Please read this “Agreement” carefully and completely before using MyRxGuidance.com and/or the MyRxGuidance application (individually or collectively, the “Application”) or any services, content, or information provided through or in connection with the Application or by or on behalf of RxResults, LLC, or one of its subsidiaries or affiliates. IF YOU USE THE APPLICATION, YOU ARE BOUND BY THE FOLLOWING TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, WHETHER YOU READ THEM OR NOT.

The Application is owned and operated by RxResults, LLC. The information contained in and viewed by this Application is and shall remain the exclusive property of RxResults and/or its affiliates. By using the Application, you agree to respect the ownership rights and rules of use for RxResults, including the right of RxResults to monitor this Application at any time and the right of RxResults to process, retain, copy and, subject to RxResults’ Privacy and Security policy and applicable laws or regulations, use and disclose any information you may provide to RxResults through this Application. See our Privacy and Security Policy on the main page of the Application.

You are authorized to use this Application for your own personal use, provided you (a) do not use content of the Application for any commercial purpose and (b) do not remove, mask or obscure any copyright, trademark, service mark, patent or other intellectual property rights, notices or symbols displayed on the Application. You are not authorized to copy, recreate, or distribute the content of the Application nor its design used to present content other than as a provided for in the Application or application (i.e., printing or your profile information or faxing information to your prescribing health care professional).

All trademarks, service marks, trade names, trade dress, product names and logos appearing on the site are the property of their respective owners.

For security reasons, user IDs and passwords must be non-obvious, hard-to-guess, confidential, and changed on a regular basis, and you must log out at the end of each session. You are responsible for maintaining the confidentiality of your user ID and password and are fully responsible for all activities that occur in connection with your user ID or password such that, for all purposes under this Agreement, any activities in connection with your user ID or password will be deemed to be your activities. RxResults is in no way responsible for unauthorized use of your login and password. Further, you agree to immediately notify us of any unauthorized use of either your user ID or password or any other breach of security. You additionally agree that you will not permit others, including those whose accounts have been terminated, to access the Application using your user ID or password. All user IDs and passwords remain the property of RxResults, and may be cancelled or suspended at any time by RxResults without any prior notice or any liability to you or any other person. Although RxResults utilizes methodologies to reasonably ensure your identity at the time of registration, RxResults is not under any obligation to verify the actual identity or authority of the user of any user ID or password. If RxResults, in its sole discretion, considers a password to be insecure, then RxResults may cancel the password.

YOU ACKNOWLEDGE THAT ANY CLINICAL INFORMATION CONTAINED IN OR PRESENTED BY THE APPLICATION IS NOT A SUBSTITUTE FOR THE KNOWLEDGE, EXPERTISE, SKILL, AND JUDGEMENT OF PHYSICIANS, PHARMACISTS, OR OTHER HEALTH CARE PROFESSIONALS INVOLVED IN YOUR CARE. THE ABSENCE OF A WARNING FOR A GIVEN DRUG OR DRUG COMBINATION SHALL NOT BE CONSTRUED TO INDICATE THAT THE DRUG OR DRUG COMBINATION IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.

This Application displays common or average market prices for medications. The prices listed may be more or may be less than the price of the same medications at or from your pharmacy

Your use of the Application is at your sole risk.

By accessing or using the Application, you agree to use it and its content, made available herein solely for your own personal use, in the manner in which it is intended and for the legitimate business and informational purposes for which the Application is operated by RxResults. You further agree that you shall not use or attempt to use this Application, or any content or other information obtained herein for any unlawful or harmful purpose, including but not limited to any sabotage, industrial or economic espionage, defamation of any person or company or the humiliation, harassment, intimidation or threatening of any other person or company. You agree that you will not employ at any time nor attempt to enter into the Application any improper data, comments, statements or materials of any kind, including but not limited to any false, fraudulent, defamatory, or scandalous data, statements or accusations, any profanity, any pornographic or sexually explicit materials, images, depictions, diagrams, drawings, illustrations, video displays or references of any kind, nor any material containing or designed or intended to convey any insults to another person based on race, sex, national origin, ethnicity, age, color, disability, sexual orientation or religion. You understand and agree that this Application is a private enterprise owned and operated exclusively for business purposes of RxResults and its affiliated companies. The Application shall not be used by you to promote any personal, political or religious agenda or philosophy of you or any other person or organization.

You must not post, transmit, or otherwise make available through or in connection with the Application any virus or other computer code, file, or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment related to the Application.

You agree that RxResults shall be entitled, if it so chooses, to take steps to bar your continued use or access to this Application in the event of any improper activity of any kind and further that RxResults may report any such improper activity to appropriate civil or criminal authorities or agencies, either local, state or federal.

RxResults, and its directors, officers and employees, make no representations and extend no warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, validity of services, and the absence of latent or other defects, whether or not discoverable. Further, RxResults does not represent that the Application will operate without interruption or error, nor does RxResults provide any assurances of the availability or usability of the Application.

In no event shall RxResults, its directors, officers and employees, be liable for incidental or consequential damages of any kind, including economic damage or injury to property or lost profits, regardless of whether RxResults shall be advised, shall have other reason to know, or in fact shall know of the possibility.

RxResults nor its affiliates or vendors guarantee the accuracy, reliability, or completeness of any information or content available on or through the Application and shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any inaccuracies, unavailability, errors, or omissions therefrom.

You acknowledge that the operation of the Application may be affected by numerous factors beyond RxResults’ or its affiliates’ or vendors’ control. You further acknowledge the operation of the Application, whether by RxResults, its affiliates, or its vendors, may not be secure. Security and privacy risks cannot be completely eliminated. Password protection and other security measures may not prevent unauthorized access to the Application and your information. Please see the Privacy and Security Policy for this Application for more information about how RxResults protects your information.

RxResults shall not be responsible for any virus or contamination you or your computer programs or equipment may experience during or as a result of your access to this Application or your access to, downloading or use of any content of the Application, nor will RxResults be responsible for any problems, damages or errors associated with your access to this Application, or your access to, downloading or use of any content of the Application. In using or accessing this Application, you assume one hundred percent of all risks associated with such access or use, including but not limited to any risk of viruses or contamination, any software, hardware or other problems or losses, or any damages or errors related to such access or use.

You acknowledge and agree that the limitations set forth above are fundamental elements of this Agreement and the Application would not be provided to you absent such limitations.

To the maximum extent permitted under applicable law, you hereby agree to indemnify, defend, and hold RxResults, its affiliates and vendors, harmless from any liability, loss, claim, and expense (including reasonable legal fees) related to or arising out of your use of the content on the Application, your connection to the Application, your violation of this Agreement, or your violation of any rights of another.

This Agreement is effective until terminated by either party. If you no longer agree to be bound by this Agreement, you must cease your use of the Application, including any access thereto. If you are dissatisfied with the Application, its content, or any of the terms, conditions, and policies of this Agreement, your sole and exclusive legal remedy is to discontinue using the Application.

If you breach any provision of this Agreement, then you may no longer use the Application.

RxResults or its affiliates or vendors may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (i) suspend or terminate (in whole or in part) your authorization to use the Application; (ii) suspend or terminate and permanently delete and destroy any user ID, password, URL, IP address, or domain name; (iii) remove from the Application and permanently delete and destroy any information that you may have posted or submitted to the Application (and for purposes of this Agreement, “posted” and “submitted” includes transmission on or through the Internet and in hardcopy format through facsimile or post) for any reason or no reason; and (iv) prohibit you from any future use of the Application; all without any prior notice or liability to you or any other person.

If this Agreement is terminated for any reason, then: (a) this Agreement will continue to apply and be binding upon you in respect of your prior use of the Application (and any unauthorized further use of the Application), including your indemnification obligations; and (b) RxResults may immediately remove from the Application and permanently delete and destroy any information that you may have posted or submitted to the Application without any prior notice or liability to you or any other person.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND RXRESULTS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT RXRESULTS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by RxResults that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.

The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief, or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

The headings of paragraphs contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary in the court's opinion to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties herein set forth.

RxResults my update this agreement at any time. RxResults will attempt to provide notices of updates through reasonable means; however, YOU AGREE TO PERIODICALLY REVIEW THIS PAGE TO DETERMINE IF THIS AGREEMENT HAS BEEN UPDATED. YOUR CONTINUED USE OF THE APPLICATION FOLLOWING ANY UPDATES TO THIS AGREEMENT SHALL CONSTITUTE NOTICE AND ACCEPTANCE OF THE UPDATED AGREEMENT.

If you have a complaint regarding the Application, please contact RxResults using the contact information below.

If in writing:

• RxResults, LLC
• Attn: Legal Department
• 320 Executive Ct, Ste 201
• Little Rock, AR 72205

If by electronic mail:

• Legal@RxResults.com