MANGOCEUTICALS, INC (dba MangoRx) TERMS & CONDITIONS

Last Updated: April 11th, 2025

BY ACCESSING OR USING THE WEBSITE, CLICKING "I AGREE," OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, ACCEPTED AND AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, INCLUDING THE MANGOCEUTICALS CONSENT TO TELEHEALTH, THE PHARMACY DISCLAIMER, AND THE MANGOCEUTICALS PRIVACY POLICY AND NOTICE OF PRIVACY PRACTICES.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY EXIT OUR WEBSITE AND STOP USING OUR SERVICES.

By clicking “I Agree,” you grant agency authority to the individual clicking for creation of your account on your behalf.

ARBITRATION NOTICE

Any controversy or claim arising out of or related to this Agreement, or to the breach thereof, whether sounding in contract, tort, or otherwise, shall be settled by arbitration at the American Arbitration Association in Dallas, Texas, in accordance with the rules then in effect of the American Arbitration Association (“AAA”). The arbitrator may award costs and attorneys’ fees to the prevailing party. THE PARTIES HEREBY WAIVE THE RIGHT TO A JURY TRIAL. This agreement shall be governed by and construed in accordance with the laws of the United States and the laws of the State of Delaware, without reference to the conflicts of laws provisions thereof. Any claims or legal actions by one party against the other shall be commenced and maintained exclusively in any state or federal court located in Dallas, Texas. The prevailing party shall be entitled to an award of reasonable attorneys’ fees.

NOT FOR EMERGENCIES

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 9-1-1.

The Service is not appropriate for all medical conditions. MangoRx Providers may find certain situations contraindicated for treatment through the Service.

Services provided through the Service do not establish a patient-provider relationship with MangoRx itself. You should not postpone seeking medical advice based on website content. Continue seeing your primary care physician and other providers as recommended.

YOUR RELATIONSHIP WITH US / OUR SERVICES

MangoRx operates as a technology platform connecting users to prescription fulfillment services through Epiq Scripts, LLC pharmacy and various Medical Groups with contracted healthcare providers. MangoRx is not a healthcare provider. Using the Service does not establish a doctor-patient relationship with MangoRx itself, though one may form with individual Providers.

Users may choose preferred pharmacies but should note that e-script transfer requests incur fees determined by the pharmacy.

By accepting this Agreement, you acknowledge and agree that any services you receive through the Platform are also subject to this Agreement.

PHARMACY DISCLAIMER

Drug and medical information on the website does not cover all adverse effects, interactions, warnings, uses, indications, directions, and precautions. The information provided is not a substitute for physician judgment.

All products on this Website require you to consult with a healthcare provider and receive a prescription before any product will be dispensed.

Compounded prescription products lack FDA testing or approval but use FDA-approved active pharmaceutical ingredients following USP guidelines when compounded per valid prescriptions.

ONLINE PAYMENTS

For the purchase of Services on the Website, we accept credit and debit cards issued by U.S. banks. Users can designate different payment methods by logging into their account or contacting support. For auto-renewing products, charges continue until the user cancels at least 48 hours before renewal.

You represent, assure and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, and (iii) charges incurred by you will be honored by your credit card company. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees.

PRESCRIPTION PRODUCTS

Valid prescriptions from qualified healthcare professionals are necessary for certain Platform products. Users cannot purchase prescription products until completing an online consultation where the Provider determines medical necessity.

DEA-controlled substances, scheduled drugs, and some other drugs that may be harmful due to their potential for abuse are not prescribed by providers.

Users agree prescriptions are for personal use only and cannot be diverted or sold.

If a Provider writes a prescription, you voluntarily and unconditionally waive your right to fill the prescription at any pharmacy of your choice.

NOT AN INSURANCE PRODUCT

MangoRx is not the insurer, the Services are not insurance products, and the amounts you pay to MangoRx are not insurance premiums.

Special Notice to Medicare and Medicaid Beneficiaries

Neither federal nor state programs currently pay for these services as delivered through telemedicine.

LIMITED USE AND AVAILABILITY

Services are available only to U.S. residents aged 18+ (or legal age of majority) in states where MangoRx operates. You represent that you satisfy all eligibility requirements and agree to comply with applicable laws.

Accessing the Website or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.

CONSENT TO USE OF TELEHEALTH SERVICES

You agree that information provided by you in connection with the Services shall be governed by the MangoRx Consent to Telehealth, which is hereby incorporated and made a part of this Agreement.

PRIVACY POLICY

You agree that information provided by you in connection with the Services and Website shall be governed by the MangoRx Privacy Policy, which is hereby incorporated and made a part of this Agreement. MangoRx recognizes the importance of maintaining your personal information’s confidentiality and privacy. For a description of how we may collect, use, and disclose your personal information, please see our Privacy Policy.

DUTY TO PROVIDE INFORMATION, ACCESS, AND CONNECTIVITY

You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software, and hardware capabilities to enable the use of the Service, including but not limited to a computer or mobile device with a video camera and Internet access.

You must provide truthful, accurate, complete information in all submissions and bear all fees associated with service use.

PROTECTED HEALTH INFORMATION

When you set up an account with MangoRx, you are creating a direct customer relationship with MangoRx that enables you to access and/or utilize the various functions of the Service as a user. As part of that relationship, you provide information to MangoRx, including, but not limited to your name, email address, shipping address, and phone number, that we may collect, transmit, analyze, use and disclose in accordance with our Privacy Policy, and that we do not consider to be “health” or “medical” information.

However, in using certain components of the Service, you may also provide certain medical information that may be protected under applicable laws. MangoRx is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). However, in some circumstances, MangoRx may be a “business associate” of a Pharmacy or Medical Group. To the extent MangoRx is deemed a “business associate”, and solely in its role as a business associate, MangoRx may be subject to HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the Medical Group (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state or local laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.

REGISTRATION, USER ACCOUNTS, PASSWORDS, AND SECURITY

You are obligated to register and set up an account in the Platform in order to access the Service, and the Service is available only to Users who have registered and have been granted accounts with usernames and passwords. You agree to accurately maintain and update any information about yourself that you have provided to MangoRx, the Medical Group or its Providers, or the Pharmacy. If you do not keep such information current, fail to submit truthful, accurate, and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Service. You also agree to immediately notify MangoRx of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Service by emailing MangoRx at [email protected]. In addition, you agree to keep confidential your username and password and to exit from your User account at the end of each session. MangoRx explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.

You may not use anyone else’s account at any time. You are responsible for making all arrangements necessary for you to have access to the Website. Ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

When establishing an account, you will be required to provide a username and password that will be used as your login for your account. To help protect the privacy of data you transmit through the Service, where personally identifiable information or Protected Information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, we take steps to protect the User data we collect against unauthorized access. However, you should keep in mind that the Service and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control.

It is your responsibility to affirmatively log out from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone, and other devices, and to protect the confidentiality of your username and password. MangoRx is not liable or responsible for the improper or unauthorized use of your username and password by third parties. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You should use particular caution when accessing your account from a public or shared computer or wifi network so that others are not able to view or record your password or other personal information.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You must exercise caution, good sense, and sound judgment in using the Service. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you. MangoRx may investigate any alleged or suspected violations and if a criminal violation is suspected, MangoRx may cooperate with law enforcement agencies in their investigations.

USE AND OWNERSHIP OF THE SERVICE

The Service and the information and Content available through the Service are protected by United States and international copyright and trademark laws. Subject to this Agreement, MangoRx grants you a limited, personal, nonexclusive license, non-transferable, revocable license to access and use the object code version of the Service for your personal use. Unless otherwise specified by MangoRx in a separate license, your right to use any of the Service or the Content is subject to this Agreement and all rights in the Service and Content are reserved by MangoRx. You agree that MangoRx and its suppliers own all rights, title and interest in the Service (including but not limited to, any computer code, themes, objects, text, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation).

Neither the Website and Services, nor any part of the Website and Services, may be reproduced, duplicated, copied, sold, resold, visited, distributed, modified, published, or used, in whole or in part, or otherwise exploited for any commercial purpose without express written consent of MangoRx. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.

LICENSE TO INFORMATION SUBMITTED VIA THE SERVICE

Subject to any limitations on PHI described herein, any information you transmit to MangoRx via the Service, whether by direct entry, submission, email, or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Feedback”), will be treated as non-confidential and non-proprietary, to the extent permitted by applicable law. You grant MangoRx a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Feedback (in whole or in part) for the purposes of operating and providing the Service to you and other users, subject to any applicable account settings that you select.

MangoRx may de-identify your information such that it is no longer considered protected health information or personally identifiable information. MangoRx may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.

If any Feedback you provide contains Protected Information, MangoRx’s rights under this section with respect to the use or disclosure of such Protected Information will be limited as and to the extent required under applicable law.

PROHIBITED USE

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. Any use or attempted use of the Service (i) for any unlawful, unauthorized, fraudulent, illegal or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by MangoRx to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by MangoRx, (vii) to reverse engineer, disassemble or decompile any section or technology on the Service, or (viii) for any use other than the business purpose for which it was intended, is prohibited.

MangoRx reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User’s access and/or account, seeking injunctive relief or file a report with any governmental agency, if necessary. MangoRx may take appropriate legal action, including without limitation, referral to law enforcement and/or third parties in the investigation, for any suspected or alleged illegal or unauthorized use of the Website or any crime or civil wrong.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

RIGHT TO MONITOR

MangoRx reserves the right to monitor general use of the Service at any time as it deems appropriate and to remove and edit any materials that, in MangoRx’s sole discretion, may be illegal, may subject MangoRx to liability, may violate this Agreement, or are, in the sole discretion of MangoRx, inconsistent with MangoRx’s purpose for the Service.

THIRD-PARTY GOODS AND SERVICES

Parties other than MangoRx, including Pharmacy, Medical Group and Providers (collectively, “Third-Parties”) provide services or sell products through the Service, and MangoRx may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by Third-Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and any interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties and independent of MangoRx. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.

You agree that MangoRx shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Platform, any Third-Party Goods and Services or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, any other User or any other entity or individual, you understand, acknowledge and agree that MangoRx is under no obligation to become involved in such dispute, and you hereby release and indemnify MangoRx, its affiliates and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “MangoRx Parties”) from any and all claims, losses, suits, 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 Service 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.”

Certain of MangoRx’s shareholders, directors, officers, employees, contractors or agents (collectively, “MangoRx Owners and Personnel”) may have a financial interest in one or more Third Parties, and may profit from your use of the Third Parties and/or the sale of Third-Party Goods and Services to you.

EXTERNAL LINKS

The Platform may contain links to third-party websites. Linked websites are not under the control of MangoRx, and MangoRx is not responsible for the content of any linked website. Links are provided as a convenience only, and a link does not imply that MangoRx endorses, sponsors, or is affiliated with the linked website. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites; these Terms and Conditions do not apply to other websites. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. MangoRx disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked websites.

TERMS OF SALE

All products offered for sale by MangoRx are subject to availability and we reserve the right to impose quantity limits, or adjust the timing of shipment, on any order or reject all or any part of an order without prior notice.

We do not offer any refunds or returns. All sales are final.

In the event of an error, we reserve the right to correct the error (Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party) and revise your order accordingly.

All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed.

You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees.

You represent, assure and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase.

Unless we state otherwise in writing via the Service, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.

Your placement of an order does not necessarily ensure that we will accept your order. We will process your order and Product for shipment.

REFUND POLICY

Due to legal restrictions, MangoRx cannot accept returns of prescription medications for reuse or resale.

If you feel that we made an error in the filling of your prescription, please contact us at [email protected] as soon as possible.

It is our goal to provide the very best service and we will immediately do everything in our power to correct any mistakes.

If you need to dispose of any medication, please consult the following FDA Link: Where and How to Dispose of Unused Medicines.

Exchanges (if applicable)

With that said, we want you to receive high-quality products that are ready to use. That means we will replace items if they are defective or damaged.

If you need to exchange it for the same item, send us an email at [email protected] and we’ll coordinate with you how to exchange your order.

TERMINATION

MangoRx, at its sole and unilateral discretion, may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if our agreement with the Medical Groups or Pharmacy terminate, or if we discontinue the Service. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with MangoRx. You agree that if your use of the Service is terminated pursuant to this Agreement, you will not attempt to use the Service under any name, real or assumed, directly or indirectly, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all MangoRx Parties harmless from any and all liability that any such MangoRx Parties may incur with respect thereto.

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 Service, to return or otherwise provide to you or any third party on your behalf any 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.

DISCLAIMERS

Content and other information contained on the Service is provided by MangoRx as a convenience. The Service may include inadvertent inaccuracies or errors, or information or materials that violate these Terms and Conditions. Any information presented as of a particular date may only be accurate as of such date and we disclaim any responsibility to update such information. Additionally, the possibility exists that a third party could make unauthorized alterations to the content or features such as typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations of the Service. In the event that an inaccuracy arises or identified errors, please inform MangoRx so that it can be corrected. MangoRx shall have no responsibility or liability for information or content posted to the Website from any non-MangoRx affiliated third party. Although we attempt to ensure the integrity of the Service, we make no guarantees as to their completeness or correctness. Users relying on Content or other information from the Service do so at their own risk.

MangoRx reserves complete and sole discretion with respect to the operation of the Website and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Website or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carriers. We are not responsible for maintaining information arising from use of the Website or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Website or the Services in accordance with our internal record retention and/or destruction policies.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. THE MANGORX PARTIES AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS AND THE PHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM 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. MANGORX DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. MANGORX 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

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MANGORX PARTIES OR ANY THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS AND THE PHARMACIES, BE LIABLE OR RESPONSIBLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL WITHOUT LIMITATION DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, WEBSITE-RELATED SERVICES, AND/OR ANY LINKED WEBSITE, OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED BY THE MEDICAL GROUP OR ITS PROVIDER(S), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MANGORX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF FORESEEABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, WEBSITE-RELATED SERVICES, AND/OR LINKED WEBSITE IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF MANGORX PARTIES SHALL BE LIABLE ONLY TO YOU WITH RESPECT TO YOUR USE OF THIS WEBSITE IS NOT TO EXCEED U.S. $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM, SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, SERVICE OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM, SERVICE OR CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

FORCE MAJEURE

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

INDEMNIFICATION

You agree to defend, indemnify, protect and hold the MangoRx Parties and any third-party offering products or services through the Service harmless from and against any and all suits (no matter whether at law or equity), demands, actions, claims, proceedings, damages, causes of action, actions, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, penalties, enforcement actions and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from (i) your use or misuse of the Website, Products, Services or any information posted on the Website; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to MangoRx, any Provider or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Website, Products, Services, or any information on the Website, including without limitation, infringement of third party intellectual property rights, privacy rights, contractual breaches or negligent or wrongful conduct. We reserve the right to direct the defense of any third-party claim for which we are entitled to indemnification, and you agree to cooperate with us as we reasonably request, including making yourself available to provide information or attend scheduled events.

NOTICES

MangoRx may provide you with notices regarding the Service or this Agreement via email, a posted notice on the Service, or regular mail, at its sole discretion.

ELECTRONIC COMMUNICATIONS

When you access or use the Website or Services or send emails, messages, and other communications from your desktop or mobile device to us, the Medical Group or its Providers, you are communicating with us, the Medical Group and its Providers electronically. You consent to receive communications from us, the Medical Group and its Providers electronically. MangoRx 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 within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Website and the Services until you provide the information to us as requested.

We will communicate with you via telephone, mail, email or through the Service. To stop receiving communications through email, text messages, mobile push notifications, or phone calls, you may email [email protected] or otherwise use the available procedures provided in the communications we sent to you and withdraw your consent.

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. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.

CLAIMS OF COPYRIGHT INFRINGEMENT

It is MangoRx’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to MangoRx by the copyright owner or the copyright owner’s legal agent. We disclaim any responsibility or liability for copyrighted materials posted on our Website. MangoRx respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to MangoRx’s Designated Copyright Agent.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Website by sending us a notice complying with the following requirements: (1) Provide a full legal name, an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Service of the material that you claim is infringing; (4) your mailing address, telephone number and, if available, e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Contact information for MangoRx’s copyright agent for notice of claims of copyright infringement is as follows: [email protected].

ENTIRE AGREEMENT

This Agreement, as well as any other agreements MangoRx may post on the Service or that you and MangoRx may execute from time to time, constitute the entire agreement between MangoRx and you in connection with your use of the Service, superseding any prior agreements between MangoRx and you regarding use of the Service, including previous versions of this Agreement.

BINDING ARBITRATION / CLASS WAIVER

If you bring an issue to our customer service department, we will try to work with you in good faith to resolve any issue you have with the Website, including without limitation, Products and Services ordered or purchased through the Website. However, we recognize that there may be a few instances in which we are unable to resolve an issue to the satisfaction of a customer.

YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND MANGORX OR YOU AND ANY OF THE MANGORX PARTIES OR ANY MEDICAL GROUP OR PROVIDER ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO MANGORX, MANGORX PARTIES, THE PLATFORM, THE CONTENT OR THE SERVICE, OR ANY OTHER MANGORX GOODS, SERVICES OR ADVERTISING, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN.

THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. YOU ACKNOWLEDGE THAT YOU AND MANGORX ARE EACH VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, OR CLASS ACTION, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL CAPACITY AND NOT ON A PLAINTIFF, CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING.

Unless MangoRx and you agree otherwise, the arbitration shall be conducted in Austin, Texas. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules.

You can opt out of the provisions of this Agreement that require the arbitration of Disputes within 30 days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with MangoRx. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with MangoRx to: Mangoceuticals, Inc., [email protected], ATTN: Arbitration Opt-Out.

GOVERNING LAW; VENUE; SEVERABILITY OF PROVISIONS

MangoRx manages and operates this service from its headquarters in Texas. Those who choose to access the Service from other locations do so at their own risk and are responsible for adhering to local laws, if and to the extent that they do so. Access to the Service is prohibited from jurisdictions where the Service’s contents are illegal or punishable.

The Federal Arbitration Act and the laws of the State of Texas, without regard to any conflicts of law provisions, will govern the validity, interpretation, construction, and performance of this Agreement.

To the fullest extent permitted by law, all provisions of this Agreement apply. Any failure on our part to enforce any provision of this Agreement will not be construed as a waiver of that right. We both agree that if a part of this Agreement cannot be enforced as written, that part will be replaced with terms that, to the extent permitted by law, most closely match the intent of the unenforceable part. The invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions, unless otherwise stated in this Agreement.

NO AGENCY RELATIONSHIP

Neither this Agreement, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and MangoRx, the Medical Groups, the Providers or the Pharmacy. You may not enter into any contract on our behalf or bind us in any way.

ASSIGNMENT

Any attempt by you to assign any of your rights under this Agreement will be null and void. In the event that some or all of MangoRx’s business is transferred to such other third party by way of merger, sale of assets, or other means, MangoRx may, in its sole discretion, transfer all contractual rights and obligations under this Agreement to any affiliate of MangoRx or to another third party without further consent or notification.

THIRD PARTY BENEFICIARIES

The license or terms of use for any third-party software provided in connection with the Service, as well as any third-party product or service accessed or used in connection with the Service, will be governed by the applicable third-party’s license or terms of use, not by this Agreement. In addition to this Agreement, all applicable third-party terms of agreement must be followed when using the Service.

MangoRx hereby expressly agrees that neither party intends to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor, or third party, except as expressly set forth in this Agreement.

HOW TO CONTACT US

Please contact us by email at [email protected] if you have any questions or concerns about this Agreement. We will make every effort to respond to your questions or concerns as soon as possible after receiving them.