TERMS OF USE

Last modified: January 9, 2026

Please read these terms carefully before using this website. These terms
govern your access to and use of any website that is owned or controlled by
Bonafide Health, LLC (“Company”) and that posts a link to these Terms of Use (collectively,
the “Sites,” and individually, a “Site”). Your use of this website is your
acceptance of these terms, and the privacy policy, found at Privacy Policy, incorporated herein by reference. 
Your access to and use of the Site or purchase of products from the Site
is also subject, if applicable, to the following additional terms: the Individual Purchaser Terms and
Conditions for Uqora products and the Consumer Health Data Privacy Policy (together with these Terms of Use,
the “Terms”).

We make
no representation that content, materials or information made available on or
accessed through the Site are appropriate or available for use outside of the
United States, and access to them from territories where their contents are
illegal is prohibited. We reserve the right to limit the availability of the
Site or any portion of the Site, to any person, geographic area, or
jurisdiction, at any time and in our sole discretion, and to limit the
quantities of any content, program, product, service or other feature that we
provide, and to offer different products or prices based on geographic area.  If you access the Site from outside of the
United States you do so at your own risk and are responsible for compliance
with all applicable laws, including without limitation export and import
regulations and intellectual property laws of the Unites States and other
countries.  Any diversion of the Site and/or any materials
obtained from or through the Site contrary to the laws of the United States or
any other jurisdiction is prohibited.

These Terms are the entire agreement between the Company and you with
respect to the use of this Site and supersede all other understandings, whether
oral or written with respect to the Site and its contents. In the event of any
conflict between these Terms and any agreement or understanding related to the
Site, the Terms shall control. The Company reserves the right to modify these
Terms at any time without prior notice or liability to you. All changes are
effective immediately when we post them, and apply to all access and use of the
Site thereafter. Continued use of this Site by you constitutes your acceptance
of any revisions to these Terms and agreement to be bound by these Terms.
Please check this page regularly so you are aware of any changes, as they are
binding on you.

We reserve the right to amend this Site, and any service we provide on
the Site without notice. We will not be liable if for any reason all or any
part of the Site is unavailable at any time or for any period. To access the
Site or some of the resources it offers, you may be asked to provide certain
registration details or other information. It is a condition of your use of the
Site that all the information you provide on the Site is correct, current and
complete. You agree that all information you provide to register with this Site
or otherwise, including but not limited to through the use of any interactive
features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information
consistent with our Privacy Policy.

You may use the Site only for lawful purposes, and if you are at least 18
years old, and in accordance with these Terms. You agree not to use the Site in
any way that violates any applicable federal, state, local, or international
law or regulation, to transmit any advertising or promotional material, to
impersonate the Company, an employee, or another user of the Site, to use the
Site in any way that could disable, overburden, damage or impair the Site or
interfere with any party’s use of the Site, or to introduce any viruses, Trojan
horses, worms, logic bombs or other material which is malicious or
technologically harmful.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE

The content and information provided by this Site is for informational
purposes only, and does not necessarily include complete descriptions of every
product, use, or contraindication for use, nor does it cover all health
issues.  Therefore, never use or rely on
any information on the Site in place of a consultation with your doctor or
other health care provider.

WE MAKE NO MEDICAL CLAIMS AS TO THE BENEFITS OF ANY PRODUCTS, SERVICES,
OR CONTENT PRESENTED, OFFERED OR REPRESENTED IN ANY WAY AND NO CONETN IS
INTENDED TO PRESCRIBE OR BE TAKEN AS MEDICAL ADVICE.

You
expressly agree that the Site does not provide medical advice and that the Site
is not a means for Company to
provide you medical advice.  The content and
information presented to you through the Site has not been evaluated by the
Food and Drug Administration. And is not intended to be and should not be used
in place of (a) the advice of your doctor or other healthcare providers, (b) a
visit, call, or consultation with your doctor of other healthcare providers, or
(c) information contained on or in any product
packaging or label.  If you have any health
related questions or if you have an emergency, please contact your doctor or
other healthcare provider promptly or seek assistance by dialing 911.  You should never disregard medical advice or delay seeking
medical advice because of any content or information presented to you through
the Site, and you should not use the Site for diagnosing of treating a health
problem.  Your use of the Site does not
constitute or create a doctor-patient, therapist-patient, or other healthcare
professional relationship between you and us. 

We do
not recommend self-management of health problems nor do we endorse any
particular type of medical treatment. The information and content provided by
the Site, including any and all content pertaining to general nutrition,
fitness, conditions, and health, is not a substitute for medical advice and
nothing contained on the Site or in a response to your inquiries or
questionnaires is intended to be a medical diagnosis or treatment plan.

ADVANCE
CONSULTATION WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER IS PARTICULARLY
IMPORTANT FOR ANYONE PREGNANT, BREASTFEEDING OR WITH HEALTH PROBLEMS.  NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN
SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, LISTENED TO OR WATCHED ON OR
ACCESSED THROUGH THE SITE.

We
assume no responsibility for any consequence relating directly or indirectly to
any action or inaction you take based on the information, services, or other material on the Site. While we strive to keep
the information on the Site accurate, complete, and up-to-date, we do not give
any assurances, and will not be responsible for any damage or loss related to
the accuracy, completeness or timeliness of the information.

WE ARE
NOT RESPONSIBLE FOR ANY ADVERSE REACTION FROM USING THE PRODUCTS OR TO ANY INGREDIENT CONTAINED IN THE PRODUCTS.  PLEASE CHECK THE LIST OF
INGREDIENTS FOR ANY KNOWN SENSITIVITIES OR ALLERGIES YOU HAVE.  PURCHASERS SHOULD CONTACT SUPPORT BEFORE BUYING IF
PURCHASER HAS ANY QUESTIONS.   IF YOU
HAVE A SENSITIVITY OR ALLERGY TO ANY INGREDIENT(S) IDENTIFIED DO NOT USE THE PRODUCT.  WHEN IN DOUBT PLEASE CONSULT YOUR
PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER.

WE DO
NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES,
MEDICAL OPINIONS, COURSE OF TREATMENT OR THERAPY.  YOU
SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL
PROVIDER CONCERNING YOUR PARTICULAR CIRCUMSTANCES AND NEEDS AND NOT RELY ON THE
SITE OR THE CONTENT.

You may
contact us with general questions regarding our products, but
do not send us any specific medical, therapeutic or treatment questions.

INTELLECTUAL PROPERTY

Material on this Site, including but not limited to the Company name and
logo, the Company’s products’ marks, designs, and slogans, and all related
images and descriptions, is protected under United States and International
copyright, trademark, patent, trade secret and other intellectual property or
proprietary rights laws and is the property of the Company, its licensors or
other providers of such material. All rights in this material
are reserved. These Terms permit you to use the Site for your personal,
non-commercial use only. The information and images presented here may not
under any circumstances be reproduced or used without prior written permission.
Any act to reproduce, republish, upload/download, post, store, transmit,
distribute, modify, create derivative works of, or publicly display/perform
material from this Site without the written permission of the Company will
constitute an act of infringement of one or more intellectual property rights
owned by the Company. Notwithstanding the foregoing, you may print or download
one copy of a reasonable number of pages of the Site for your own personal,
non-commercial use and not for further reproduction, publication or
distribution. However, you may not delete or alter any copyright, trademark or
other proprietary rights notices from copies of materials from this Site. No
right, title or interest in or to the Site or its content is transferred to
you, and all rights not expressly granted are reserved by the Company. Any use
of the Site not expressly permitted by these Terms is a breach of these Terms
and may violate copyright, trademark and other laws.

REPORTING COPYRIGHT AND OTHER
INTELLECTUAL PROPERTY VIOLATIONS

You may
not use the Site for any purpose or in any manner that infringes the rights of
any third party. We encourage you to report any content on the Site that you
believe infringes your rights. If you have a good faith belief that content on
a Site infringes your copyright, trademark, or other intellectual property
rights, please follow the procedures set forth below.

In
accordance with the Digital Millennium Copyright Act of 1998 (the
"DMCA"), We have a designated agent for receiving notices of
copyright infringement and we follow the notice and take down procedures of the
DMCA. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our copyright agent (whose contact
information is set forth below) the following information: (a) a physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed; (b) identification of the
copyright work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a
representative list of such works at that site; (c) identification of the
material that is claimed to be infringing or to be the subject of infringing
activity and a description of where to locate the material; (d) your contact
information; (e) a statement that you have a good-faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and (f) a statement that the information in the
notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.

If you
believe that any content on a Site contains content that violates your rights
other than copyrights, please provide us with the following information: (a) a
physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed; (b) identification of
the material that is claimed to be infringing or to be the subject of
infringing activity and information reasonably sufficient to permit us to
locate the material; (c) an explanation of what rights you own/have and why you
believe the content infringes your rights sufficient for us to evaluate your
complaint; and (d) your contact information.

If you
believe that your content that was removed (or to which access was disabled) is
not infringing, or that you have the authorization from the copyright owner,
the copyright owner's agent, or pursuant to the law, to post and use the
material in your content, you may send a counter-notice containing the
following information to the Copyright Agent:  (a)
Your physical or electronic signature; (b) Identification of the Content that
has been removed or to which access has been disabled and the location at which
the Content appeared before it was removed or disabled; (c) A statement that
you have a good faith belief that the Content was removed or disabled as a
result of mistake or a misidentification of the Content; and (e) Your name,
address, telephone number, and e-mail address, a statement that you consent to
the jurisdiction of the federal court in New York, New York, and a
statement that you will accept service of process from the person who provided
notification of the alleged infringement.

If a
counter-notice is received by the Copyright Agent, we may send a copy of the
counter-notice to the original complaining party informing that person that it
may replace the removed content or cease disabling it in 10 business days.
Unless the copyright owner files an action seeking a court order against the
content provider, member or user, the removed content may be replaced, or
access to it restored, in 10 to 14 business days or more after receipt of the
counter-notice, at our sole discretion.

Please
send your notice of claims of copyright infringement or alleged violation of
rights other than copyrights to our copyright agent, who can be reached as
follows:

Mailing
Address: 500 Mamaroneck
Avenue, Suite 510, Harrison NY 10528

E-mail
Address: legal@bonafidehealth.com

USER CONTRIBUTIONS

The Site contains an interactive feature that allows users to post,
submit, publish, display or transmit to other users or other persons
information, messages, text, files, images, photos, videos or
other content or materials (collectively, “Content”) on or through the
Site (collectively, “Site Content”).  In addition, the Site contains links
to certain of the Company’s social media pages (collectively, “Social Media”),
through which users may post, submit, publish, display or transmit Content
(collectively, “Social Media Content,” and together with the Site Content,
“Submissions”). 

All Submissions must comply with these Terms, and all applicable federal,
state, local and international laws and regulations. All Submissions will be
considered non-confidential and non-proprietary. By making a Submission, you
grant, and you represent and warrant that you have the right to grant the
Company, its affiliates, and each of our respective successors and assigns the
non-exclusive, royalty-free, worldwide, perpetual, transferable, irrevocable,
and fully sublicensable right to use, reproduce, modify, adapt, translate,
publish, perform, display, distribute, transmit and otherwise disclose to third
parties any such Submission in any manner, for any purpose, and in any form of
media, whether now known or hereafter developed.  This means that your
Submission may be used on the Site, on any of the Company’s Social Media,
and/or on other Company marketing materials, without further notice or
compensation to you, subject to our Privacy Policy. 

In addition to, and without limiting the foregoing, by making a
Submission, you also grant, and you represent and warrant that you have the
right to grant the Company, its affiliates and each of our respective
successors and assigns the non-exclusive, royalty-free, worldwide, perpetual,
transferable, irrevocable, and fully sublicenseable right and license to use
your name, social media user name/ handle/ identification, profile picture,
image, likeness, comments, posts, statements and other information related to,
and solely in connection with, your Submission in accordance with the foregoing
paragraph.

Further, you irrevocably waive any “moral rights” or other rights with
respect to attribution of authorship or integrity of materials that you may
have with respect to the Submission under any applicable law or legal
theory.  Subject to the foregoing and the licenses granted in these Terms,
you retain ownership of any copyrights and rights of publicity you may have in
your Submissions.

Submissions may not: 

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

You understand and acknowledge that you are responsible for any
Submissions that you submit or contribute, and you, not the Company, have full
responsibility for such content, including its legality, reliability, accuracy
and appropriateness. You represent and warrant that you own or otherwise
control all rights in and to any Submissions, and that our publication use of
your Submission will not infringe or violate the rights of any third party. We
are not responsible, or liable to any third party, whatsoever, for any
Submission made by you or any other user of the Site or Social Media. 
Accordingly, the Company will not be responsible or liable for any damages
resulting from the use (including without limitation, re-publication) or misuse
of any Submission by any third party, including but not limited to, for any
errors or omissions in any Submission, or for any loss or damage of any kind
incurred as a result of the publication or use of any Submission posted,
emailed, transmitted, or otherwise made available in connection with the Site.

We have the right to (without notice or liability):

• Remove or refuse to post
  any Submissions for any or no reason in our sole discretion.
• Take any action with respect to
  any Submissions that we deem necessary or appropriate in our sole
  discretion, including if we believe that such Submissions violate the
  Terms, infringes any intellectual property right or other right of any
  person or entity, threatens the personal safety of users of the Site or
  the public, could create liability for the Company, or violates
  regulations implemented by the US Food and Drug Administration, the US
  Federal Trade Commission, or any other governmental agency.
• Disclose your identity or other
  information about you to any third party who claims that material posted
  by you violates their rights, including their intellectual property rights
  or their right to privacy.
• Take appropriate legal action,
  including without limitation, referral to law enforcement, for any illegal
  or unauthorized use of the Site.
• Terminate or suspend your access
  to all or part of the Site for any reason, including without limitation
  for violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with
any law enforcement authorities or court order requesting or directing us to
disclose the identity or other information of anyone posting any materials on
or through the site or Social Media. YOU WAIVE AND HOLD HARMLESS THE COMPANY
FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A
RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

The foregoing does not apply to any personal information submitted to us
through the Site, the use of which is governed by the Site’s Privacy Policy.

You are
solely responsible for your interaction with other users of the Site, whether
online or offline. We are not responsible or liable for the conduct of any
user. We reserve the right, but have no obligation, to monitor or become
involved in disputes between you and other users.

CLAIMS

The Company reserves the right to demand changes to third party websites
to the extent statements are made on said websites about the Company’s products
in any manner that violates regulations implemented by the U.S. Food and Drug
Administration, the U.S. Federal Trade Commission, or the regulations
implemented by any other federal or state agency.

REGISTRATION AND PASSWORDS

If you choose, or are provided with, a user name, password or any other
piece of information as part of our security procedures, you must treat such
information as confidential, and you must not disclose it to any other person
or entity. You also acknowledge that your account is personal to you and agree
not to provide any other person with access to this Site or portions of it
using your user name, password or other security information. You also agree to
ensure that you exit from your account at the end of each session. You should
use particular caution when accessing your account from a public or shared
computer so that others are not able to view or record your password or other
personal information. We may disable any account at any time if, in our opinion,
you have violated any provision of these Terms.

Registration
is required to establish an account.  Upon registration you will
be considered a “Registered User”.  By registering you will
be indicating your acceptance of these Terms
as specified by us in order to establish an account.  You must be a resident of the United States and age 18 or
older and over the age of majority in your state in order to establish an
account. 

By
registering, you represent and warrant to us that: (a) all information provided
by you to us during the registration process is truthful, accurate and
complete; (b) you will comply with all terms and conditions of these Terms; and
(c) you will not use the Site, any of the Content or any other content,
materials or information obtained from the Site, for any purpose that is
unlawful or prohibited by these Terms of Use.

As a
Registered User, you agree to maintain and promptly update your registration
data as necessary to keep it true, accurate, current and complete.  We may terminate your access to the Site (or portions
thereof) without prior notice or liability if any of the information provided
is found to be inaccurate, false, out of date or incomplete, or for violating
these Terms or the law.

As part
of the registration process, you are required to select and use a password.  As a Registered User, you acknowledge that you are solely
responsible for all activities that occur under your password or account while
using the Site.  You are responsible for
maintaining the security and confidentiality of your password and monitoring
and controlling access to your account.  You agree to notify us
immediately of any unauthorized use of any account or password, or any other
known or suspected breach of security. You may be held liable for losses
incurred by us or any other user of or visitor to the Site due to someone else
using your password or account as a result of your failing to keep your account
information secure and confidential.

If you
are a Registered User, you may deactivate your account at any time by
contacting us at support@uqora.com.  Even if
a user deactivates his/her account, some information previously posted or
otherwise uploaded may still be accessible by third parties.  We are not responsible for the continued accessibility of
the information posted or uploaded by a Registered User prior to the
deactivation of his/her account.  You may re-activate your
account by contacting us at support@uqora.com.

THIRD-PARTY WEBSITES

This Site may contain links to other Internet websites (“third-party
websites”) that are not maintained by the Company. These links are provided
solely for your convenience. The Company makes no warranties or representations
about the content of any products or services offered by, or the intellectual
property compliance of, such third-party websites. The Company recommends you
take the time to read the privacy policies and user agreements of any
third-party website. If you decide to access any of the third party websites
linked to this Site, you do so entirely at your own risk and subject to the
terms and conditions of use for such websites. You may link to our homepage,
provided you do so in a way that is fair and legal and does not damage our
reputation or take advantage of it, but you must not establish a link in such a
way as to suggest any form of association, approval or endorsement on our part
without our express written consent.

SMS/MMS
MOBILE MESSAGE MARKETING 

The
Site may offer features and services that are available to you via your mobile
phone or other mobile device. These features and services may include, without
limitation, the ability to view Site content, upload content to the Site,
receive SMS or MMS messages from the Site, download applications to your mobile
phone or access other content (collectively, the “Mobile Features”). Standard
messaging, data and other fees may be charged by your carrier. As applicable,
instructions regarding how to opt-out of Mobile Features will be disclosed in
connection with Mobile Features. 

The
Mobile Features for which you are registered may send communications to your
mobile device regarding Company or a Company brand or product for which you
signed up.  

Text
Message Program Terms 

We
offer our customers mobile alerts about orders and shipping updates and other
marketing messages about events, new products or other offers by SMS message,
as well as the opportunity to text questions or other support needs comments to
our Consumer Success team (the "Mobile Services").  By
participating in these Mobile Services, you are agreeing to these Terms,
including these Text Message Program Terms, and to the Privacy Policy.   

We
may modify or cancel any of the Mobile Services or any of their respective
features without notice. To the extent permitted by applicable law, we may also
modify these Text Message Program Terms, at any time and your continued use of
the Mobile Service following the effective date of any such changes shall
constitute your acceptance of such changes. 

By
signing up/opting in to use our Mobile Services, you confirm that you are the
subscriber to the mobile phone number you provided or that you are the
customary user of that number on a family or business plan and that you are
authorized to signup/opt in and agree to receive recurring SMS/text messages
from and on behalf of us through your wireless provider to the mobile number
you provided, even if your mobile number is registered on any state or federal
Do Not Call list. Text messages may be sent using an automatic telephone
dialing system or other technology. Service-related messages may include
updates, alerts, information, back in stock, and abandon cart (e.g., order
updates, account alerts, etc.). Promotional messages may include promotions,
specials, social updates, products, education, and other marketing offers
(e.g., cart reminders). 

Before
any Mobile Service will start, you will need to verify the mobile phone number
you provided by responding to a text message to your mobile phone that affirms
your choice to opt-in to our Mobile Services and your agreement to these
Terms.  By proceeding to opt-in, you agree to receive recurring automated
promotional and personalized marketing text messages from us, including text
messages that may be sent using an automatic telephone dialing system, to the
mobile technology number you provided when signing up or any other number you
designate.

You
understand that you do not have to sign up for any of the Mobile Services in
order to make any purchases, and your consent is not a condition of any
purchase with us.  

Your
participation in this program is completely voluntary. 

We
do not charge you for the Mobile Services, but you are responsible for all
charges and fees associated with text messaging imposed by your wireless
provider. Message frequency varies. Message and data rates may apply. Check
your mobile plan and contact your wireless provider for details. You are solely
responsible for all charges related to SMS/text messages, including charges
from your wireless provider.  We reserve the right to alter the frequency
of messages sent at any time, so as to increase or decrease the total number of
sent messages. 

You
may opt-out of the respective Mobile Services at any time. Text the single
keyword command STOP to the relevant Company telephone number at any time
to cancel. You'll receive a one-time opt-out confirmation text message. No
further messages will be sent to your mobile device from that number, unless
initiated by you. If you have subscribed to other Company mobile message
programs and wish to cancel, except where applicable law requires otherwise,
you will need to opt out separately from those programs by following the
instructions provided in their respective mobile terms. 

For
Service support or assistance, text HELP to 833-254-5070 for Uqora; 844-935-2722
for Equelle; or 415-319-9551 for Bonafide or call 833-266-2343 for Bonafide or
888-313-1372 for Uqora regarding text messages from our Consumer Success team
or email support@uqora.com, hello@equelle.com; support@hellobonafide.com, as
applicable. 

We
may change any short code or telephone number we use to operate the Mobile
Service at any time and will notify you of these changes. You acknowledge that
any messages, including any STOP or HELP requests, you send to a short code or
telephone number we have changed may not be received, and we shall not
be responsible for honoring requests made in such messages. 

Not
all mobile devices or handsets may be supported and our messages may not be
deliverable in all areas.  Neither us nor
the wireless carriers supported by the Mobile Service are liable for delayed or
undelivered messages. You agree to provide us with a valid mobile number. If
you get a new mobile number, you agree to notify us by communicating with our
Contact Center. 

To
the extent permitted by applicable law, you agree that we shall not be liable
for failed, delayed, or misdirected delivery of any information sent through
the Mobile Service, any errors in such information, and/or any action you may
or may not take in reliance on the information or Mobile Service. 

DISCLAIMER OF WARRANTIES

The content and materials on this Site are provided “as is” and without
representations or warranties of any kind, either express or implied. The
Company does not warrant the accuracy, security, reliability, completeness or
usefulness of this information. Any reliance you place on such information is
strictly at your own risk. The Company expressly disclaims all warranties,
express or implied, with respect to this Site including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, and
non-infringement. The Company does not warrant or represent that the functions
or operation of this Site will be uninterrupted or error-free, that defects
will be corrected, or that this Site or its servers are free of viruses or
other harmful components. We will not be liable for any loss or damage caused
by a distributed denial-of-service attack, viruses or other technologically
harmful material that may infect your computer equipment, computer programs,
data or other proprietary material due to your use of the Site or any website
linked to it. You use this Site at your own risk. Because some states do not
allow a disclaimer of warranties, the foregoing disclaimer may not apply to
you.

You
understand that by using the Site you act at your own risk, and you represent
and warrant that your activities are lawful in the jurisdiction(s) where you
access or use the Site and/or services. We neither endorse nor are responsible
for any opinion, advice, information, statement, or user content made or
displayed on the site by third parties (including any user of the Site) and
specifically disclaim any responsibility or liability to any person or entity
for any loss, damage (whether actual, consequential, punitive or otherwise),
injury, claim, liability or other cause of any kind or character based upon or
resulting from such content obtained on or through the Site. Please remember
that it is your responsibility to evaluate the accuracy and reliability of any
opinion, advice, information or statement available on the site and/or
services. A possibility exists that the Site and/or services could include
inaccuracies or errors. Additionally, a possibility exists that unauthorized
alterations could be made to the site by third parties. Although we attempt to
ensure the integrity of the site, we make no guarantees as to the site's
completeness or correctness.

LIMITATION OF LIABILITY

The Company, its affiliates, licensors, service providers, employees,
agents, officers, and directors shall not be liable for any injury, loss,
claim, or damage of any kind, including, without limitation any direct, indirect,
special, incidental, or consequential damages of any kind, whether based in
contract, tort, strict liability or otherwise, which arises out of the use of,
or inability to use, this Site or the content found on this Site, including
user content, any websites linked to it, or any action taken by the Company
related to maintaining, reviewing, or investigating the Site, even if the
Company has been advised of the possibility of such damages. Because some
states do not allow a limitation of liability for certain damages, the
foregoing limitations may not apply to you.

Your
sole remedy for dissatisfaction with any portion of the Site is to stop using
the Site, and our sole and exclusive maximum aggregate liability for all
damages, losses, and causes of action (whether in contract, tort (including
negligence), or otherwise) shall be the greater of ten dollars ($10.00) or the
total amount received by us as a result of your use of the site.

You
agree that in the event you incur any damages, losses or injuries that arise
out of our acts or omissions, the damages, if any, caused to you are not
irreparable or sufficient to entitle you to an injunction preventing any
exploitation of the Site or any property, product, service, or other Site
content owned or controlled by us, and you will have no rights to enjoin or
restrain the development, production, distribution, advertising, exhibition or
exploitation of the site or any property, product, service, or other site
content owned or controlled by us.

INDEMNIFICATION

You
agree to indemnify, defend, and hold us harmless from and against any and all
claims, demands, damages, losses, costs, investigations, liabilities,
judgments, settlements, attorneys' fees, and other expenses that directly or
indirectly arise from or are otherwise directly or indirectly related to: (a)
your breach or anticipatory breach of these Terms; (b) your use of the Site or
activities in connection with the Site; (c) your Submissions; (d) your
violation of any law, rule, regulation, code, statute, ordinance or order of
any governmental and quasi-governmental authorities, including, without
limitation, all regulatory, administrative and legislative authorities; (e)
information or material transmitted through your computer, even if not
submitted by you, that infringes, violates or misappropriates any copyright,
trademark, trade secret, trade dress, patent, publicity, privacy or other right
of any person or defames any person; (f) any misrepresentation made by you; or
(g) our use of your information as permitted under these Terms, the Privacy
Policy, or any other written agreement between you and us. You will cooperate
as fully required by us in the defense of any claim. We reserve the right to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, and you will not in any event settle any claim without
our prior written consent.

PLEASE
READ THE FOLLOWING TWO SECTIONS CAREFULLY. THEY AFFECT YOUR RIGHTS, INCLUDING
YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN
ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED
THAN IN COURT.

Informal DISPUTE RESOLUTION.

In the event of any disputes, actions, or
claims between you and Company (a “Dispute”), you and Company agree to
attempt to avoid the costs of formal dispute resolution by giving each other a
full and fair opportunity to address and resolve the Dispute informally.  As between you and Company, the party
claiming a Dispute (the “Claiming Party”) must send to the other a
notice of dispute (“Notice of Dispute”), which is a written statement
that sets forth the name, physical address, email address, and other contact
information of the Claiming Party giving the notice, detailed factual
information sufficient to evaluate the merits of the Claiming Party’s individualized
claim (including the date of the incident and, if known and relevant to the
claim, your internet protocol address or similar online identifier), and if a
product is involved, the product name, lot number, purchase price and date of
purchase) and the specific relief sought, including whatever amount of money
(if any) is demanded and the means by which the Claiming Party calculated any
amount of money demanded.  If you are the
Claiming Party,  you must send any Notice
of Dispute to Bonafide Health, LLC, 500 Mamaroneck Avenue, Suite 510, Harrison,
New York 10528 Attention: Legal Department, with a copy via email at legal@bonafidehealth.com. We will send any Notice of Dispute to
you at the contact information we have for you.

You and Company shall attempt to resolve
the Dispute through informal communications and/or negotiation within sixty
(60) days beginning from the date the Notice of Dispute is sent (“Informal
Negotiation”). During this Informal Negotiation you and Company agree to
meet in person, telephonically, or via videoconference; that conference shall
address only the Dispute (the “Dispute Resolution Conference”). If you
are represented by counsel, your counsel may participate in the Dispute
Resolution Conference if we are given written notice at least 10 days prior to
any such conference that your counsel will participate in the Dispute
Resolution Conference. Regardless of whether or not your counsel participates,
you must personally participate. Company shall participate in the Dispute
Resolution Conference through one or more representatives, which may include
our counsel. After the end of the sixty (60) day Informal Negotiation period
and not before, and only after the completion of the Dispute Resolution
Conference with respect to a Dispute, you or we may commence a proceeding in
the appropriate forum. For Arbitrable Disputes (defined below), the appropriate
forum is NAM, see NAM’s site at https://www.namadr.com/. For other Disputes,
the appropriate forum is a state or federal court located in New York, New York.
Alternatively, if you are the Claiming Party, you may litigate a Dispute in
small claims court located in New York, New York if the Dispute meets the
requirements to be heard in small claims court and you proceed only on an
individual basis. However, nothing in this paragraph is intended to prohibit
you and Company from engaging in informal communications to resolve the
Claiming Party’s Dispute before, during, or after any Dispute Resolution
Conference or filing in small claims court.

ARBITRATION AND WAIVER
OF CERTAIN RIGHTS

Disputes
that Must Be Arbitrated. Except
as specifically stated herein, any dispute, action, or claim relating to your
interactions and communications with the Site (each, an “Arbitrable Dispute”
and collectively, “Arbitrable Disputes” or “Claims”) not resolved
informally shall be resolved exclusively by final binding arbitration, except
that you may assert your Claim in small claims court in the county of your
residence or in New York, New York, if your Claim qualifies. For avoidance of
doubt, any dispute, action, or claim arising out of (1) your purchase, use, or
enjoyment of a product sold by Company, or (2) the alleged infringement of your
or Company’s intellectual property (such as trademarks, trade dress, copyright
and patents) are not Arbitrable Disputes.

Binding Individual Arbitration. THE ARBITRATION PROCEEDINGS IN THIS
SECTION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances
does Company consent to have any Arbitrable Disputes arbitrated using class
action procedures, even if the arbitration provider has rules permitting class
arbitrations.

If
you, on one hand, and Company, on the other, do not resolve an Arbitrable
Dispute by Informal Negotiation, the Arbitrable Dispute shall be resolved
exclusively by final binding individual arbitration. The arbitration shall be
conducted by NAM, https://www.namadr.com/, according to the U.S. Federal
Arbitration Act (“FAA”) and federal arbitration law and according to
NAM’s Comprehensive Dispute Resolution Rules and Procedures for Consumer
Transactions (the “Rules”), as modified by these Terms. These Terms
affect interstate commerce, and the enforceability of this section shall be
substantively and procedurally governed by the FAA, 9 U.S.C. § 1, et seq., to
the extent permitted by law.

You may initiate arbitration of any
Arbitrable Dispute not resolved by Informal Negotiation by filing a Demand for
Arbitration with NAM in accordance with the Rules. Instructions for filing a
Demand for Arbitration are available at https://www.namadr.com/.
You shall send a copy of any Demand for Arbitration to the following address:
to Bonafide Health, LLC, 500 Mamaroneck Avenue, Suite 510, Harrison, New York
10528, Attention: Legal Department, with a copy via email at legal@bonafidehealth.com. You and Company are each giving up the
right to have Arbitrable Disputes resolved in court before a judge and/or jury
(except as stated otherwise in this Dispute Resolution and Arbitration
section). All issues are for the arbitrator to decide, except
that issues relating to the scope, interpretation, and enforceability of this
Dispute Resolution and Arbitration section, including the arbitration and class
action waiver provisions, are for the court where exclusive jurisdiction lies
pursuant to these Terms to decide. The most current version of this
Arbitration and Waiver of Certain Rights section in effect when any Arbitrable
Dispute arises shall govern resolution of any Arbitrable Dispute. This
Arbitration and Waiver of Certain Rights section shall survive termination of
these Terms. Company shall send any Demand for Arbitration to the contact
information we have for you. The arbitration shall be conducted by a single
arbitrator. The arbitration shall be conducted in English.  The arbitrator shall be bound by these Terms.

Payment of all filing, administration,
and arbitrator fees (“Arbitration Fees”) shall be governed by the Rules.
You may commence arbitration only in your county of residence or in New York
County, New York. The arbitration shall be conducted based on written
submissions unless you request a phone or in-person hearing, or the arbitrator
determines that a phone or in-person hearing is necessary. The arbitrator may
only award those damages and relief as a court could, and must follow the terms
set forth in this Arbitration and Waiver of Certain Rights section. An
arbitration award, and any judgment confirming it, applies only to that
specific arbitration; it cannot be used or offered as precedent in any other
arbitration, litigation or case except to enforce the award itself. Any
decision or award may be enforced as a final judgment by any court of competent
jurisdiction or, if applicable, application may be made to such court for
judicial confirmation of any award and an order of enforcement.

Delegation. Once an Arbitrable Dispute has commenced,
all disputes arising out of or related to the interpretation or application of
this Arbitration and Waiver of Certain Rights section, including the
enforceability, revocability, scope, or validity of these Terms or any portion
of the Arbitration and Waiver of Certain Rights section, shall be decided by
the court.

Notice and Filing. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, YOU OR COMPANY MUST START ARBITRATION OF AN ARBITRABLE DISPUTE
WITHIN ONE (1) YEAR FROM WHEN THE ARBITRABLE DISPUTE FIRST AROSE, AND NOT WHEN
IT WAS DISCOVERED. IF APPLICABLE LAW REQUIRES YOU OR COMPANY TO BRING A CLAIM
FOR AN ARBITRABLE DISPUTE SOONER THAN ONE (1) YEAR AFTER THE DISPUTE FIRST
AROSE, THAT SHORTER DEADLINE APPLIES INSTEAD. THE FAILURE TO BEGIN ARBITRATION
REGARDING AN ARBITRABLE DISPUTE WITHIN THE TIME FRAMES DESCRIBED ABOVE IN THIS
SECTION SHALL BAR THE ARBITRABLE DISPUTE, WHICH MEANS THAT TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COMPANY SHALL NOT HAVE THE RIGHT TO
ASSERT THE ARBITRABLE DISPUTE IN ANY FORUM.

Coordinated Filings. If 25 or more Arbitrable Disputes are
initiated with the arbitrator that raise similar Claims, and counsel for those
asserting the Claims (“Claimants’ Counsel”) are the same or coordinated,
these shall be considered collectively “Coordinated Cases,” and
individually, a “Coordinated Case.” For Claims within Coordinated Cases,
Company shall pay only its share of arbitration fees for Coordinated Cases;
those asserting the Claims shall be responsible for their share of those fees
as set by the Rules and NAM’s fee schedule for mass arbitrations. Applicable
statutes of limitations shall be tolled for those asserting Claims who have
provided compliant Notices of Dispute to Company.  Demands for arbitration in Coordinated Cases
shall only be filed with the arbitration provider as permitted by the
bellwether process set forth below, and Company shall not be required to pay
any fees associated with cases or Claims that these Terms do not allow to be
filed.

Once all Notices of Dispute have been
provided to Company for Coordinated Cases, Claimants’ Counsel  and Company’s counsel shall confer in good
faith regarding the number of cases that should proceed as bellwethers, to
allow each side to test the merits of its arguments, before the remainder of
Coordinated Cases may be filed with the arbitration provider. Any number chosen
must be an even number so as to allow each side to designate half of the cases
selected for bellwether arbitrations. If Claimants’ Counsel and Company’s
counsel do not agree on the number of bellwether cases, the number shall be
chosen by the arbitration provider. Once the number of bellwether cases is
fixed, Claimants’ Counsel and counsel for Company shall each select half that
number from among those asserting the Claim who have provided compliant Notices
of Dispute, and only those chosen Coordinated Cases may be filed with the
arbitration provider. If your Claim is among Coordinated Cases, resolution of
your Claim might be delayed by this bellwether process. Nothing in this
paragraph shall be construed to delay the resolution of uncoordinated
Arbitrable Disputes based on Claims similar to those in Coordinated Cases. A
single arbitrator shall preside over each Coordinated Case chosen for a
bellwether proceeding, and only one Coordinated Case may be assigned to each
arbitrator as part of a bellwether process unless Claimants’ Counsel and Company’s
counsel agree otherwise.

Once all bellwether arbitrations have
concluded (or sooner if Claimants’ Counsel and Company’s counsel agree), Company
and Claimant’s Counsel for all remaining Coordinated Cases that were not chosen
for a bellwether proceeding must make a good-faith effort to resolve all such
remaining Coordinated Cases.  This good
faith effort at resolution shall be via a single mediation of all remaining
Coordinated Cases. The Coordinated Cases in the mediation shall pay half of the
applicable mediation fee, and Company shall pay the other half. Claimants’
Counsel and Company’s counsel must agree on a mediator within thirty (30) days
after the conclusion of the last bellwether arbitration. If Claimants’ Counsel
and Company’s counsel cannot agree on a mediator within thirty (30) days, the
arbitration provider shall appoint a mediator as an administrative matter.

If the mediation does not yield a global
resolution of the Coordinated Cases, those asserting Claims in Coordinated
Cases who provided compliant Notices of Dispute but whose Claims were not
resolved in bellwether arbitrations or mediation shall no longer have the right
to arbitrate their Arbitrable Dispute. Instead, exclusive jurisdiction over
unresolved Claims by such claimants shall be in Supreme Court in New York
County, New York or if federal jurisdiction exists, in the United States
District Court for the Southern District of New York.  Nothing in this paragraph shall be construed
as prohibiting either you or Company from removing a Claim filed in Supreme
Court for New York County, New York to federal court for the United States
District Court for the Southern District of New York if removal is allowed
under applicable law. To the extent you are asserting the same or similar
Claims as other persons and are represented by common or coordinated counsel,
any objection by you that the joinder of all such persons is impracticable is
waived by you. If a formerly Arbitrable Dispute is brought in court, it must be
brought in a court where exclusive jurisdiction lies pursuant to these Terms,
and subject to the provisions and limitations of the Class Action Waiver
section, claimants may seek class treatment, but to the fullest extent allowed
by applicable law, the classes sought may comprise only the claimants in the
Coordinated Cases who provided compliant Notices of Dispute, and Company shall
have the right to oppose class certification at any time on any available
basis. The court where exclusive jurisdiction lies pursuant to these Terms
shall have authority to enforce this bellwether process and may enjoin the
filing of lawsuits or arbitration demands not made in compliance with it.

Continuation in Effect; Future Terms
Changes; Injunctive Relief. The
dispute resolution process set forth in this Arbitration and Waiver of Certain
Rights section survives the termination of any other agreement between you and Company.
Although Company may revise the Arbitration and Waiver of Certain Rights
section in its discretion, Company does not have the right to alter this
section, or the arbitration rules specified herein, with respect to any
Arbitrable Dispute once that Notice of an Arbitrable Dispute has been delivered
if such change would make arbitration procedures materially less favorable to
the Claimant. The question of whether a change is materially less favorable to
the Claimant shall be decided by the arbitration provider as a process matter.

The foregoing provisions of this
Arbitration and Waiver of Certain Rights section do not apply to any legal
action taken by Company to seek an injunction or other equitable relief in
emergent circumstances in connection with, any loss, cost, or damage (or any
potential loss, cost, or damage) relating to the Services and/or Company’s
intellectual property rights, operations, and/or products or services.

Class Action Waiver. To the maximum extent permitted by
applicable law, any dispute, action or claim not subject to the requirement to
arbitrate (including, but not limited to, claims filed in small claims court
and claims that are deemed not subject to the requirement to arbitrate) may not
be aggregated together in a class action, except that (as set forth in the
“Coordinated Filings” section  above) if
a formerly Arbitrable Dispute is brought in a court with jurisdiction as
provided herein, a Claimant may seek class treatment, but to the fullest extent
allowed by applicable law, the classes sought may comprise only the claimants
in the Coordinated Cases who provided compliant Notices of Dispute, and Company
has the right to contest class certification at any stage of the litigation and
on any available basis. Accordingly, except as provided in the prior sentence
to the maximum extent permitted by applicable law, you and Company shall only
bring disputes, actions or claims between you and Company in an individual
capacity only and shall not:

• seek to bring, join, or participate
  in any class or representative action, collective or class-wide
  arbitration, or any other action where another individual or entity acts
  in a representative capacity (like private attorney general actions); or
• consolidate or combine individual
  proceedings or permit another to do so without the express consent from
  you and Company. 

MISCELLANEOUS

Use of this Site is governed by and construed in accordance with the laws
of the State of New York, and applicable federal law, without giving effect to
any principles of conflicts of laws. Any failure or delay by the Company in
enforcing any provision of the Terms will not be considered a waiver of such
provision and will not prevent the Company from enforcing the provision at a
later date. Should any provision of these Terms be held invalid, unlawful, or
unenforceable, then the invalid, unlawful, or unenforceable provision will be
deemed severed from the remaining provisions, and such invalid, unlawful, or
unenforceable provision will not affect the validity or enforceability of the
remaining provisions.

CONTACT
INFORMATION

If you
have any questions relating to the Site or these Terms, or if you would like to
receive a copy of these Terms in an alternative format, please contact us by
utilizing the information found under Contact within this Site’s footer or
using other contact information found on the Site.