Terms of Use

BioPlus Specialty Pharmacy Services, LLC (“BioPlus”) offers the BioPlus Website and mobile communications to you, the User, conditioned on acceptance by the User without modification of the terms, conditions, and notices contained herein. By accessing and using BioPlus Website or mobile interactions, the User is deemed to have agreed to all such terms, conditions, and notices.

COPYRIGHT AND SERVICEMARK NOTICES

All content on BioPlus Website and mobile communication is copyright protected by BioPlus, or appears by permission of the copyright holder, and all rights therein are reserved. The User may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from BioPlus Website or the mobile communications. No use may be made of the service mark without the express prior permission of BioPlus.

LIABILITY DISCLAIMER

The information, software, products, and services published on BioPlus Website and in mobile communications may include inaccuracies or typographical errors. Changes are periodically added to the information herein. BioPlus may make improvements and/or changes in BioPlus Website and mobile communication at any time, without notice to the User. BioPlus makes no representations about the suitability of the information, software, products, and services contained on BioPlus Website or mobile communication for any purpose. All such information, software, products, and services are provided “as is” without warranty of any kind. BioPlus hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. In no event shall BioPlus be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of BioPlus Website or mobile communication or with the delay or inability to use BioPlus Website or mobile communication, or for any information, software, products, and services obtained through BioPlus Website or mobile communication, or otherwise arising out of the use of BioPlus Website or mobile communication, whether based on contract, tort, strict liability, or otherwise, even if BioPlus has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. NOTWITHSTANDING ANYTHING ELSE SET FORTH HEREIN, THE MAXIMUM LIABILITY OF BIOPLUS FOR DAMAGES FROM ANY CLAIM ARISING FROM YOUR USE OF BIOPLUS WEBSITE SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).

SOFTWARE AVAILABILITY

The BioPlus Website software used in the BioPlus Website has been specially developed by BioPlus. Any reproduction, creation of derivative works, or unauthorized redistribution of the Software is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The Software is owned by BioPlus or is used with the permission of the copyright holder, and is protected by copyright laws and international treaty provisions. In addition to BioPlus proprietary code, the Software includes HTML, ASP code, VB (and scripting), JAVA (and scripting), C#, and Active X controls. Use of the Software is governed by these Terms of Use, and by any end user license agreements that govern use of third party software utilized in the BioPlus Website (“License Agreement”). The User shall not download, install, or use any Software that is governed by a License Agreement except in strict compliance with the terms of such License Agreement.

Without limiting the foregoing, copying, creation of derivative works, or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. The Software is warranted, if at all, only according to the terms of the License Agreements and these Terms of Use. BioPlus hereby disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

INDEMNITY

As a condition of use of the BioPlus Website or mobile communication, the User agrees to indemnify BioPlus from and against any and all liabilities, expenses (including attorneys’ fees at trial and on appeal), and damages arising out of claims resulting from the User’s use of the BioPlus Website or mobile communication, including without limitation any claims alleging facts that if true would constitute a breach of this Agreement by the User.

SERVICE CONTACT

Contact info@bioplusrx.com with questions or problems with the BioPlus Website or mobile communication.

MODIFICATION OF THESE TERMS AND CONDITIONS

BioPlus reserves the right to change this Agreement at any time by revising the terms and conditions herein. The User is responsible for regularly reviewing these terms and conditions. Continued use of the BioPlus Website or mobile communication following any such changes shall constitute the User’s acceptance of such changes.

COPYRIGHT POLICY

It is the policy of BioPlus to respect the intellectual property of others and thus to respond to effective notices of alleged infringement of copyright material where the copyright material is available at, or from, a system or network controlled or operated by or for BioPlus.

1. Notification. If you are alleging that copyrighted material may have been or is being infringed (hereinafter, you are a “complaining party”), then you may notify BioPlus pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the US Digital Millennium Copyright Act, 17 U.S.C. § 512(c), by sending email notice to the following Agent, who has been designated by BioPlus to receive notifications of alleged copyright infringement: Chief Security Officer, security@bioplusrx.com

Each notification of infringement must include the following: 1. a description of the allegedly infringed work in which copyright is claimed; 2. a description of the allegedly infringing material and information reasonably sufficient to permit BioPlus to locate the material; 3. information sufficient for BioPlus to contact you, including your name, address, telephone number, and/or email address; 4. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, by its agent, or the law; 5. a statement by you, made under penalty of perjury, that the above provided information is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and 6. a physical or electronic signature of the copyright owner or a person authorized to act on such owner’s behalf.

2. Response. In response to each notification of infringement containing the information specified under the heading “Notification” above, BioPlus or its Agent shall: 1. promptly remove or disable access to the material that is deemed infringing; 2. promptly provide written notification to the alleged infringer; and 3. take reasonable steps promptly to notify the alleged infringer that it has removed or disabled access to the material.

3. Counter Notification. Such alleged infringer may serve a Counter Notification on the designated Agent. Each Counter Notification must include the following: 1. identification of the material that has been removed or to which access has been disabled; 2. a statement, made under penalty of perjury, that the alleged infringer has a good-faith belief that the material was removed or disabled through mistake or misidentification; 3. the alleged infringer’s contact information, including name, address, telephone number, and a statement that the alleged infringer consents to the jurisdiction of the federal district court for the judicial district in which such address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which BioPlus may be found, and that the alleged infringer will accept service of process from the complaining party who provided notification pursuant to the heading “Notification” above or an agent or such person; 4. a physical or electronic signature of the alleged infringer or a person authorized to act on the alleged infringer’s behalf.

4. Response to Counter Notification. In response to each Counter Notification containing the information specified under the heading “Counter Notification” above, BioPlus or its Agent shall: 1. promptly provide the complaining party with a copy of the Counter Notification; 2. inform the complaining party that it intends to replace the removed material or cease disabling access to it within ten (10) business days; 3. replace the removed material or cease disabling access to the material within fourteen (14) business days following receipt of the Counter Notification, provided that BioPlus or its Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain subscriber from engaging in infringing activity relating to the material on BioPlus’ system or network.

NOTICE: Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys’ fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider, under Title 17, United States Code, Section 512(f).

MOBILE TERMS

The mobile alert program, called BioPlus SMS, uses SMS for onboarding new patients, prescription updates, shipment updates for orders, and therapy education. The short code for this program is 33284. For users, message and data rates may apply. The alert frequency will not exceed 10 messages per month. Users can opt out by texting STOP, END, CANCEL, QUIT or UNSUBSCRIBE. For assistance, users can text HELP, email marketing@bioplusrx.com, or call 888-292-0744. The carriers compatible with this program include: ACS/Alaska, Advantage Cellular (DTC Wireless), Aio Wireless/Cricket, Appalachian Wireless, Atlantic Tele-Network International (ATN), AT&T, Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Cellular Network Partnership (PIONEER), Cellular One of East Central Illinois, Chariton Valley Cellular, Chat Mobility USA, ClearTalk(Flat Wireless), Copper Valley, Coral Wireless (Mobi PCS), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp, Golden State Cellular, i Wireless (IOWA Wireless), Illinois Valley Cellular (IV Cellular), Immix(Keystone Wireless), Inland Cellular Telephone Company, Leaco, Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Northwest Missourri Cellular Limited, Panhandle Telecommunications Systems(PTCI), Peoples Wireless, Pine Belt Wireless, Pine Cellular, Revol Wireless USA, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, T-Mobile, Texas RSA 3 Ltd(Plateau Wireless), Thumb Cellular, Union Telephone Company(Union Wireless), United Wireless, Verizon Wireless, Viaero Wireless, West Central Wireless (5 Star Wireless), U.S. Cellular. Note: Carriers are not liable for delayed or undelivered messages.

GENERAL

BioPlus reserves the right to make any and all changes to the BioPlus Website or mobile communication at its sole discretion without notice to the User. BioPlus reserves the right to deny access to the BioPlus Website or mobile communication to anyone at any time. This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the BioPlus Website or mobile communication; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.

This Agreement is governed by the laws of the State of Florida, U.S.A. The User consents to the exclusive jurisdiction and venue of courts in Seminole County, Florida, U.S.A. in all disputes arising out of or relating to the use of the BioPlus Website or mobile communication. Use of the BioPlus Website or mobile communication is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph, but except for the exclusions of liability that may not be enforceable in a given jurisdiction.

The User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and BioPlus as a result of this Agreement or use of the BioPlus Website. The User agrees not to hold himself or herself out, as a representative, agent, or employee of BioPlus and BioPlus shall not be liable for any representation, act, or omission of the User.

BioPlus’ performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of BioPlus’ right to comply with law enforcement requests or requirements relating to the User’s use of the BioPlus Website or mobile communication or information provided to or gathered by BioPlus with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This Agreement constitutes the entire agreement between the User and BioPlus with respect to the BioPlusHealth Website or mobile communication and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and BioPlus with respect to the BioPlusHealth Website or mobile communication. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved to BioPlus