws in visiting, accessing, and registering with our using the Services; and (iv)
agreeing that you will only use the Services for lawful purposes. Our Services are subject to state
regulations and may change from time to time due to changes in applicable regulatory requirements.
Low T 99 does not provide Medical Services
Low T 99 does not provide any medical services, including via the Services. Rather, Low T 99 provides a
technology platform for you to access third-party healthcare providers employed or contracted with a
Low T 99 affiliated physician practice (“Providers”) and prescription fulfillment services provided by the
Pharmacy Hub (the “Pharmacies”). You may also use our Platform to access additional information,
which you may or may not choose to utilize in planning your health care and wellness.
These Providers may deny treatment, and not provide you with a prescription if they believe that you
may be better served by a local provider, or for any other reason. If medical advice or a prescription is
provided to you by a Provider through the Services, such medical advice or prescription is based on the
information you provide to the health care provider and their professional judgment. Low T 99 does not
provide medical advice, and we do not have control or influence any medical advice, treatment, or
prescription provided by your Provider.
The health and wellness resources made available through our Services are for informational purposes
only and are not a substitute for direct in-person health care services in all cases; nor are they an
indicator of specific results. You acknowledge that by coordinating and consulting with Providers
through the Services, you are not entering into a provider-patient relationship with Low T 99.
None of the Services replaces your relationship with your primary care physician. The physicians and
other healthcare providers that you may communicate with via our Platform do not diagnose, treat, or
screen cancer or other diseases related to the prostate, urogenital area or any other part of the body,
other than erectile dysfunction and other conditions related to low testosterone levels.
Except for specific communications received from an affiliated physician practice or its health care
providers, none of the information you receive through the Services should be considered medical
advice.
By accepting these Terms and Conditions, you acknowledge and agree that any services you receive
from the Providers and Pharmacies are also subject to these Terms and Conditions, and that the
Providers and Pharmacies are third party beneficiaries of these Terms and Conditions.
Consent to Use Telehealth Services
Telemedicine involves the delivery of health care services using electronic communications, information
technology, or other means between a health care provider and a patient who are not in the same
physical location. Telemedicine may be used for diagnosis, treatment, follow-up, and/or related patient
education, and may include, but is not limited to:
· Electronic transmission of medical records, photo images, personal health information, or
other data between a patient and health care provider;
· Interactions between a patient and health care provider via audio, video, and/or data
communications; and
· Use of output data from medical devices, sound, and video files.
While the provision of health and mental health care services using telehealth may offer certain
potential benefits, there are also potential risks associated with the use of telehealth. The telehealth
services are not a substitute for in-person care in all cases. In order to use the Services, you will be
required to review and agree to an informed consent regarding the use of telehealth (the “Patient
Consent”) that will be provided to you via the Services. You agree that Low T 99 is a third-party
beneficiary of the Patient Consent and has the right to enforce it against you.
No Insurance Accepted; Notice of Your Financial Responsibility
Low T 99 nor our Providers or Pharmacies accept commercial health insurance plans, are not in-network
with any commercial health insurance plans, and are not enrolled with federal or state health care
programs, such as Medicare and Medicaid. By agreeing to use the Services, you acknowledge and agree
that (i) you are explicitly choosing to obtain products and services on a cash basis outside of any federal
or state healthcare program and you have sole financial responsibility for all services or products
provided to you by or through the Services; and (ii) neither you nor Low T 99, our Providers, nor our
Pharmacies will submit a claim for reimbursement to any federal or state healthcare program for the
costs of the services and products provided to you through the Services.
Prescriptions
Certain products available through the Platform require a valid prescription by a licensed healthcare
provider. You will not be able to obtain a prescription product unless you have completed a
consultation with one of the Providers through the Platform, the Provider has determined the
prescription product is appropriate for you, and the Provider has written a prescription.
There is no guarantee a prescription will be written and if one is given, it may be in limited supply based
on the Provider’s discretion and state/federal regulations. You agree that any prescriptions that you
acquire from a Provider will be solely for your personal use. You agree to carefully read all provided
product information and labels and to contact a physician or pharmacist if you have any questions
regarding the prescription.
If a Provider determines a prescription product is appropriate for you and writes a prescription, it will be
filled through one of the Pharmacies by using the Platform and you voluntarily and unconditionally
waive your right to fill the prescription at any pharmacy of your choice. If you do not want to waive your
rights, do not purchase the Services. You acknowledge, represent, and warrant that by purchasing the
Services you have entered into the aforementioned waiver. If you have any questions about this waiver,
please contact legal@lowt99.com. Prescriptions fulfilled by the Pharmacies do not use child-resistant
packaging and prescription products will not be dispensed in child-resistant containers.
If you complete a consultation with a Provider and fill a prescription through one of the Pharmacies, the
prescription product will be shipped to you by the applicable Pharmacy.
Registration for the Services and Creating Your Account
You are required to register and set up an account on the Platform in order to access the Services. You
agree to accurately maintain and update any information about yourself that you have provided to Low
T 99 or its Providers or the Pharmacies. If you do not keep that information current, or fail to submit
truthful, accurate, and complete information, or we have reasonable grounds to suspect information in
your account is not accurate, complete, or current, we have the right to suspend or terminate your
account and your use of the Services. You also agree to immediately notify Low T 99 of any
unauthorized use of your username, password, or any other breach of security that you become aware
of involving or relating to the Services by emailing Low T 99 at legal@lowt99.com. You are responsible
for all activities that occur under your account and for maintaining the confidentiality of your password.
You are responsible for changing your password promptly if you think it has been compromised. You
may not transfer or share your password with anyone or create more than one account. You may not
use anyone else’s account at any time. Low T 99 explicitly disclaims liability for any and all losses and
damages arising from your failure to comply with this section.
Access to our Platform, Connectivity, and Information You Provide to Us
You are responsible for obtaining appropriate software and hardware capabilities (consistent with any
technical, quality, or other requirements described in the Services), at your own expense, to enable use
of the Services, including a computer or mobile device with a video camera and Internet access. You are
solely responsible for any fees, including Internet connection or mobile fees, that you incur when
accessing the Services. You also agree to provide truthful, accurate, and complete information in any
communications you submit to or through the Services. We reserve the right to change the manner
users access our Services, including any software, hardware, or other requirements of the Services at
any time without prior notice.
Privacy
Low T 99 understands the importance of confidentiality and privacy regarding your personal and health-related information. Please see our Privacy Policy for a description of how we may collect, use, and
disclose your personal information. The Privacy Policy is hereby incorporated into these Terms and Conditions by reference and constitutes a part of these Terms and Conditions.
License to Use Content and Services
As between Low T 99 and you, Low T 99 is the sole and exclusive owner of all right, title and interest in
and to the Services and their content, features and functionality (including, without limitation, all
information, software, text, displays, images, video, audio, design, selection, arrangement and look and
feel) (“Content”). You are not permitted to reproduce, publish, distribute, modify, reverse engineer,
disassemble, create derivative works of, publicly display, publicly perform, republish, download, store,
transmit, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the Services
or Content except as permitted by these Terms and Conditions or otherwise by Low T 99 expressly in
writing. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of
the Services or Content shall be owned solely and exclusively by Low T 99 or its licensors, including all
intellectual property rights therein. You may not access or use for any commercial purposes any part of
the Services or Content.
Certain names, logos, and other materials displayed in and through the Services may constitute
trademarks, trade names, service marks or logos (“Marks”) of Low T 99 or its affiliates. You are not
authorized to use any such Marks without the express written permission of Low T 99. Ownership of all
such Marks and the goodwill associated therewith remains with us or our affiliates.
Subject to your compliance with these Terms and Conditions, we hereby grant to you a personal,
limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the
Services and Content solely for your personal and non-commercial use and only as permitted under
these Terms and Conditions and the Privacy Policy. No other right, title, or interest in or to the Services
or Content is transferred to you, and all rights not expressly granted are reserved by Low T 99 or its
licensors.
Information Submitted via the Services
Subject to any limitations described in our Privacy Policy, any information you transmit to Low T 99 via
the Services, whether by direct entry, submission, email or otherwise, including data, questions,
comments, forum communications, or suggestions (collectively, the “User Content”), will, to the extent
permitted under applicable law, be treated as non-confidential and non-proprietary. To the extent
permitted by applicable law and our Privacy Policy, you grant Low T 99 a fully paid, royalty-free,
perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any
moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and
publicly display, the User Content (in whole or in part) for the purposes of operating and providing the
Services to you and to our other users. You warrant that the holder of any worldwide intellectual
property right, including moral rights, in the User Content has completely and effectively waived all such
rights and validly and irrevocably granted to you the right to grant the license stated above. You agree
that you, not Low T 99, are responsible for all of the User Content that you provide to the Services. In
addition, Low T 99 shall have the right, in its sole discretion, to edit, duplicate, or alter the User Content
in any manner for any purpose that Low T 99 deems necessary or desirable, and you irrevocably waive
any and all so-called moral rights you may have in the User Content. You further agree that you shall
have no right of approval and no claim to compensation in connection with the User Content.
Electronic Communications
By providing your mobile phone number and/or email address, you are agreeing to be contacted by or
on behalf of Low T 99 using the contact information you have provided, including calls, emails, and text
messages, to receive informational or Service-related communication, reminders and notifications, and
marketing communications relating to the Platform and Services. Message and data rates may apply.
Note that access to the Services is not conditioned upon your consent to receive marketing or
promotional text messages from Low T 99. To opt-out from text messages: text the word STOP to the
number you received the text message from. We may confirm your opt-out by text message. If you opt-
out from text messages or other forms of communication, you may not receive important reminders
and information about your services and products, and it may limit our ability to provide important
services and notifications to you.
Restrictions and Your Conduct
You will not use the Services or the Content in any manner or for any purpose other than as expressly
permitted by these Terms and Conditions. Except as expressly authorized in these Terms and
Conditions, you will not, directly or indirectly: (i) reverse engineer, disassemble, or decompile the
Services or the Content or apply any other process or procedure to derive the source code of the
Services; (ii) modify, translate, copy, or create derivative works of a Services or the Content or any part,
feature, function or user interface thereof; (iii) make any of the Services or the Content available to any
third party, or use any of the Services or the Content for the benefit of anyone other than yourself; (iv)
sell, resell, license, sublicense, distribute, rent or lease any of the Services or the Content, or include any
of the Services or the Content in a service bureau or outsourcing offering; (v) attempt to gain
unauthorized access to the Services or the Content or its related systems or networks; (vi) use the
Services for any purpose other than expressly permitted in these Terms and Conditions, including for
benchmarking, competitive analysis, or creating a competing product; (vii) use the Services to violate
third party rights or applicable laws; (viii) use any robot, spider, or other such programmatic or
automatic device, including, without limitation, automated dial-in or inquiry devices, to obtain
information from the Platform or otherwise monitor or copy any portion of the Platform; (ix)
systematically collect or use any content from the Platform, including through the use of any data
mining, or similar data gathering and extraction methods; (x) disrupt or interfere in any manner with the
operation of the Services, or the hardware or network used to operate the Services, or disobey any
requirements, procedures, policies or regulations of networks connected to the he Services; (xi) allow,
enable, or otherwise support the transmission of unsolicited or unauthorized advertising, junk or bulk
email (SPAM), chain letters, letters relating to a pyramid scheme, or any other unsolicited commercial or
non-commercial communication, (xii) upload or otherwise spread any software viruses, worms, time
bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed
or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware,
network, server, or communications systems or equipment; (xiii) attempt to disable, bypass, modify,
defeat, or otherwise circumvent any security related tools incorporated into the Services; (xiv) use any
high volume, automated, or electronic means to access the Services (including, without limitation,
robots, spiders or scripts); (xv) create Internet “links” to or from the Platform, or “frame” or “mirror”
any Content, place pop-up windows over its pages, or otherwise affect the display of its pages; or (xvi)
disrupt, interfere with, or inhibit any other person from using the Services or other affiliated or linked
websites, material, contents, products and/or services.
Payment for Products and Subscriptions
You agree to pay all fees due for services requested pursuant to all payment terms presented to you
when engaging in transactions. You will see a prompt for your payment details, such as your credit card
information and any promotional codes you may have. By entering your payment information and
submitting your request, you authorize us, our affiliates, or our third-party payment processors to
charge the amount due, including recurring fees associated with Subscription Services (as defined
below).
Your payments to Low T 99 may include fees charged by Providers or Pharmacies for health care services
and/or pharmacy services, which Low T 99 collects on their behalf. Any health care services or
pharmacy services not provided by us, a Provider, a Pharmacy, or otherwise made available through the
Services are not included in the payments collected by Low T 99 and you may be separately charged by
the applicable health care organization(s) and/or provider(s) for such services. Low T 99 nor our
Providers or Pharmacies have any obligation to provide any health care services or pharmacy services
unless and until full payment has been received. You are responsible for keeping your payment
information accurate and up to date at all times.
Certain products or services offered on the Services may be offered on a subscription basis
(“Subscription Services”). For Subscription Services, your payment method will be automatically
charged at regular intervals as described during the checkout process for the applicable Subscription
Services. You may cancel a subscription at any time before the cancelation cutoff date as indicated to
you at the time you purchase a Subscription Service.
You can cancel a subscription at any time by contacting customer support. We will not refund charges
that have already been processed or issue refunds for products that have already shipped.
YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES
PURCHASABLE THROUGH THE SERVICES ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT
REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT,
INCLUDING ANY UNAUTHORIZED CHARGES.
Third-Party Features
The Services may contain hyperlinks, plug-ins, products, or features operated by third parties (“Third-
Party Features”). Such Third-Party Features are not under our control, therefore, we are not responsible
for the information, products or services described by, or for the content or features of any such Third-
Party Features. Inclusion of any Third-Party Features does not necessarily imply endorsement of the
Third-Party Features or any association with its operators. Your use of these Third-Party Features is at
your own risk, and we are not liable to you in any way, either directly or indirectly, for any content,
errors, damage, or loss caused by or in connection with use of or reliance on information contained in or
provided to Third-Party Features. You may have identified and arrived at the Services through a Third-
Party Features, and you understand and agree that we are not responsible for the information, products
or services described on those Third-Party Features and only these Terms and Conditions will apply to
your use of or access to the Services.
In the event of any dispute between you and any provider of a Third Party Feature, any other user of our
Services, or any other entity or individual, you understand and agree that Low T 99 is under no
obligation to become involved in such dispute, and you hereby release and indemnify Low T 99, and its
subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees,
representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors,
successors, assigns, accountants, and attorneys (collectively, “Low T 99 Parties”) from any and all claims,
demands and/or damages (actual or consequential) of every kind or nature, known or unknown,
suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such
disputes or the Services or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU
WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND
TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Termination
You may terminate your account at any time by legal@lowt99.com. Low T 99 may terminate your use of
the Services or any of our features or services at any time and for any reason without notice, including,
for example, for conduct violating these Terms and Conditions. The provisions of these Terms and
Conditions concerning Service security, prohibited activities, copyrights, trademarks, user submissions,
disclaimers, limitation of liability, arbitration, and resolution of Disputes (as defined below), indemnity
and jurisdictional issues shall survive any such termination or any other termination of these Terms and
Conditions or your relationship with Low T 99.
Except as otherwise provided in the Privacy Policy or as required by applicable law (including any
obligation to provide access to health records), we have no obligation, whether before or after the
termination of your use of the Services, to return or otherwise provide to you or any third party on your
behalf any User Content, any information you provide to us, any information your Providers provided to
us about or relating to you, or any other information that we may have that relates to you.
Changes to these Terms and Conditions
Low T 99 reserves the right to amend or modify any part of these Terms and Conditions in its sole
discretion at any time and without prior notice to you. Any changes to these Terms and Conditions are
effective upon posting to the Services, unless applicable law requires us to provide additional notice or
take other actions before such changes can become effective. If you disagree with these Terms and
Conditions, your sole and exclusive remedy is to discontinue your use of the Services. Your continued
use after a change has been posted constitutes your acceptance of the changes.
You acknowledge and agree that: (i) all or any part of the Services may not be accessible at any time, for
any period, or for any reason; and (ii) Low T 99 will not be liable if for any reason all or any part of the
Services are unavailable at any time or for any period. Low T 99 may, at any time and for any reason,
modify, or temporarily or permanently discontinue, the Services or any portion thereof, with or without
notice. You agree that Low T 99 shall not be liable to you or to any third party for any modification,
suspension, or discontinuance of the Services.
Errors and Inaccuracies
Occasionally there may be information on our Platform or in the Services 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 Services or on any related website or the Platform is inaccurate at any time without prior notice
(including after you have submitted your order).
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE
SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. LOW T 99 AND EACH THIRD PARTY
OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE PROVIDERS AND THE
PHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND
CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD
TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE,
MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM. LOW
T 99 DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS
OR USEFULNESS OF THE SERVICE. LOW T 99 DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION
WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK,
VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET
FORTH IN THIS SECTION, IN NO EVENT WILL LOW T 99, THE LOW T 99 PARTIES OR THEIR RESPECTIVE
LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR
DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND
STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING DAMAGES
FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR
MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES,
OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH,
ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SERVICES
OR ANY SERVICES CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE
OF THE SERVICES. THIS IS TRUE EVEN IF LOW T 99 OR RELATED PERSONS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN NO EVENT SHALL LOW T 99 OR THE LOW T 99 PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE) EXCEED IN THE AGGREGATE, THE GREATER OF (I) ONE HUNDRED DOLLARS ($100), OR (II)
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES IN THE TWELVE (12) MONTH PERIOD
PRECEDING THIS APPLICABLE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of
liability for damages such as in this section. Accordingly, some of these limitations may not apply to you.
If you are a resident of a U.S. state that permits the exclusion of these warranties and liabilities, then the
limitations in this section specifically do apply to you.
Indemnification
You agree to defend, indemnify, and hold Low T 99 and any third parties offering products or services
through the Services, including the Providers and the Pharmacies, harmless from and against any and all
suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations,
losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses)
relating to or arising from your use of the Services, your fraud, violation of law, or willful misconduct,
any breach by you of these Terms and Conditions or your violation of any rights of any other person or
entity. We reserve the right to control the defense of any claim by a third party for which we are entitled
to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
Governing Law, Dispute Resolution, Arbitration, Venue, Severability
IMPORTANT NOTE: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND RO TO
RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE
MANNER IN WHICH YOU CAN SEEK RELIEF FROM LOW T 99. YOU UNDERSTAND AND AGREE THAT, BY
ENTERING INTO THESE TERMS AND CONDITIONS, YOU AND LOW T 99 ARE EACH WAIVING THE RIGHT TO
A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Applicability of Arbitration Agreement
Any dispute, claim or controversy of any nature arising out of or relating in any way to the use of the
Platform, the Services, these Terms and Conditions, or this Arbitration Agreement (as defined below),
including without limitation the interpretation, validity, scope, or applicability of these Terms and
Conditions or the Arbitration Agreement (hereinafter, collectively, the “Dispute”), which cannot be
resolved informally, shall be resolved by binding arbitration on an individual, and not a class or
representative, basis under the terms set forth below (the “Arbitration Agreement”). This Arbitration
Agreement applies to you and Low T 99, and to any of our subsidiaries, affiliates, agents, employees,
predecessors in interest, successors in interest, and assigns. THE PARTIES UNDERSTAND THAT THEY
WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A
JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING
INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS
SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION.
Disputes Excluded from Arbitration
Disputes where the amount in controversy is less than US$10,000 and filed by you or Low T 99
individually in a small claims court are not subject to arbitration, so long as the disputes remain in such
court and advance only an individual (non-class, non-representative) claim for relief. In the event of any
actual, alleged or threatened violation of confidentiality or violation of Low T 99’s or its licensor’s
intellectual property or other proprietary rights, Low T 99 may immediately resort to court proceedings
in a court of competent jurisdiction as set forth below in order to seek immediate injunctive relief
without posting of a bond, proof of damages or other similar requirement. The institution of any action
for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any
claim seeking relief other than injunctive relief to arbitration.
Confidential Proceedings
The parties expressly agree that any and all actions taken under the Arbitration Agreement and related
provisions, including all filings, orders, judgments, and awards made in any arbitration proceeding, are
confidential and may not be disclosed to any third party, except as otherwise may be required by law.
Arbitrator
The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) under
the AAA’s Commercial Arbitration Rules (the “AAA Rules”) before a single arbitrator selected pursuant to
the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may
be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs
assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs. Any arbitration
proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class
action.
Place and Governing Law
The place of arbitration shall be in King County, Washington, unless otherwise agreed to in writing by all
parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a
transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. § 1, et seq., as may
be amended from time to time, shall govern the interpretation, enforcement, and proceedings pursuant
to this Arbitration Agreement. To the extent state law is applicable, the laws of the State of Illinois shall
apply without regard to conflict of laws provisions.
Survival; Severability
This Arbitration Agreement provision will survive the termination of these Terms and Conditions. Except
as set forth in the Section titled Class Action Waiver below, if any portion of this Arbitration Agreement
is deemed invalid or unenforceable through a final judicial determination, the entire Arbitration
Agreement shall be null and void. No portion of this Arbitration Agreement may be amended, severed,
or waived absent a written agreement between you and Low T 99.
Time Limitation on Claims
The parties agree that they must initiate arbitration within one (1) year after any Dispute arose;
otherwise, the Dispute is permanently barred.
Class Action Waiver
YOU AND LOW T 99 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, unless both you and Low T 99 agree otherwise, the arbitrator
may not consolidate one or more person’s claims with your claims and may not otherwise preside over
any form of a representative or class proceeding. If there is a final judicial determination that applicable
law precludes enforcement of this Section’s limitations as to a particular claim for relief, then that claim
(and only that claim) must be severed from the arbitration and may be brought in court.
