Rex MD Men's Health, Prescription Hair Loss Treatments & Regrowth Solutions

INDICATIONS AND USAGE Finasteride is indicated for the treatment of male pattern hair loss (androgenetic alopecia) in MEN ONLY. Efficacy in bitemporal recession has not been established. Finasteride is not indicated for use in women.

DOSAGE AND ADMINISTRATION Finasteride may be administered with or without meals. The recommended dose of Finasteride is one tablet (1 mg) taken once daily. In general, daily use for three months or more is necessary before benefit is observed. Continued use is recommended to sustain benefit, which should be re-evaluated periodically. Withdrawal of treatment leads to reversal of effect within 12 months.

DOSAGE FORMS AND STRENGTHS Finasteride tablets (1 mg) are tan, octagonal, film-coated convex tablets with “stylized P” logo on one side and Finasteride on the other.

CONTRAINDICATIONS Finasteride is contraindicated in the following:

Pregnancy Finasteride use is contraindicated in women when they are or may potentially be pregnant. Because of the ability of Type II 5α-reductase inhibitors to inhibit the conversion of testosterone to 5α-dihydrotestosterone (DHT), finasteride may cause abnormalities of the external genitalia of a male fetus of a pregnant woman who receives finasteride. If this drug is used during pregnancy, or if pregnancy occurs while taking this drug, the pregnant woman should be apprised of the potential hazard to the male fetus. In female rats, low doses of finasteride administered during pregnancy have produced abnormalities of the external genitalia in male offspring. Hypersensitivity to any component of this medication.

WARNINGS AND PRECAUTIONS Side effects may include decreased interest in sex and/or trouble having an orgasm. Talk to your doctor if you have concerns about these side effects. Exposure of Women — Risk to Male Fetus Finasteride is not indicated for use in women. Women should not handle crushed or broken Finasteride tablets when they are pregnant or may potentially be pregnant because of the possibility of absorption of finasteride and the subsequent potential risk to a male fetus. Finasteride tablets are coated and will prevent contact with the active ingredient during normal handling, provided that the tablets have not been broken or crushed.

Effects on Prostate Specific Antigen (PSA) In clinical studies with finasteride 1mg in men 18-41 years of age, the mean value of serum prostate specific antigen (PSA) decreased from 0.7 ng/mL at baseline to 0.5 ng/mL at Month 12. Further, in clinical studies with Finasteride 5 mg when used in older men who have benign prostatic hyperplasia (BPH), PSA levels are decreased by approximately 50%. Other studies with Finasteride 5 mg showed it may also cause decreases in serum PSA in the presence of prostate cancer. These findings should be taken into account for proper interpretation of serum PSA when evaluating men treated with finasteride. Any confirmed increase from the lowest PSA value while on Finasteride may signal the presence of prostate cancer and should be evaluated, even if PSA levels are still within the normal range for men not taking

Increased Risk of High-Grade Prostate Cancer with 5α-Reductase Inhibitors Men aged 55 and over with a normal digital rectal examination and PSA ≤3.0ng/mL at baseline taking finasteride 5 mg/day (5 times the dose of Finasteride) in the 7-year Prostate Cancer Prevention Trial (PCPT) had an increased risk of Gleason score 8-10 prostate cancer (finasteride 1.8% vs placebo 1.1%).

Similar results were observed in a 4-year placebo-controlled clinical trial with another 5α-reductase inhibitor (dutasteride, AVODART) (1% dutasteride vs 0.5% placebo). 5αreductase inhibitors may increase the risk of development of high-grade prostate cancer. Whether the effect of 5α-reductase inhibitors to reduce prostate volume, or study-related factors, impacted the results of these studies has not been established.

Pediatric Patients Finasteride is not indicated for use in pediatric patients.

Thank you for visiting the REX MD™ website located at rexmd.com (the “Site”). The Site is an Internet property of LifeMD, Inc. (collectively, “REX MD™,” “we,” “our” or “us”). The following REX MD™ Terms and Conditions (“Terms and Conditions”) are inclusive of the REX MD™ Privacy Policy (“Privacy Policy”), the Consent to Telehealth, the Frequently Asked Questions (“FAQ”) and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).

Each end-user visitor to the Site (“user,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or downloads any of the: (i) blog posts, text, audio, video, photographs, graphics, artwork, testimonials and/or other content featured on the Site, including erectile dysfunction (“ED”) related content (collectively, “Informational Content”); and/or (ii) links to third party websites, products and/or services (“Third-Party Links,” and together with the Informational Content, the “Content”); (c) accesses links to REX MD’s™ social media pages/accounts (collectively, “Social Media Pages”) on third-party social media websites, such as Facebook®, Instagram®, Twitter® and YouTube® (“Social Media Websites”); (d) accesses certain product review sections, message boards, comments sections, customer ratings and other interactive features of the Site (collectively, “Interactive Services”); (e) registers to receive the REX MD™ e-mail newsletter (“Newsletter”); (f) purchases any of the non-prescription items made available by and through the Site (collectively, the “REX MD™ Nonprescription Products”) as provided by REX MD™; (g) purchases prescription medicines via the Site (“Prescription Medications,” and together with the REX MD™ Nonprescription Products, the “Products”), as same are prescribed by certain third-party licensed medical doctors (“Healthcare Providers”) that provide telemedicine-related services in connection with the Site (“Telemedicine Services”); and/or (h) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, REX MD™ (collectively, the “Contact Services,” and together with the Site, Content, Social Media Pages, REX MD™ Nonprescription Products, Newsletter, Prescription Medications and Telemedicine Services, the “Site Offerings”).

PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.

THE AGREEMENT CONTAINS DISCLOSURES OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST REX MD™, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, HEALTHCARE PROVIDERS, THIRD-PARTY SERVICE PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).

Instagram® and Facebook® are registered trademarks of Facebook, Inc. (“Facebook”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). YouTube® is a registered trademark of Google, Inc. (“Google”). Please be advised that REX MD™ is not in any way affiliated with Facebook, Google or Twitter, nor are the Site Offerings endorsed, administered or sponsored by any of the aforementioned entities.

DISCLOSURES
You acknowledge and understand that the Content and REX MD™ Nonprescription Products have not been evaluated by the US Food & Drug Administration (“FDA”). The Content, REX MD™ Nonprescription Products and other material made available by and through the Site Offerings: (a) are not intended to diagnose, treat, cure or prevent any medical condition or disease; (b) are not in any way intended as medical advice or as a substitute for medical advice and/or medical treatment. You further understand that the REX MD™ Nonprescription Products and Prescription Medications are not intended for use by persons under eighteen (18) years of age. You understand and agree that some of the Content associated with the REX MD™ Nonprescription Products and/or the efficacy of the REX MD™ Nonprescription Products, is obtained from independent third party sources, such as news agencies, scientific reports and/or scientific/research entities (collectively, “Third-Party Sources”). REX MD™ does not warrant or represent that such Content is error-free, and REX MD™ does not represent or endorse any Third-Party Sources or the methods that they use to arrive at their conclusions. All REX MD™ Nonprescription Product specifications, performance data and other related information made available via the Site Offerings is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the REX MD™ Nonprescription Products will conform to such specifications or performance data. REX MD™ does not warrant or represent that the REX MD™ Nonprescription Products will provide you with any particular benefits, or that your results will match those of others who have used the REX MD™ Nonprescription Products. Individual results will vary from person to person, and are dependent on factors including pre-existing medical conditions, age, weight, body chemistry, diet and exercise regimen.

You should always consult with your physician or other healthcare professional before utilizing any REX MD™ Nonprescription Products, Prescription Medications and/or adopting any treatment for a health problem, whether featured by and through the Site Offerings or otherwise, especially if you suffer from any medical condition including, but not limited to, skin diseases or ailments, strokes, high blood pressure, heart, liver, kidney or thyroid disease, diabetes, anemia, depression, anxiety, other psychiatric conditions, have a family history of these or other medical conditions. Your physician should allow for proper follow-up visits and individualize your treatment plan as appropriate. If you have or suspect that you have a medical problem as a result of using any REX MD™ Nonprescription Products, Prescription Medications and/or treatment for a health problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site or in connection with any other Site Offerings.

Without limiting the foregoing, those who are taking medication or are under treatment for any disease, or are pregnant or lactating, please consult with your health care professional before utilizing any REX MD™ Nonprescription Products, Prescription Medications and/or adopting any treatment for a health-related problem. The REX MD™ Nonprescription Products may include ingredients that you may be allergic to. You should always check the ingredients in any REX MD™ Nonprescription Products and Prescription Medications to avoid potential allergic reactions. If you have, or suspect that you are experiencing, an allergic reaction or other adverse health event, promptly contact your health care provider.

1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between users and REX MD™ with respect to users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site Offerings. By your continued use of the Site Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).

2. Requirements; Termination of Access to the Site Offerings; Necessary Equipment. The Site Offerings are available only to individuals who: (a) are over eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residence); and (b) can enter into legally binding contracts under applicable law (collectively, “Usage Requirements”). The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residence) and/or individuals who cannot enter into legally binding contracts under applicable law. If a user does not satisfy the Usage Requirements in their entirety, that user does not have permission to access or use the Site Offerings.

To the extent permitted by applicable law, REX MD™ may terminate your right to access the Site Offerings at any time where you: (i) are in any way in breach of the Agreement; (ii) are engaged in any improper conduct in connection with the Site Offerings; and/or (iii) are, at any time, conducting any unauthorized commercial activity by or through your use of the Site Offerings.

You are responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. REX MD™ does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. REX MD™ does not guarantee that the Site Offerings can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges and REX MD™ has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

3. Registration Forms. In order to purchase Products and/or utilize certain Site Offerings, including the Contact Services, you may be required to submit one or more registration forms (each, a “Form”). The information that you must supply on a Form may include, without limitation: (a) your full name; (b) your mailing/billing address; (c) your e-mail address; (d) your telephone number; (e) your gender; (f) your credit card information (where purchasing Products); (g) answers to questions regarding your health and well-being, as asked via the medical intake form; and/or (h) any other information requested by us on the applicable registration Form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion.

REX MD’s™ use of Registration Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here.

4. Purchasing Products. You can purchase, by and through the Site: (a) REX MD™ Nonprescription Products by completing the applicable Form and providing the requisite Registration Data; and (b) Prescription Medication by completing the applicable Form, providing the requisite Registration Data, completing the Telemedicine Services process and receiving approval from a Healthcare Provider.

One-Time Purchase: Where you purchase Products in a one-time transaction, the credit card or debit card account (collectively, “Payment Method”) that you provide on the Form (or update at a later date) will be charged the amount listed on the Site for the subject Product(s), plus shipping and handling and any applicable sales tax.

Automatic Renewal Program: Where you purchase Products in connection with an automatically renewing subscription model (“Automatic Renewal Program”), your Payment Method will be charged the applicable amount for the subject Products on a recurring basis for as long as that Automatic Renewal Program subscription remains active (the “Recurring Fees”). Such Recurring Fees will be charged in advance and you acknowledge and agree that REX MD™ will not obtain any additional authorization from you for the applicable Automatic Renewal Program’s Recurring Fees. Every time that you accept delivery of the subject Products, you re-affirm that REX MD™ is authorized to charge your Payment Method and to have the Recurring Fees applied to same. If you wish to cancel an Automatic Renewal Program, you may do so at any time by calling us at: (866) 294-3772. For all California customers, all New York customers, and select Vermont customers having an initial subscription of one year or longer, you may also cancel an Automatic Renewal Program by: (i) signing in to your member portal here; or (ii) e-mailing us at: [email protected]. Please be advised, all automatic renewal program subscription orders must be cancelled within (12) hours of the renewal subscription date to avoid the order being shipped and you incurring charges for same.

General Billing Terms: You must promptly notify us if your Payment Method is cancelled or is no longer valid (e.g., due to loss or theft) or your Product shipment may be delayed or cancelled. Changes to such information can be made by contacting a customer care professional at: (866) 294-3772 or [email protected]. If you participate in an automatic shipment Recurring Fee program using a credit card and your credit card fails to process for a subsequent shipment, you agree that REX MD™ may contact you on any phone number (including a cell phone number) or e-mail address provided by you for alternate payment information. If you fail to pay for any product or service received, your account may be sent to collection. UNLESS OTHERWISE INDICATED, ALL SALES ARE FINAL AND NON-REFUNDABLE. The fees associated with your purchases will appear on your Payment Method statement through the identifiers “REX MD 866-294-3772” or “REX Wellness.” All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use the Products does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of REX MD™ in effect at any given time. Upon reasonable prior notice to you (with Site-updates and/or e-mail sufficing), REX MD™ reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Products after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.

Bundled Products & Cross-Sales That Include Provision Of Medical Services: All payments for bundled products and/or cross-sales that include provision of medical services are initially collected by REX MD™. However, any portion of these funds attributable to the provision of medical services is subsequently transferred to LifeMD’s affiliated medical group through its lead medical professional corporation, LifeMD Southern Patient Medical Care, P.C. It may then be redistributed to another medical professional corporation or medical professional association within that affiliated medical group, in order to properly account for the geographic area of the customer receiving such medical services.

Electronic Signatures: REX MD’s™ authorization to provide and bill for the Products is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. REX MD’s™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively (collectively, the “E-Sign Act”). Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the E-Sign Act and other similar state and federal statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OFFERINGS. Further, you hereby waive any rights and/or requirements under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. You acknowledge and agree that you have the ability to print information delivered to you electronically, or otherwise know how to store that information in a way that ensures that it remains accessible to you in unchanged form.

Restrictions: You agree that any Products you purchase from REX MD™ will be used for your personal, non-commercial use. You agree that you will not re-sell, re-distribute, or export any Product that you order from REX MD™. REX MD™ does not accept orders from dealers, wholesalers, or customers who are resellers or who intend to resell Products offered on the Site. If REX MD™ discovers that you are placing orders with the intent to resell Products offered on the Site, we will immediately cancel your order, suspend or terminate your account and, at our option, pursue any and all available legal remedies under applicable law. To the extent that your conduct may be fraudulent, such as attempting to purchase or purchasing Products through the use of fake or stolen cards, REX MD™ will report you to federal, state and/or local enforcement authorities and take any additional legal action deemed appropriate by REX MD™.

5. Products. The Products remain, at all times, subject to the DISCLOSURES contained herein and on the Site. In the event that Products are listed at incorrect price points due to a typographical error or an error in pricing information received from our suppliers, REX MD™ shall have the right to refuse or cancel any orders placed for the Products so listed at the incorrect prices. REX MD™ shall have the right to refuse or cancel any order whether or not the order has been confirmed and whether or not the applicable customer paid for the subject Products. If a customer has already paid for Products and that order is cancelled, REX MD™ shall immediately issue a credit to that customer’s Payment Method in the amount of the subject charge. The Site contains Product inventory information. This information can be used to estimate the likelihood that the applicable Products will be shipped immediately after you place your order. Unfortunately, we cannot guarantee that Products listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day, and hour-to-hour. In rare cases, Products may be in stock when you place your order and sold out by the time that your order is processed. Should this happen, we will notify you via email. If for any reason we determine that backordered Products are no longer available, we will cancel your order, notify you immediately via email and provide you with a refund.

6. Return Policy. If you wish to return REX MD™ Nonprescription Products, you may contact a customer care professional at: (866) 294-3772. Please be advised that Prescription Medications are not eligible for return or refund.

7. Telemedicine Services. Where you request Prescription Medication, your must complete the medical intake Form. Upon completion of same, REX MD™ will submit same to a participating Healthcare Provider. Where the applicable Healthcare Provider determines, after performing the requisite Telemedicine Services, that Prescription Medication is suitable for you, your Prescription Medication order will be processed.

You should always consult with your physician or other healthcare professional before utilizing any Prescription Medications and/or adopting any treatment for a health problem recommended by and through the Telemedicine Services. Your physician should allow for proper follow-up visits and individualize your treatment plan as appropriate. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site or in connection with any Telemedicine Services.

Please be advised that REX MD™ does not itself offer the Telemedicine Services made available via the Site Offerings, nor can REX MD™ issue a prescription for the Prescription Medication. The ultimate terms and conditions of any such prescription made available via the Telemedicine Services will be determined by the applicable Healthcare Provider(s). You understand and agree that REX MD™ shall not be liable to you or any third party for any medical services and/or medications offered by any Healthcare Provider(s) by and/or through the Telemedicine Services.

8. Content. The Site contains Content which includes, but is not limited to, product reviews, text, audio, video, photographs, graphics, artwork, testimonials and other information about REX MD™ and/or the REX MD™ Nonprescription Products. The Content is compiled, distributed and displayed by REX MD™, as well as third-party content providers, such as Third-Party Sources and other Site users (collectively, “Third-Party Providers”). REX MD™ does not control the Content provided by Third-Party Providers that is made available by and through the Site Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Reliance on any Content or other information made available to you by and through the Site Offerings is solely at your own risk. REX MD™ does not represent or warrant that the Content and other information posted by and through the Site Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that REX MD™ will not be responsible for, and REX MD™ undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that REX MD™ shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. The Content is offered for informational purposes only and is at all times subject to the DISCLOSURES contained herein and on the Site.

9. Interactive Services.

(a) User Content. In connection with the Interactive Services, users may be able to upload and/or post certain product reviews, ratings, comments, content, material, communications, feedback and/or other information (collectively, the “User Content”). By making the User Content available by and through the Interactive Services or otherwise through the Site Offerings, each user provides to REX MD™ a perpetual, irrevocable, worldwide license to make same available by and through the Site Offerings. Without limiting the foregoing, user acknowledges and agrees that REX MD™ shall be free to utilize certain features and aspects of the User Content in connection with marketing and promoting the Site Offerings to third parties. Each user represents and warrants that she/he owns and/or has any and all rights to publish, display, perform and permit the use of, and grant the license associated with, the User Content as contemplated by the Agreement. Without limiting the foregoing, REX MD™ may reject and/or remove any User Content at any time and for any reason, in REX MD’s™ sole discretion. Notwithstanding the foregoing, REX MD™ undertakes no responsibility to monitor or otherwise police the User Content made available by and through the Site Offerings. Each user and third-party agrees that REX MD™ shall: (i) have no obligations and incur no liabilities to such party in connection with any such User Content; and (ii) not be liable to any party for any claim in connection with the User Content.

(b) User Content Restrictions. In connection with the User Content, each user agrees not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third-party; (ii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in the applicable user’s community, as defined under applicable law; (iii) impersonate any person or entity; (iv) “stalk” or otherwise harass any person; (v) engage in advertising to, or commercial solicitation of, end-users or other third parties; (vi) transmit any chain letters, spam or junk e-mail to any end-users or other third parties; (vii) express or imply that any statements she/he makes are endorsed by REX MD™; (viii) harvest or collect personal information of end-users or other third parties whether or not for commercial purposes, without their express consent; (ix) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site Offerings or related content; (x) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xi) remove any copyright, trademark or other proprietary rights notices contained within the Site Offerings; (xii) interfere with or disrupt any of the Site Offerings and/or the servers or networks connected to same; (xiii) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third-party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xv) “frame” or “mirror” any part of the Site; (xvi) use metatags or code or other devices containing any reference to the Site Offerings in order to direct any person to any other website for any purpose; and/or (xvii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of such user’s account and/or access to some or all of the Site Offerings without notice, in the sole discretion of REX MD™. REX MD™ reserves the right to pursue any and all legal remedies against users that engage in the aforementioned prohibited conduct.

10. Social Media Pages. The Site contains links to the various REX MD™ Social Media Pages. The Social Media Pages are hosted and made available on third-party Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that REX MD™ shall not be liable to you, any other user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.

11. Representations and Warranties. Each user hereby represents and warrants to REX MD™ as follows: (a) where user purchases or attempts to purchase Products, that user is doing so for her/his own personal use, and with no intent to resell such Products; (b) the Agreement constitutes the legal, valid and binding obligation of user, which is fully enforceable against such user in accordance with its terms; (c) user understands and agrees that user has independently evaluated the desirability of utilizing the Site Offerings and that user has not relied on any representation and/or warranty other than those set forth in the Agreement; and (d) the execution, delivery and performance of the Agreement by user will not conflict with or violate: (i) any applicable law; (ii) any order, judgment or decree applicable to user; and/or (iii) any agreement or other instrument applicable to user.

12. Indemnification. Each user agrees to indemnify, defend and hold REX MD™, its officers, directors, employees, agents and attorneys, as well as the Covered Parties, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that user and any Healthcare Provider(s) and/or other third party(ies); (b) that user’s breach of the Agreement and/or any representation or warranty contained herein; and/or (c) that user’s unauthorized and/or improper use of the Site Offerings. The provisions of this Section 12 are for the benefit of REX MD™, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against users on its own behalf.

13. License Grant. Each user is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. REX MD™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by REX MD™, users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No user or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by REX MD™. No user or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No user or other third party may create any “derivative works” by altering any aspect of the Site Offerings. No user or other third party may use the Site Offerings in conjunction with any other third-party content. No user or other third party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by REX MD™. Each user further agrees to indemnify and hold REX MD™ harmless for that user’s failure to comply with this Section 13. REX MD™ reserves any rights not explicitly granted in the Agreement.

14. Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any user or other third party of any part of the Site Offerings is strictly prohibited. No user or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. The “REX MD” name and logo, and all associated graphics, icons and service names, are registered trademarks of LifeMD, Inc. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.

15. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and REX MD™ will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.

16. DISCLOSURE of Warranties. THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLOSURE OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, REX MD™ MAKES NO WARRANTY THAT THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME: (A) WILL, AS APPLICABLE, MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC MEDICAL BENEFIT OR OTHER HEALTH-RELATED OUTCOME; OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. REX MD™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM REX MD™ OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

17. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT REX MD™ SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REX MD™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND THE OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY REGISTRATION DATA; (E) THE FAILURE TO REALIZE ANY SPECIFIC MEDICAL BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND/OR (F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES REX MD™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF REX MD™ TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY ANY USER OR REX MD™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND REX MD™. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF REX MD™ SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18. Third Party Websites. The Site Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites and/or Third-Party Links. REX MD™ does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by REX MD™ of the applicable website or any association with the website’s operators. Because REX MD™ has no control over such websites and/or resources, each user agrees that REX MD™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any user’s data privacy by third parties. Each user further agrees that REX MD™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.

19. Copyright Policy/DMCA Compliance. REX MD™ reserves the right to terminate the account of any user who infringes upon third-party copyrights. If any user or other third-party believes that a copyrighted work has been copied and/or posted via the Site Offerings in a way that constitutes copyright infringement, that party should provide REX MD™ with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for REX MD’s™ Copyright Agent for notice of claims of copyright infringement is as follows:

Klein Moynihan Turco LLP
Attn: Copyright Attorney
450 Seventh Avenue, 40th Floor
New York, NY 10123
[email protected]
Fax: (212) 216-9559

20. Editing, Deleting and Modification. REX MD™ reserves the right, in its sole discretion, to edit and/or delete any documents, information or Content appearing on the Site.

21. Use of Registration Data. All material submitted by users through or in association with the Site Offerings including, without limitation, the Registration Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.

22. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between the parties (including the Covered Parties) including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Covered Parties and/or their respective employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

23. California User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to [email protected].

24. California Proposition 65 Warnings. Proposition 65, officially the Safe Drinking Water and Toxic Enforcement Act of 1986, is a law that requires warnings be provided to California consumers when they might be exposed to chemicals identified by California lawmakers as causing cancer or reproductive toxicity. The warnings are intended to help California State consumers make informed decisions about their exposures to these chemicals from the products they use. The California Office of Environmental Health Hazard Assessment (“OEHHA”) administers the Proposition 65 program and publishes the listed chemicals, which includes more than 850 chemicals. In August 2016, OEHHA adopted new regulations, effective on August 30, 2018, which change the information required in Proposition 65 warnings. We are providing the following warning for products linked to this page:

WARNING:

Bisphenol A (BPA): Product containers may have linings containing bisphenol A (BPA), a chemical known to the State of California to cause harm to the female reproductive system. Jar lids and bottle caps may also contain BPA. You can be exposed to BPA when you ingest Products packaged in these containers. For more information go to: www.P65Warnings.ca.gov/BPA.

Additional Information about Proposition 65

For background on the new Proposition 65 warnings, see https://www.p65warnings.ca.gov/new-proposition-65-warnings. Proposition 65 and its regulations are posted at https://oehha.ca.gov/proposition-65/law/proposition-65-law-and-regulations.

25. Miscellaneous. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. REX MD’s™ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. REX MD™ may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

26. Contact Us. If you have any questions about the Agreement, Site Offerings or the practices of REX MD™, you may utilize the contact method applicable to the subject matter of your inquiry, as set forth on the “Contact Us” page of the Site, or you can e-mail us at: [email protected]; call us at: (866) 294-3772; or send us U.S. mail to: LifeMD, Inc. (d/b/a REX MD), 800 Third Avenue, Suite 2800, New York, NY 10022.

Thank you for visiting the REX MD™ website located at rexmd.com (the “Site”). The Site is an Internet property of LifeMD, Inc. (collectively, “REX MD™” “we,” “our” or “us”). This REX MD™ Privacy Policy (“Privacy Policy”) covers our treatment of personal information and other information that we collect when end-users (“user,” “you” or “your”): (a) access or use the Site; (b) access and/or download any of the: (i) blog posts, text, audio, video, photographs, graphics, artwork, testimonials and/or other content featured on the Site, including erectile dysfunction (“ED”) related content (collectively, “Informational Content”); and/or (ii) links to third party websites, products and/or services (“Third-Party Links,” and together with the Informational Content, the “Content”); (c) access links to REX MD’s™ social media pages/accounts (collectively, “Social Media Pages”) on third-party social media websites, such as Facebook®, Instagram®, Twitter® and YouTube® (“Social Media Websites”); (d) access certain product review sections, message boards, comments sections, customer ratings and other interactive features of the Site (collectively, “Interactive Services”); (e) register to receive the REX MD™ e-mail newsletter (“Newsletter”); (f) purchase any of the non-prescription ED-related items made available by and through the Site (collectively, the “REX MD™ Nonprescription Products”) as provided by REX MD™; (g) purchase prescription medications via the Site (“Prescription Medications,” and together with the REX MD™ Nonprescription Products, the “Products”), as same are prescribed by certain third-party licensed medical doctors (“Healthcare Providers”) that provide telemedicine-related services in connection with the Site (“Telemedicine Services”); and/or (h) utilize the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, REX MD™ (collectively, the “Contact Services,” and together with the Site, Content, Social Media Pages, REX MD™ Nonprescription Products, Newsletter, Prescription Medications and Telemedicine Services, the “Site Offerings”). Please note, if you are a resident of a European Union Member State, you are not permitted to use the Site and/or Site Offerings.

Users with disabilities who wish to access this Privacy Policy in an alternative format can contact us by e-mailing us at: [email protected]; by calling us at: (866) 294-3772; or by sending us U.S. Mail to: LifeMD, Inc. (d/b/a REX MD), 800 Third Avenue, Suite 2800, New York, NY 10022.

Capitalized terms not defined herein shall have the meanings set forth in the REX MD™ Website Terms and Conditions (“Terms and Conditions”). IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE OFFERINGS.

Instagram® and Facebook® are registered trademarks of Facebook, Inc. (“Facebook”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). YouTube® is a registered trademark of Google, Inc. (“Google”). Please be advised that REX MD™ is not in any way affiliated with Facebook, Google or Twitter, nor are the Site Offerings endorsed, administered or sponsored by any of the aforementioned entities.

Your California Privacy Rights

Shine the Light. If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: [email protected]; call us at: (866) 294-3772; or send us U.S. Mail to: LifeMD, Inc. (d/b/a REX MD), 800 Third Avenue, Suite 2800, New York, NY 10022.

Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please e-mail us at: [email protected]; call us at: (866) 294-3772; or send us U.S. Mail to: LifeMD, Inc. (d/b/a REX MD), 800 Third Avenue, Suite 2800, New York, NY 10022. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law.

California Consumer Privacy Act of 2018 (“CCPA”). In addition to the foregoing, if you are a resident of the State of California certain other privacy-related rights may apply to you in accordance with the CCPA, including the right to opt-out of our sale of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that personal information. Please see our “Privacy Provisions for California Residents” below for a more complete description of your rights under the CCPA as a California State resident.

HIPAA/Protected Health Information

When you set up an account with REX MD™, you are creating a direct customer relationship with REX MD™ that enables you to access and/or utilize the various functions of the Site Offerings as a user. As part of that relationship, you may provide certain personal information to REX MD™ that we do not consider to be “protected health information” or “medical information,” such as your name, email address, mailing/billing address and telephone number.

However, where you request Prescription Medications or otherwise request certain REX MD™ Nonprescription Products, you may also provide certain health or medical information that may be protected under applicable laws, rules and regulations, such the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments (collectively, “HIPAA”). REX MD™ is not considered a “covered entity” under HIPAA; provided, however, that our Healthcare Providers are “covered entities” under HIPAA and, in connection therewith, REX MD™ may, in some cases, be a “business associate” of the Healthcare Providers. It is important to note that HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to all of your transactions or communications with REX MD™. To the extent REX MD™ is deemed a “business associate” however, and solely in its role as a business associate, REX MD™ may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the Healthcare Providers (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state 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 this Privacy Policy. Protected Information does not include information that has been de-identified in accordance with applicable laws.

The Healthcare Providers have adopted separate Notices of Privacy Practices that describe how they use and disclose Protected Information. By accessing or using any part of the Site Offerings, you acknowledge and agree that you have read all applicable Notices of Privacy Practices.

Your Nevada Privacy Rights

If you are a resident of the State of Nevada and would like to opt-out from the sale of your personal information to any third party data broker, please e-mail us at: [email protected]; call us at: (866) 294-3772; or send us U.S. Mail to: LifeMD, Inc. (d/b/a REX MD), 800 Third Avenue, Suite 2800, New York, NY 10022.

Privacy Policy Quick Links

Below are links to key sections of our Privacy Policy:

Personal Information Collected

Please see our Privacy Provisions for California Residents for additional details regarding the categories of personal information collected.
For the purposes of this Privacy Policy, “personal information” shall mean individually identifiable information from or about an individual. We collect personal information when you access certain of the Site Offerings and complete the required information request Form(s) and/or otherwise provide such information to us. The information that you must supply on the Form(s) may include, without limitation: (a) your full name; (b) your mailing/billing address; (c) your e-mail address; (d) your telephone number; (e) your gender; (f) your credit card information (where purchasing Products); (g) answers to questions regarding your health and well-being, as asked via the medical intake form; and/or (h) any other information requested by us on the applicable registration Form.

For purposes of this Privacy Policy, items (f) and (g) in the preceding paragraph, as well as any Protected Information, will be considered “Sensitive Information.”

Use and Sharing of Personal Information

Please see our Privacy Provisions for California Residents for details regarding our use and sharing of personal information.

REX MD™ will never share, sell, rent, exchange or barter your personal information to or with any third-party for financial gain or marketing purposes. Please be advised, however, that where you submit a request for Prescription Medication, we may share your personal information (including Sensitive Information and Protected Information) with our Healthcare Providers to enable them to evaluate your suitability for the applicable Prescription Medication.

By making your personal information available to REX MD™, you also grant REX MD™ the right, subject to applicable law, to use that personal information to contact you by telephone and email regarding your use of the Site Offerings (including in connection with any purchase of Products). If you wish to stop receiving future communications from us, please follow the instructions at the end of each such marketing message or see the “Opt-Out/Unsubscribe” section below.

Please be advised further that, by making your personal information available to REX MD™, you also grant REX MD™ the right to verify your identification via third party verification service providers (such as Woolly Labs, Inc. d/b/a Vouched). You acknowledge and agree that REX MD™ may share your personal information with such third party verification service providers for such purposes.

We may also use your personal information to send you promotional messages regarding various REX MD™ Nonprescription Products (as well as products and/or services offered by other LifeMD owned Internet properties such as REX MD™, Shapiro MD™, NAVA MD™, LifeMD™, and SoSRx™) and/or services, as well as third-party products and/or services that we think may be of interest to you. If you wish to stop receiving future communications from us, please follow the instructions at the end of each such marketing message or use any of the other options available in the “Opt-Out/Unsubscribe” section below.

Where you submit personal information, we use the personal information that you make available to facilitate the delivery of the applicable Site Offerings to you, including the Products and to respond to any inquiries made by you. You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Site Offerings, and to keep you informed of our other products and services.

We may also employ other companies and individuals to perform certain functions on our behalf. Examples include processing credit card and other payment transactions, sending direct and electronic mail, removing duplicate information from user lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our users’ personal information (including Sensitive Information, where applicable) as needed to perform these functions for us, but we do not permit them to use user personal information for other purposes.

We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience with the Site Offerings and/or to contact you for market research purposes. We may also use your personal information for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the Site Offerings. We may also combine the information we have gathered about you with information from other sources.

By submitting your personal information by and through the Site Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

Where you provide “prior express consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive, from REX MD™, telephone calls, including artificial voice calls, pre-recorded messages and/or calls (including text alerts via SMS text messages delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the Site Offerings, and your consent simply allows REX MD™ to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (a) have your telephone number reassigned to another person or entity; (b) give up your telephone number so that it is no longer used by you; (c) port your telephone number to a landline or vice versa; or (d) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify REX MD™ of the Phone Number Change via e-mail at: [email protected], or by using one of the methods set forth in the “Contact Us” section below.

We reserve the right to release current or past personal information (including Sensitive Information): (i) in the event that we believe that the Site Offerings are being or have been used in violation of the Terms and Conditions or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; or (iii) if we are sold, merge with a third-party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if REX MD™ is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via e-mail and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.

You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be required by applicable law, including sharing your e-mail address with third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and other e-mail marketing laws. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third-parties without permission.

Credit and/or Debit Card Transactions

REX MD™ utilizes third-party service providers to provide credit and debit card payment processing services. If you choose to purchase REX MD™ Nonprescription Products, the credit or debit card information provided will be shared with our contracted third-party payment processing service provider(s). REX MD™ requires that its third-party payment processing service provider(s) has/have in place privacy policies and practices consistent with this Privacy Policy; provided, however, that we cannot guarantee the privacy practices of our third-party payment processing service provider(s).

Non-Personal Information Collection and Use

Please see our Privacy Provisions for California Residents for more details regarding the categories and types of non-personal information collected.

Computer IP Addresses/Browser Type
We may collect certain non-personally identifiable information about you and your desktop computer when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Site Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Site Offerings.

Cookies
When a user visits the Site and/or interacts with one of our commercial e-mail messages, we send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable user’s computer and/or mobile device, as applicable. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience on the Site, as applicable. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the Site Offerings, including for storing user preferences and tracking Site usage (such as pages opened and length of stay at the Site, as applicable).

Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a user rejects a Cookie, he or she may still use the Site Offerings; provided, however, that certain functions of the Site Offerings may be impaired or rendered inoperable if the use of Cookies is disabled. We reserve the right to retain Cookie data indefinitely.

Behavioral Tracking
REX MD™ and its third-party partners, such as Google®, use Cookies, pixels and other tracking technology (collectively, “Tracking Technology”) to analyze trends, administer the Site, track users’ movements around the Site and to gather demographic information about our user base as a whole. In addition, we partner with third-parties such as Google® to use Tracking Technology in connection with the display of advertising on our Site, and to manage the serving of our advertising to you on other websites when you exit the Site. Our third-party partners may use Tracking Technology to gather information about your activities on the Site and other websites in order to provide you with certain REX MD™ advertising based upon your browsing activities and interests. To the greatest extent permissible under applicable law, we are not responsible for the tracking practices of third-parties in connection with the Site.

Users can opt-out of certain Google®-related tracking technology, and customize the Google® Display Network ads that they receive, by visiting the Google® Ads Settings at: http://www.google.com/settings/ads. Google® also recommends installing the Google® Analytics Opt-out Browser Add-on for your web browser, which is available here: https://tools.google.com/dlpage/gaoptout.

In addition, users may be able to disable some, but not all, of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. Further, users may be able to opt-out of this form of tracking utilizing the options made available by the Network Advertising Initiative, Facebook or Digital Advertising Alliance. Please note that opting out of this tracking activity does not opt you out of being served advertising. Even where you opt out of this tracking activity, you will continue to receive generic ads.

Cross Device Tracking
REX MD™ tracks users’ use of the Site Offerings across various devices, including your personal computer and mobile device, in order to optimize and personalize your Site Offerings experience. REX MD™ may collect certain of your personal information across various devices. Please be advised that where you opt-out of having your use of the Site Offerings tracked across devices, you may need to upload certain information multiple times and/or input your log-in information multiple times.

Aggregate Data
REX MD™ reserves the right to transfer and/or sell aggregate or group data about users of the Site Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of users as a group, without disclosing personally identifiable information.

Interactive Services, Social Media Websites and Widgets

If you engage in any interaction with REX MD™, other users or any third-party via the Interactive Services and/or by and through any Social Media Pages, you should be aware that: (a) the personal information that you submit by and through such Interactive Services and/or Social Media Pages can be read, collected and/or used by other users of these websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where REX MD™ responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of REX MD’™ social media accounts. We are not responsible for the personal information that you choose to submit via Interactive Services and/or any Social Media Websites.

In addition, the Site contains Social Media Website widgets and buttons (“Widgets”), such as the Facebook® and Twitter® share buttons. These Widgets may collect your IP address, as well as which page you are visiting on our Site, and may set a Cookie on your browser to enable the Widget to function properly. The Widgets are owned and operated by the applicable Social Media Websites. The Social Media Websites operate independently from REX MD™, and we are not responsible for such Social Media Websites’ interfaces or privacy or security practices.

Your interactions with the Social Media Pages and Widgets are governed by the privacy policies of the applicable Social Media Websites. We encourage you to review the privacy policies and settings of the Social Media Pages with which you interact to help you understand those Social Media Websites’ respective privacy practices. If you have questions about the security and privacy settings of any Social Media Pages and/or Widgets that you use, please refer to the applicable Social Media Website’s privacy notices or policies.

Third-Party Websites

This Site may contain links to third-party owned and/or operated websites including, without limitation, Social Media Websites, as well as the websites of third parties such as Healthcare Providers. REX MD™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and REX MD™ has no responsibility or liability relating to them.

Security of Your Personal Information

We endeavor to safeguard and protect our users’ personal information. When users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts users to enter Sensitive Information (such as Protected Information, driver’s license/ID card number, health insurance information, data collected from an automated license plate recognition system, Social Security Number and credit card information), and when we store and transmit such Sensitive Information, that information is encrypted with industry standard encryption technology.

Access to your personal information is strictly limited, and we take reasonable security measures to ensure that your personal information is not accessible to the public. All of our users’ personal information is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need user personal information to perform a specific job are granted access to user personal information. Our employees are dedicated to ensuring the security and privacy of all user personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store user personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.

Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site, other Site Offerings or otherwise via the Internet or wireless networks, is done at your own risk.

In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

Children’s Privacy

Please see our Privacy Provisions for California Residents below for more details regarding the personal information of minors.

Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information at the Site. REX MD™ does not knowingly solicit or collect information from visitors under eighteen (18) years of age.

Opt-Out/Unsubscribe

Please see our Privacy Provisions for California Residents below for instructions on how California Residents can opt-out of the sale of their personal information to third parties.

To opt-out of receiving e-mail and other forms of communication from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: [email protected].

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Site Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Site Offerings-related and/or inquiry response-related messages from REX MD™, you must cease requesting and/or utilizing the Site Offerings and/or cease submitting inquiries to REX MD™, as applicable.

Deleting, Modifying and Updating Your Information

Please see our Privacy Provisions for California Residents below for instructions on how California Residents can access and/or delete personal information that we have collected.

At your request, we will: (a) inform you of what personal information we have on file for you; (b) amend the personal information that we have on file for you; and/or (c) remove personal information that you have provided to us, or that we have otherwise collected. You may do so by e-mailing us at: [email protected]. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

Please be advised that deleting your personal information may terminate your access to certain of the Site Offerings. If you wish to continue using the full complement of Site Offerings, you may not be able to delete all of the personal information that we have on file for you.

Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

Transfer of Personal Information Internationally

If you are visiting the Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting the Site and/or otherwise communicating electronically with us, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.

Changes to this Privacy Policy

REX MD™ reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use personal information changes, REX MD™ will notify users by: (a) sending the modified policy to our users via e-mail; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use.

Contact Us

If you have any questions about this Privacy Policy or our privacy practices in general, you may e-mail us as at: [email protected]; call us at: (866) 294-3772; or send us U.S. Mail to: LifeMD, Inc. (d/b/a REX MD), 800 Third Avenue, Suite 2800, New York, NY 10022.

Privacy Provisions for California Residents

These Privacy Provisions for California Residents (“Privacy Provisions”) supplement, and do not limit in any way, the Privacy Policy set forth above. These Privacy Provisions apply solely to residents of the State of California (“CA Users”). We adopt these Privacy Provisions in compliance with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in these Privacy Provisions. CA Users with disabilities who wish to access these Privacy Provisions in an alternative format can contact us by emailing us at: [email protected]; calling us at: (866) 294-3772; or sending us U.S. Mail to: LifeMD, Inc. (d/b/a REX MD), 800 Third Avenue, Suite 2800, New York, NY 10022.

Categories of Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular CA User or device (“personal information”). In particular, we have collected the following categories of personal information from CA Users within the last twelve (12) months:

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, telephone number, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, postal address, telephone number, passport number, driver's license or State identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	YES
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	YES
F. Internet or other similar network activity.	Browsing history, search history, information on a CA User's interaction with a website, application or advertisement.	YES

Personal information does not include:

Publicly available information from government records
De-identified or aggregated CA User information.
Information excluded from the CCPA’s scope, such as:
1. health or medical information covered by HIPAA and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
2. personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources (with the specific categories of personal information indicated in parenthesis):

Directly from our CA Users. For example, from online registration forms that our CA Users submit to us in connection with the products and/or services that we offer by and through the Site. (Categories A, B, C, D and E)
Indirectly from our CA Users. For example, through information we collect from our CA Users in the course of providing our products and/or services to them. (Categories A, B, C, D, E and F)
Directly and indirectly from activity on the Site. This includes the type of browser that the CA User uses (e.g., Safari, Chrome, Internet Explorer), CA User IP address, the type of operating system used by the CA User (e.g., Windows or iOS) and the domain name of the CA User’s Internet Service Provider. In addition, we obtain certain Site usage details and analytics as same are collected automatically by us and our third party partners. (Category F)
When our CA Users interact with us on our social media accounts, including commenting on and/or liking our posts. (Categories A, B, C, D, E and F)
From third-parties that interact with us in connection with the products and/or services that we offer to our CA Users. For example, third party entities that assist us in sending direct and electronic mail, removing duplicate information from CA User lists, analyzing data and providing marketing analysis. (Categories A, B, C, D, E and F)

Use of Personal Information

Subject to your right to limit our ability to use the sensitive personal information that we collect from you, we may use or disclose the personal information that we collect (including: (a) name; (b) mailing/billing address; (c) e-mail address; (d) telephone number; (e) your gender; (f) credit card information (where purchasing Products); and (g) answers to health and well-being related questions, as asked via the medical intake form) for one or more of the following business purposes (with the specific categories of personal information indicated in parenthesis):

To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in connection with your request for products and/or services, we will use that information to process your request. (Categories A, B, C, D, E and F)
To provide you with information, products or services that you request from us. (Categories A, B, C, D, E and F)
To create, maintain, customize and secure your account with us. (Categories A, B, C, D, E and F)
To provide you with e-mail, direct mail and telemarketing messages concerning certain LifeMD, Inc. products and/or services, as well as third-party products and/or services, that we believe may be of interest to you. (Categories A, B, C, D, E and F)
To deliver relevant Site content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you. (Categories A, B, C, D, E and F)
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including the Site’s Terms and Conditions. (Categories A, B, C, D, E and F)
To improve the Site and better present its contents to you. (Categories A, B, C, D, E and F)
For customer service purposes and to respond to inquiries from you. (Categories A, B, C, D, E and F)
For testing, research, analysis and product development. (Categories A, B, C, D, E and F)
As necessary or appropriate to protect our rights, property or safety, and that of our customers or others. (Categories A, B, C, D, E and F)
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. (Categories A, B, C, D, E and F)
As described to you when collecting your personal information or as otherwise set forth in the CCPA. (Categories A, B, C, D, E and F)
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us is among the assets transferred. (Categories A, B, C, D, E and F)

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated or incompatible purposes without providing you with notice.

Sharing Personal Information

Subject to your right to opt-out of such sharing/sale, we may share your personal information (including: (a) name; (b) mailing/billing address; (c) e-mail address; (d) telephone number; (e) your gender; (f) credit card information (where purchasing Products); and (g) answers to health and well-being related questions, as asked via the medical intake form) for the business purposes set forth above.

When we disclose personal information to a third party service provider or other entity, we enter into a contractual relationship that describes the purpose for which such third party may use the personal information and requires that third party to both keep the personal information confidential and not use it for any purpose other than the performance of its services under the applicable contract. Please note, we do not collect information from CA Users that we actually know are less than eighteen (18) years of age and we do not share or sell the personal information of CA Users that we actually know are less than eighteen (18) years of age. Without limiting the foregoing, we have not shared or sold the personal information of CA Users that we actually know are less than sixteen (16) years of age in the preceding twelve (12) months.

In the preceding twelve (12) months, we have disclosed the following categories of personal information (including: (a) name; (b) mailing/billing address; (c) e-mail address; (e) telephone number; (f) your gender; (g) credit card information (where purchasing Products); and (h) answers to health and well-being related questions, as asked via the medical intake form) for a business purpose :

Category A Identifiers. Category B California Customer Records personal information categories. Category C Protected classification characteristics under California or federal law. Category D Commercial information. Category E Biometric information. Category F Internet or other similar network activity.

We disclose your personal information (including: (a) name; (b) mailing/billing address; (c) e-mail address; (d) telephone number; (e) your gender; (f) credit card information (where purchasing Products); and (g) answers to health and well-being related questions, as asked via the medical intake form) for a business purpose to the following categories of third parties (with the specific categories of personal information indicated in parenthesis):

Our affiliates. (Categories A, B, C, D, E and F)
Service providers. (Categories A, B, C, D, E and F)
Third parties (including Healthcare Providers) to whom you authorize us to disclose your personal information in connection with the products and/or services that we provide to you. (Categories A, B, C, D, E and F)

In the preceding twelve (12) months, we have not sold personal information to third parties.

Retention of Personal Information

REX MD may retain the categories of personal information set forth below for the period that is the greater of: (a) as long as REX MD believes necessary; (b) as long as necessary to comply with REX MD’s legal obligations, resolve disputes and/or enforce its agreements; and/or (c) as long as needed to provide CA Users with the products and/or services requested by such CA Users on the Site:

Category A Identifiers. Category B California Customer Records personal information categories. Category C Protected classification characteristics under California or federal law. Category D Commercial information. Category E Biometric information. Category F Internet or other similar network activity.

REX MD may dispose of or delete any such information at any time, except as required by law, or as otherwise restricted by the terms and conditions set forth in any other agreement or document that is binding upon REX MD.

Your Rights and Choices

The CCPA provides CA Users (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Opt-Out from the Sale of Your Personal Information

You have the right to opt-out of our sale of your personal information to third parties. To exercise your right to opt-out of our sale of your personal information to third parties, please submit a verifiable CA User request to us by either:

Clicking Here
Calling us at: (866) 294-3772;
Emailing us at:[email protected] ; or
Sending us mail to: LifeMD, Inc. (d/b/a REX MD), 800 Third Avenue, Suite 2800, New York, NY 10022.

We endeavor to act on all opt-out requests as soon as practicable, but in all cases within fifteen (15) business days of the receipt of your request.

Opt-Out from the Sharing of Your Personal Information

You have the right to opt-out of our sharing your personal information with third parties. To exercise your right to opt-out of our sharing your personal information with third parties, please submit a verifiable CA User request to us by either:

Clicking Here
Calling us at: (866) 294-3772;
Emailing us at: [email protected]; or
Sending us mail to: LifeMD, Inc. (d/b/a REX MD), 800 Third Avenue, Suite 2800, New York, NY 10022.

We endeavor to act on all opt-out requests as soon as practicable, but in all cases within fifteen (15) business days of the receipt of your request.

Opt-Out from the Use and/or Sharing of Your Sensitive Personal Information

You have the right to limit our use of your sensitive personal information, including any sensitive information from Category B (California Customer Records personal information), Category C (Protected classification characteristics under California or federal law) and/or Category E (Biometric information), to those uses which: (i) are necessary to perform the services or provide the goods requested by you; (ii) help us to ensure security and integrity of your personal information to the extent the use of your sensitive personal information is reasonably necessary and proportionate for these purposes; (iii) are short-term, transient uses including, but not limited to, non-personalized advertising shown as part of your then-current interaction with the Site, provided that your personal information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the then-current interaction with the Site; (iv) involve performing services on behalf of REX MD™, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of REX MD™; and (v) include activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by, REX MD™, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by, REX MD™.

You also have the right opt-out of our sharing your sensitive personal information with third parties, including any sensitive information from Category B (California Customer Records personal information), Category C (Protected classification characteristics under California or federal law) and/or Category E (Biometric information).

To exercise your right to limit our use of your sensitive personal information and/or opt-out of our sharing your sensitive personal information with third parties, please submit a verifiable CA User request to us by either:

Clicking Here
Calling us at: (866) 294-3772;
Emailing us at: [email protected]; or
Sending us mail to: LifeMD, Inc. (d/b/a REX MD), 800 Third Avenue, Suite 2800, New York, NY 10022.

We endeavor to act on all such requests as soon as practicable, but in all cases within fifteen (15) business days of the receipt of your request.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable CA User request, we will disclose to you:

The categories of personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we have shared that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable CA User request, we will delete (and direct our service providers to delete) your personal information from our (their) records, unless an exception applies; provided, however, that in some cases, strictly for regulatory compliance purposes and to better evidence/honor opt-out/unsubscribe requests (and for no other purposes), we may retain certain items of your personal information on a de-identified and aggregated basis in such a manner that the data no longer identifies you.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our obligations in connection with our contract/relationship with you.
Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech rights, ensure the right of another CA User to exercise her/his free speech rights or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, but only if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with CA User expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability and Deletion Rights

To exercise your access, data portability and/or deletion rights described above, please submit a verifiable CA User request to us by either:

Clicking Here
Calling us at: (866) 294-3772;
Emailing us at: [email protected]; or
Sending us mail to: LifeMD, Inc. (d/b/a REX MD), 800 Third Avenue, Suite 2800, New York, NY 10022.

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable CA User request related to your personal information.

You may only make a verifiable CA User request for access or data portability twice within a 12-month period. The verifiable CA User request must:

Provide sufficient information that allows us to reasonably verify that you are: (1) the person about whom we collected personal information; or (2) an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable CA User request does not require that you create an account with us. We will only use personal information provided in a verifiable CA User request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to all verifiable CA User requests within forty-five (45) days of the receipt thereof. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures that we provide will only cover the twelve (12) month period preceding the receipt of your verifiable request. The response that we provide will also explain the reasons that we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable CA User request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services;
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
Provide you a different level or quality of goods or services; and/or
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to these Privacy Provisions

We reserve the right to amend these Privacy Provisions in our discretion and at any time. When we make changes to these Privacy Provisions, we will notify you by email or through a notice on the Site’s homepage.

Contact Information

If you have any questions or comments about these Privacy Provisions, our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us by either:

Calling us at: (866) 294-3772;
Emailing us at: [email protected]; or
Sending us mail to: LifeMD, Inc. (d/b/a REX MD), 800 Third Avenue, Suite 2800, New York, NY 10022.

Date of last revision: 9-09-19

YOU UNDERSTAND THAT BY CHECKING THE "AGREE" BOX FOR THESE TERMS OF USE AND/OR ANY OTHER SUCH FORM OF THE SAME PRESENTED TO YOU FROM TIME TO TIME ON THE SITE YOU ARE AGREEING TO THESE TERMS OF USE AND THAT SUCH ON-GOING ACTIONS IN USING THE SITE CONSTITUTE A LEGAL SIGNATURE AND ON-GOING AGREEMENT TO THESE TERMS OF USE (IN WHATEVER FORM).

All capitalized terms used in this Consent to Telehealth but not defined herein have the meanings assigned to them in the Terms of Use. For avoidance of any doubt, the terms "rexmd.com", "we", "us", or "our" refer to Conversion Labs Rx LLC and the terms "you" and "yours" refer to the person using the Service.

Telemedicine involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a member who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or member education, and may include, but is not limited to:

Electronic transmission of medical records, photo images, personal health information or other data between a member and a healthcare provider;
Interactions between a member and healthcare provider via audio, video and/or data communications; and
Use of output data from medical devices, sound and video files

The electronic systems used in the rexmd.com Service will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.

Possible Benefits of Telemedicine

Can be easier and more efficient for you to access medical care and treatment.
You can obtain medical care and treatment at times that are convenient for you.
You can interact with providers without the necessity of an in-office appointment.

Possible Risks of Telemedicine

Information transmitted to your provider(s) may not be sufficient to allow for appropriate medical decision making by the provider(s).
The inability of your provider(s) to conduct certain tests or assess vital signs in-person may in some cases prevent the provider(s) from providing a diagnosis or treatment or from identifying the need for emergency medical care or treatment for you.
Your provider may not able to provide medical treatment for your particular condition via telemedicine and you may be required to seek alternative care.
Delays in medical evaluation/treatment could occur due to failures of the technology.
Security protocols or safeguards could fail causing a breach of privacy.
Given regulatory requirements in certain jurisdictions, your provider(s) treatment options, especially pertaining to certain prescriptions may be limited.

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I have read this special Consent to Telehealth carefully, and understand the risks and benefits of the use of telemedicine in the medical care and treatment provided to me through rexmd.com’s platform by "Providers".
I give my informed consent to the use of telemedicine by providers affiliated with rexmd.com.
I understand that the delivery of healthcare services via telemedicine is an evolving field and that the use of telemedicine in my medical care and treatment may include uses of technology not specifically described in this consent.
I understand that while the use of telemedicine may provide potential benefits to me, as with any medical care service no such benefits or specific results can be guaranteed. My condition may not be cured or improved, and in some cases, may get worse.
I understand that "Providers" may determine in his or her sole discretion that my condition is not suitable for treatment using telemedicine, and that I may need to seek medical care and treatment in-person or from an alternative source.
I understand that the same confidentiality and privacy protections that apply to my other health care services also apply to these telemedicine services.
I understand that I have access to all of my health and wellness information pertaining to the telemedicine services in accordance with applicable laws and regulations.
I understand that I can withhold or withdraw this consent at any time by emailing rexmd.com with such instruction. Otherwise, this consent will be considered renewed upon each new telemedicine consultation with "Providers".
I agree and authorize my health care provider to share information regarding the telemedicine exam with other individuals for treatment, payment and health care operations purposes.
I agree and authorize my health care provider to release information regarding the telemedicine exam to rexmd.com and its affiliates.

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