PonteVita Rx Terms of Use

These Terms were last updated on November 7th, 2023.

1. Contractual Relationship

These Terms of Use (“Terms”) govern your access or use, of the applications, websites, content, products, and services (the “Services,” as more fully defined below in Section 3) made available by PonteVita Rx, Inc. and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "PonteVita Rx", “us” or “we”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND PonteVita Rx.

By accessing or using the Services, you confirm your agreement to be bound by these Terms, including the information set forth in our privacy policy, located on the Privacy Policy and Notice to California Patients page. Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

If you do not agree to these Terms, do not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. PonteVita Rx may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason, except where prohibited.

If your use of the Services is terminated for any reason, then: (a) these Terms will continue to apply and be binding upon you in respect of your prior use of the Services (and any unauthorized further use of the Services), including your indemnification obligations; and (b) any rights or licenses granted to us under these Terms will survive such termination.

PonteVita Rx may amend the Terms from time to time. Amendments will be effective upon PonteVita Rx's posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.

PonteVita Rx’s collection and use of personal information in connection with the Services is described in PonteVita Rx's Privacy Policy located on the Privacy Policy and Notice to California Patients page.

2. Dispute Resolution

By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against PonteVita Rx on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against PonteVita Rx (except as noted below under “Batch Arbitration”), and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against PonteVita Rx by someone else.

Agreement to Binding Arbitration Between You and PonteVita Rx

You and PonteVita Rx agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and PonteVita Rx, and not in a court of law. Both parties further acknowledge and agree to waive any right to a trial by jury. For the avoidance of doubt, the scope of arbitration includes federal and state statutory and common law claims, including under the consumer protection laws and principles.

Class Action and Collective Relief Waiver

EXCEPT AS SET FORTH BELOW PURSUANT TO THE SECTION ENTITLED “BATCH ARBITRATION,” YOU AND PonteVita Rx ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE OR CONSOLIDATED BASIS, OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS CLAIMS AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF), UNLESS BOTH YOU AND PonteVita Rx OTHERWISE AGREE IN WRITING. THE ARBITRATOR MAY NOT PRESIDE OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING.

This Class Action and Collective Relief Waiver are an essential part of this "Dispute Resolution" section, and if it is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor PonteVita Rx may arbitrate such claim or dispute. Notwithstanding the foregoing, if a court or arbitrator determines that this is not enforceable as to a particular claim or request for relief, and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims. This provision does not prevent you or PonteVita Rx from participating in a class-wide settlement of claims.

Notwithstanding the foregoing, you and PonteVita Rx each retain the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction; (ii) bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party's claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party's right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

Mandatory Informal Dispute Resolution

If a dispute arises, PonteVita Rx is committed to working with you to reach a reasonable resolution. For any issue or dispute that arises between you and PonteVita Rx, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This includes first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account to (contact@pontevitarx.com) with the subject line “Patient Dispute.” The notification shall include the nature of the dispute, the product or service to which your dispute pertains, the date(s) of any disputed charges, the relief sought, and the party’s contact information (phone, address, email).

You and PonteVita Rx then agree to negotiate in good faith about the dispute through email and telephonic means. If the dispute is not resolved satisfactorily through this informal process within sixty (60) days after receipt of the written description of the dispute, you and PonteVita Rx agree to the further dispute resolution provisions below.

Please note that the aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process. Failure to engage in this process could result in the award of fees against you in arbitration.

Arbitration Rules and Governing Law

In the event the parties are unable to resolve the dispute via the “Mandatory Dispute Resolution Process” as set forth above, the parties may proceed with arbitration. If you are an individual, the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, except as modified by this Arbitration Agreement. If you are a business or legal entity other than an individual, then the arbitration will be administered by AAA in accordance with the AAA’s Commercial Arbitration Rules then in effect (and together with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, the “AAA Rules”), except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida.

Process

If you desire to initiate arbitration, you must provide PonteVita Rx with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides an applicable form Demand for both Consumer and Commercial disputes at www.adr.org). Additionally, your Demand for Arbitration shall set forth and allege sufficient facts in support of a legally-recognized cause of action, along with the amount of recovery sought in connection with each associated cause of action. In the event the Demand for Arbitration fails to adequately plead a cause of action or associated recovery as set forth herein, the Demand for Arbitration and/or cause of action shall be subject to dismissal by the Arbitrator. The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Florida and will be selected by the parties from either (i) the AAA's roster of consumer arbitrators for disputes with individuals, or (ii) the AAA’s roster of commercial arbitrators for businesses and other legal entities. If the parties are unable to agree upon an Arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Batch Arbitration

To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to AAA against PonteVita Rx within reasonably close proximity in time, the arbitration provider shall (i) administer the arbitration demands in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate one Arbitrator for each batch; and (iii) provide for a single fee due per side for any filing, administrative, or Arbitrator fees per batch. Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable AAA Rules for such selection, and the Arbitrator will determine the location where the proceedings will be conducted. You agree to cooperate in good faith with PonteVita Rx and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This "Batch Arbitration" provision shall in no way be interpreted as authorizing class arbitration of any kind. PonteVita Rx does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this section.

Location and Procedure

Unless you and PonteVita Rx otherwise agree, the arbitration will be conducted in the county where you reside. You agree to attend the arbitration hearing in-person, even if you are represented by counsel. If the claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and PonteVita Rx submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If the claim exceeds $10,000, your right to a hearing will be determined by the applicable AAA Rules. Subject to the applicable AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision

The Arbitrator will render an award within the time frame specified in the applicable AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. If a party prevails in arbitration, that party will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. For disputes involving individuals (as opposed to businesses or other legal entities) under this Arbitration Agreement, PonteVita Rx will not seek, and hereby waives all rights PonteVita Rx may have under applicable law to recover attorneys' fees and expenses if PonteVita Rx prevails in arbitration. For disputes involving business or other legal entities under this Arbitration Agreement, PonteVita Rx shall be entitled to recover its attorneys’ fees and expenses if PonteVita Rx prevails in arbitration.

Fees

It is your responsibility to pay your portion of any AAA filing, administrative, and arbitrator fees as set forth in the applicable AAA Rules. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the Arbitrator may require PonteVita Rx to pay the portion of that fee that exceeds the cost of filing suit. However, if the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the Arbitrator may determine that you are solely responsible for the entirety of the AAA filing, administrative, and Arbitrator fees.

You are responsible for your own attorneys' fees and any remaining AAA filing, administrative and arbitrator fees unless the AAA Rules and/or applicable law provides otherwise.

Severability and Survival

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

3. The Services

Telemedicine Visits

Information regarding your telemedicine visit is provided to us, stored, and added to your Account. Through the tools in your Account you can also access messages regarding your visit, as well as medical history and other details pertaining to your telemedicine visit

No Medical Advice by PonteVita Rx

The Providers who provide discounted telehealth visits as part of the services are independent of PonteVita Rx and are merely using the Site, or Healthie App as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from PonteVita Rx. Your interactions with the Providers via the Site, or Healthie App are not intended to take the place of your relationship with your regular healthcare practitioners or primary care physician. PonteVita Rx shall not be liable for any professional advice obtained from a Provider via the Site or Healthie App, nor any information obtained on the Site or Healthie App. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site, or Healthie App is solely at your own risk and you assume full responsibility for all risks associated therewith.

PonteVita Rx does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site, or Healthie App. You will be provided with an available Provider based solely on the information you submit to the Site, or Healthie App. You are ultimately responsible for deciding to accept the services of your particular Provider.

The content of the Site and the Healthie App, including, without limitation, any text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by PonteVita Rx. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by PonteVita Rx, or in connection with any communications supported by PonteVita Rx, is intended to be for general informational purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While PonteVita Rx facilitates your selection of, and communications with Providers through the Site and Healthie App, PonteVita Rx does not provide medical services, and the provider-patient relationship is between you and the Provider.

All other content available through the Site and Healthie App are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of the Site.

PonteVita Rx does not recommend or endorse any specific prescription drug or pharmacy that may be mentioned on the Site. Reliance on any information provided by PonteVita Rx, PonteVita Rx employees or others is solely at your own risk.

Fees and Payments

By starting your Membership, you authorize PonteVita Rx to charge your Payment Method a membership fee at the then current rate, which may change from time to time (the “Membership Fee”), on the first day of each Membership Cycle until your Membership is canceled, placed on hold, or terminated. PonteVita Rx reserves the right to change the timing of its billing, provided that PonteVita Rx will adjust the amount it bills in accordance with any such change.

If PonteVita Rx does not receive the Membership Fee from you, PonteVita Rx may terminate your access to the Services. All fees are non-refundable, unless otherwise provided in these Terms. As between you and PonteVita Rx, PonteVita Rx reserves the right to revise any fees at any time in PonteVita Rx's sole discretion.

If a Membership Fee is not successfully settled, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, including in the event you attempt to create a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.

PonteVita Rx will bill the Membership Fee to you through a third-party provider (currently, Stripe, Inc.) PonteVita Rx uses to process payments for the Services from your financial service provider. The third-party provider alone collects and manages your payment information, including, without limitation, any credit card numbers; PonteVita Rx does not store or have access to any of your payment information. You may have the option of establishing a payment account with the third-party provider to facilitate recurring payments, which would then be subject to separate terms and conditions. Click here for more information on how Stripe collects, uses, and protects your payment information.

Messaging Services

As part of PonteVita Rx membership, PonteVita Rx may send pricing information and coupons via communications, including, but not limited to, email and text messaging. By becoming a Member of PonteVita Rx, you are consenting to be contacted with prescription and condition specific-related information. You acknowledge that there may be some risk that the information in the communication(s) could be read by a third party.

Miscellaneous

Any cause of action brought by you against PonteVita Rx must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these PonteVita Rx Terms to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms.

You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this Site and Healthie App, or use of or access to this Site and healthie app.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site or Healthie App arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these PonteVita Rx Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these PonteVita Rx Terms or related rights shall not constitute a waiver of that right or provision.

Please contact us at (contact@pontevitarx.com) with any questions regarding these PonteVita Rx Terms.

PonteVita Rx.

PonteVita Rx is a producer of original health videos, with a comprehensive library of videos across a broad scope of health topics, such as disease conditions, nutrition, wellness, and lifestyle. All content provided by PonteVita Rx is for informational purposes only and does not provide medical advice.

Participation in Third-Party Promotions.

From time to time, this site or Healthie App may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

Purchases.

You can make purchases via certain Services. We accept credit cards and debit cards issued by U.S. banks. If a credit card account or debit card account is being used for a transaction, we may obtain pre-approval for an amount up to the amount of the payment. By enrolling in such services, you authorize us to charge the credit card or debit card associated with your Account on a recurring basis for the applicable amount of the recurring product and/or service until you cancel the applicable services through your Account. You may cancel the applicable services at any time. If you want to designate a different credit card or debit card or if there is a change in your credit card or debit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

4. Restrictions on Use

You agree not to use the Services in a way that is, in PonteVita Rx's discretion, harmful to minors in any way or violates any applicable law, regulation, obligation or other similar restrictions imposed by a government. You also agree not to violate any community requirements posted by PonteVita Rx from time to time, remove any copyright, trademark or other proprietary notices from any portion of the Services (including any discount coupons or other content sent to you), cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means. You shall promptly notify PonteVita Rx if you learn of any security breach related to the Services.

You agree that any prescriptions or pharmaceutical products that you acquire or obtain through the Services will be solely for your (or your family member’s or dependent’s, as applicable to whom the prescription is written for) personal use. PonteVita Rx may cancel, suspend, or terminate your access to the Site and the Services at any time and for any reason, including any violation of these Terms.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Services, deep-link to any feature or content on the Services, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Services or any activity being conducted on this Services.

You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit PonteVita Rx Services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.

You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet.

Your Account or access to Services may be terminated for any of the above infractions.

5. Not Medical Advice

The contents of the Services are for informational purposes only. The content does not provide medical advice and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health professionals or providers with any questions you may have regarding a medical condition or medicine. Never disregard professional medical advice or delay in seeking it because of the Services.

PonteVita Rx does not recommend or endorse any specific prescription drug or pharmacy that may be mentioned in relation to the Services. Reliance on any information provided by PonteVita Rx or the Services is solely at your own risk.

You may have access to medical professionals through the Telehealth Services or through third party services referenced or listed by the Services.

With respect to the Telehealth Services, PonteVita Rx does not provide medical advice or care. PonteVita Rx contracts with the Providers who provide clinical telehealth services. The Providers deliver clinical services via the PonteVita Rx platform to their patients. Providers are independently contracted. Providers are not contracted or employed by PonteVita Rx. The Providers, and not PonteVita Rx, are responsible for the quality and appropriateness of the care they render to you. The Providers are independent of PonteVita Rx and are merely using the Site as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from PonteVita Rx. While PonteVita Rx facilitates your communications with, Providers, PonteVita Rx does not provide medical services, and the doctor-patient relationship is between you and the medical Provider alone.

The Site also provide information about links to services with which you may provide you with online visits for many popular health conditions, which visits may include medical advice from medical professionals who are able to prescribe medication. To the extent you wish to use the service, you are receiving advice and prescriptions from third parties and not PonteVita Rx. Any advice or services you receive will be subject to additional terms you will agree to from such third parties.

The content of the Site and Healthie App, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, counseling, diagnosis, treatment, the practice of medicine including but not limited to psychiatry, psychology or psychotherapy, the creation of a physician-patient or clinical relationship or recommendations of any kind by PonteVita Rx. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions or any other matter related to your health or general well-being. All information provided by PonteVita Rx, or in connection with any communications supported by PonteVita Rx, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.

The inclusion of information and links related to any third-party telehealth provider in the Services is for informational purposes only. PonteVita Rx is not arranging for any referral to, or making any recommendation of, or referral to, any particular telehealth provider. The inclusion of any telehealth provider’s information or links in the Services does not constitute an endorsement or recommendation by PonteVita Rx. It is your responsibility to select a telehealth provider of your choice, if any, based on your own research and due diligence. PonteVita Rx does not credential or certify healthcare practitioners. You are completely free to choose any telehealth provider referenced by the Services, to choose your own telehealth provider not referenced by the Services, or to have an exam performed by an in-person provider.

If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.

6. The Services are “As Is”

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PonteVita Rx MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. PonteVita Rx DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PonteVita Rx SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.

PonteVita Rx is not obligated to provide any maintenance, technical or other support for the Service, Site, or Healthie App.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services, Site, and Healthie App. Your mobile network's data and messaging rates and fees may apply if you access or use the Services, Site, and Healthie App from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services, Site, and Healthie App and any updates thereto. PonteVita Rx does not guarantee that the Services, Site, and Healthie App, or any portion thereof, will function on any particular hardware or devices. In addition, the Services, Site, and Healthie App may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

7. Eligible Users

The Services are offered and available to users who are 18 years of age or older. By using the Services, Site, and Healthie App, you represent and warrant that you are of legal age to form a binding contract with PonteVita Rx and meet all of the foregoing eligibility requirements. The Services are offered and available to users who reside in the United States or any of its territories or possessions. If you do not meet all of these requirements, you must not access or use the Services.

8. License

PonteVita Rx Limited License to You.

Subject to your compliance with these Terms, PonteVita Rx grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the PonteVita Rx websites, and Healthie App and mobile applications solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by PonteVita Rx and PonteVita Rx's licensors.

Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by PonteVita Rx; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Third Party Services and Content.

The Services may link you to other websites and services on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other third parties. These websites and services may contain information or material that some people may find inappropriate or offensive. These other websites, services and parties are not under PonteVita Rx's control, and you acknowledge that PonteVita Rx and its Affiliates are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the materials or substance of such websites and services, nor are PonteVita Rx or its Affiliates responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either express or implied. The inclusion of any telehealth provider on PonteVita Rx’s marketplace or in any other communication is for informational purposes only. PonteVita Rx is not arranging for any referral to, or making any recommendation of, or referral to, any particular telehealth provider. The inclusion of any telehealth provider does not constitute an endorsement or recommendation by PonteVita Rx, whether or not the telehealth provider appears on the PonteVita Rx marketplace or is accessible through hyperlinks in the PonteVita Rx website. Any listing of telehealth providers only indicates that such telehealth providers have contracted to be listed on PonteVita Rx’s marketplace. It is your responsibility to select a telehealth provider of your choice, if any, based on your own research and due diligence.

The Services may be made available or accessed in connection with third party services and content, including advertising. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. PonteVita Rx does not endorse such third party services and content and in no event shall PonteVita Rx be responsible or liable for any products or services of such third party providers, including pharmaceutical products or medical care (“Third Party Providers”).

Ownership.

Copyright © 2023 PonteVita Rx, Inc. All Rights Reserved.

The following are registered trademarks or service marks of PonteVita Rx or its Affiliates: PonteVita Rx. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of PonteVita Rx or its Affiliates. All other trademarks or service marks are property of their respective owners. The Services and all rights therein are and shall remain PonteVita Rx's property or the property of PonteVita Rx's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner PonteVita Rx's company names, logos, product and service names, trademarks or services marks or those of PonteVita Rx's licensors. For purposes of these Terms, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services available to users utilizing the Services, Site, and/or Healthie App. By accepting these Terms, you acknowledge and agree that all content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of PonteVita Rx and/or its Affiliates. You are only permitted to use the content as expressly authorized by PonteVita Rx 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 content in any form or by any means without prior written permission from PonteVita Rx or the specific content provider, and you are solely responsible for obtaining permission before reusing any content. Any unauthorized use of content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither PonteVita Rx nor its Affiliates warrant or represent that your use of content will not infringe the rights of third parties.

9. User Accounts

In order to use some aspects of the Services, you must register for and maintain one or more accounts (“Accounts”). Account registration requires you to submit to PonteVita Rx certain personal information, such as your full name, email address, date of birth, or mobile phone. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access or use the Services, Site, and Healthie App.

PonteVita Rx and the medical Providers may contact you by telephone, mail, or email to verify your Account information. PonteVita Rx and the medical Providers may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested, we reserve the right to suspend, discontinue, or deny your access to and use of the Services until you provide the information to us as requested.

You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Therefore, you must take steps to ensure that others do not gain access to your password and Account. Our personnel will never ask you for your password. You may not transfer or share your Account with anyone, and we reserve the right to immediately terminate your Account if you do transfer or share your Account. Unless otherwise permitted by PonteVita Rx in writing, you may only possess one Account. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials).

You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

10. Messaging Services

PonteVita Rx may allow users to request and receive information, and marketing messages via communications, including but not limited to text messaging and email. By providing us with your contact information, you are consenting to receive information, coupons and marketing messages from PonteVita Rx, including being contacted with communications containing prescription and health-related information and medical information. You acknowledge that there may be some risk that the information in the communication(s) could be read by a third party. PonteVita Rx provides no warranty for any of the pricing data or other information provided to you via such communications. If you provide us with a third party's contact information in connection with a messaging service, you represent that you have permission for us to contact such third party, including with certain health-related information. When you use the Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

Consent to Receive Text Messaging and Telephone Calls.

  1. When you opt-in to receive SMS messages from PonteVita Rx, you agree that PonteVita Rx may contact you by text message (including by an automatic telephone dialing system) at the mobile number provided by you or on your behalf in connection with your PonteVita Rx account or otherwise provided to us, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services.
  2. You can cancel this service at any time by texting STOP in response to a message, or by texting “STOP“ to 484-755-3588. After you send the message "STOP" to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us.
  3. Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
  4. T-Mobile is not liable for delayed or undelivered messages.
  5. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency will vary based on your use. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.For all questions about the services provided by this short code, you can text us for free with any questions at 484-755-3588.
  6. If you have any questions regarding privacy, please read our privacy policy page.

11. User Provided Content

PonteVita Rx may, in PonteVita Rx's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to PonteVita Rx through the Services textual, audio, and/or visual content and information, including commentary, testimonials and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). You may also submit User Content via surveys, customer service communications and social media channels. You grant PonteVita Rx a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content, including in edited and partial form, together with your name, location, and any other personal information you provide in all formats and distribution channels now known or hereafter devised (including in connection with the Services and PonteVita Rx's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant PonteVita Rx the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor PonteVita Rx's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by PonteVita Rx in its sole discretion, whether or not such material may be protected by law. PonteVita Rx may, but shall not be obligated to, review, monitor, or remove User Content, at PonteVita Rx's sole discretion and at any time and for any reason, without notice to you, except where prohibited.

12. Disclaimers; Limitation of Liability; Indemnity

DISCLAIMER.

ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PonteVita Rx DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, PonteVita Rx MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, ACCURACY, TIMELINESS, QUALITY, SECURITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. PonteVita Rx DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS, INCLUDING THE MEDICAL PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

INFORMATION AVAILABLE THROUGH THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED THEREIN TO STOP PROVIDING MAIL DELIVERY SERVICES, AND TO SWITCH OUR ASSOCIATED THIRD PARTY CONTRACTORS AND VENDORS, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICES OR THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Services, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. PonteVita Rx MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, CONTENT, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES OR THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY PonteVita Rx OR ITS AFFILIATES.

Content available through the Services often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with PonteVita Rx. PonteVita Rx does not endorse, nor is it responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized PonteVita Rx, Inc. spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms.

You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the Services are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY THE PHARMACIES LISTED ON THE SITE MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY THE PHARMACY OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. PonteVita Rx DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

PonteVita Rx SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE MEDICAL PROVIDERS. PonteVita Rx SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF PonteVita Rx, EVEN IF PonteVita Rx HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PonteVita Rx SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF PonteVita Rx HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PonteVita Rx SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PonteVita Rx'S REASONABLE CONTROL.

THE SERVICES MAY BE USED BY YOU TO ACCESS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT PonteVita Rx HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS. FURTHER, PonteVita Rx SHALL NOT BE LIABLE IN ANY WAY FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF MEMBERSHIP FEES

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES OR PRODUCTS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PonteVita Rx’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON PonteVita Rx’S CHOICE OF LAW PROVISION SET FORTH BELOW. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF PonteVita Rx TO YOU WITH RESPECT TO YOUR USE OF THE SERVICES IS $50 (FIFTY DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

Indemnity.

You agree to indemnify and hold PonteVita Rx and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees related to defending or resolving any suits), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) PonteVita Rx's use of your User Content; (iv) your violation of the rights of any third party, including Third Party Providers or (v) your violation or alleged violations of applicable laws or regulations, including anti-spamming rules, regulations, laws, statutes. PonteVita Rx reserves the right, at its 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 PonteVita Rx in asserting any available defenses.

13. Other Provisions

Choice of Law.

These Terms are governed by and construed in accordance with the laws of the State of Florida, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Floridians to assert claims under Florida law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of Florida law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Florida law to you if you do not otherwise reside in Florida. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.

Claims of Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe their rights under US copyright law have been infringed. If you believe in good faith that materials hosted by us infringe your copyright (for example, materials posted by a user on one of our forums), you or your agent can send us a notice requesting that the material be removed or access to it blocked. In the event the site allows you to upload copyrighted material, these Terms apply.

If you believe your copyright-protected work has been posted on the site or in conjunction with Service in a way that constitutes copyright infringement (please consult an attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws), please contact our DMCA Agent with a notice containing the following information:

  • Reasonably sufficient details to enable us to identify the work claimed to be infringed (e.g., title, author, any registration or tracking number, URL) or, in the case of multiple works, a representative list of such works;
  • Reasonably sufficient details to enable us to identify and locate the material claimed to be infringing (e.g., a link to the page that contains the material);
  • Your name, address, telephone number, and, if available, email address;
  • A statement that you have a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
  • A written statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
  • Your physical or electronic signature.

If you believe material that you have posted to the Services has been improperly taken down, you may file a written counter-notice with our DMCA Agent. Please include the following details:

  • Identification of the material that has been removed or to which access has been disabled and the location at which it appeared before it was removed or disabled;
  • A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
  • Your name, address, telephone number, and, if available, email address;
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside the US, for any judicial district in which PonteVita Rx may be found, and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as described above; and
  • Your physical or electronic signature.

DMCA notices must meet current statutory requirements imposed by the DMCA.

Please send DMCA notices to our DMCA Agent at the following address or by email (subject line “DMCA Communication”): DMCA Agent, PonteVita Rx, Inc., 2701 Olympic Blvd., Santa Monica CA 90404.

Email: (contact@pontevitarx.com)

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake, may be subject to liability. Please also be advised that we enforce a policy of terminating the Accounts of repeat infringers (i.e., users who have made two or more postings for which we receive a notice of infringement).

PonteVita Rx’s DMCA Agent should be contacted only for the purposes set forth in this Section. NON-DMCA INQUIRIES DIRECTED TO PonteVita Rx’S DMCA AGENT WILL NOT BE ANSWERED. MISUSE OF THE DMCA CAN SUBJECT YOU TO LIABILITY.

Notice.

PonteVita Rx may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to PonteVita Rx, with such notice deemed given when received by PonteVita Rx, at any time by first class mail or pre-paid post to PonteVita Rx, Inc., 5840 Red Bug Lake Road #1619 Winter Springs, FL 32708. Contact@pontevitarx.com

Entire Agreement.Except as expressly provided herein, these Terms, any supplemental terms, and the Privacy Policies referenced herein constitute the entire agreement between you and PonteVita Rx with respect to the use of the site, healthie app, and Services.

General.

You may not assign these Terms without PonteVita Rx's prior written approval. PonteVita Rx may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of PonteVita Rx's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, PonteVita Rx or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. PonteVita Rx's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PonteVita Rx in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms. Please contact us at (Contact@pontevitarx.com) with any questions regarding these Terms.