Terms of Service

25 October 2022

Effective Date: November 1, 2022.

RepeatMD, Inc. (RepeatMD,” “we,” “us,” and/or “our”) provides users with the ability to earn points and rewards (collectively, “Rewards”) from various participating merchants through its website, www.repeatmd.com (“Site”) and mobile and other software applications (collectively, the “Service(s)”) subject to the following Terms (as amended from time to time, the “Terms”) and the Privacy Policy located at www.insiders.com/privacy-policy.

AGREEMENT TO THESE TERMS AND LICENSE TO USE

YOUR ACCESS TO AND USE OF THE SITE AND SERVICES IS SUBJECT TO YOUR AGREEMENT WITH THESE TERMS OF SERVICE (THESE “TERMS”) AND THE PRIVACY POLICY. BY ACCESSING OR USING THE SITES OR SERVICES, YOU EXPRESSLY AGREE TO THE TERMS AND CONDITIONS OF THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE OR ACCESS ANY OF THE SITE OR SERVICES FOR ANY PURPOSE. PLEASE PRINT A COPY OF THESE TERMS FOR YOUR RECORDS.

Subject to your agreement to and compliance with these Terms, we grant to you a non-exclusive, non-transferable, non-shareable, revocable, limited license to use the Site solely for your personal, non-commercial use in accordance with these Terms.

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice. If we change these Terms in a material way, we will provide appropriate notice to you, and, for any change, will indicate the date of revision at the top of this page. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, please stop using and accessing the Service.

These Terms contain a mandatory arbitration provision that requires that disputes be resolved in individual arbitration or small claims court proceedings.

PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION SET FORTH IN THE “MEDIATION, ARBITRATION AND CLASS WAIVER” SECTION BELOW, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY VIRTUE OF YOUR USE OF THE SITE AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE “MEDIATION, ARBITRATION AND CLASS WAIVER” SECTION AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

The Service

Your Registration Obligations

You are required to register with RepeatMD to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. If you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian. You further agree that you will not provide us or Rewards Providers any mobile device numbers not assigned to you.

By registering on the Site, you represent and warrant that (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into this Agreement with RepeatMD, (iii) the information you have provided to RepeatMD in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Site, (v) you will not interfere with a third party’s use and enjoyment of the Site, and (vi) you will not interfere with or disrupt RepeatMD’s or its vendor’s security measures.

Member Account, Password and Security

You are responsible for maintaining the confidentiality of your account, if any, and are fully responsible for any and all activities that occur under your account. You agree to (a) immediately notify RepeatMD of any unauthorized use of your account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. RepeatMD will not be liable for any loss or damage arising from your failure to comply with these requirements.

Modifications to Service

RepeatMD reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that RepeatMD shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Rewards

All Rewards made available in connection with the Service are promotional only. Such Rewards are made available directly by the relevant merchant providing such Reward (“Rewards Provider”) (and not RepeatMD) and are redeemable solely for the applicable goods or services of the relevant Rewards Provider. The Rewards Provider, not RepeatMD, is the provider of the Rewards and such goods and services and is solely responsible for redeeming any Rewards you obtain. You agree to hold RepeatMD harmless and acknowledge and agree that RepeatMD will have no liability if a Rewards Provider refuses or fails to honor any Reward. In addition, the following terms and conditions also apply to all Rewards:

  • Redemption frequency is determined by the Rewards Provider.

  • Use of Rewards relating to alcoholic beverages is at the sole discretion of the Rewards Provider and is subject to compliance with applicable law.

  • Rewards cannot be combined with any other rewards, offers, vouchers, third-party certificates, coupons, or promotions, unless otherwise specified by the Rewards Provider.

  • Rewards cannot be used for taxes, tips or prior balances, unless permitted by the Rewards Provider.

  • Reproduction or sale of any Reward is prohibited.

  • Any attempted redemption not consistent with these Terms or any other restrictions imposed by the Rewards Provider or RepeatMD (including any Reward-specific terms associated with a Reward) will render the Reward void.

  • Rewards are void to the extent prohibited by law.

  • Rewards may be applied only to the applicable products or services sold by the Rewards Provider that are the subject of such Rewards.

  • Limit one (1) Reward per redemption. Only one Reward can be used per redemption unless otherwise specified by the Rewards Provider.

Third-Party Services

RepeatMD is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third-party services, and such third-party services may revoke authentication at any time. As such, you acknowledge and agree that RepeatMD is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party service. RepeatMD enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

Mobile Services

The Service includes certain services that are available via a mobile device, including the ability to upload content to the Service and the ability to browse and otherwise access the Service or certain features thereof. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Mobile Services, you agree that we and Rewards Providers may communicate with you by automated SMS, MMS, text message or other electronic means to your mobile device and that information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your RepeatMD account information.

Conditions of Use

User Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. You acknowledge and agree that you, and not RepeatMD, are entirely responsible for all content that you upload, post, email or otherwise transmit via the Service, and for all activities and events that you facilitate via the Service.

Commercial Use

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for direct commercial endeavors.

Intellectual Property Rights

Service Content, Software and Trademarks

You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by RepeatMD, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service, if any. In connection with your use of the Service, you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying or related to the Service is the property of RepeatMD, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by RepeatMD.

The RepeatMD name and logo are trademarks and service marks of RepeatMD (collectively the “RepeatMD Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to RepeatMD. Nothing in this Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of RepeatMD Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of RepeatMD Trademarks will inure to our exclusive benefit. In the event you commit actions that breach the terms of this Section, you explicitly waive the Mediation, Arbitration and Class Waiver Section in this agreement and personally consent to jurisdiction of and venue in the State or Federal Courts of Harris County, Texas. Additionally, you acknowledge that a breach of this Section would damage RepeatMD in a way that could not be adequately compensated by monetary damages and therefore agree that any breach or threatened breach of this Section may appropriately be restrained by an injunctive order granted by a court of competent jurisdiction.

Third Party Material

You acknowledge and agree that under no circumstances will RepeatMD be liable in any way for any content posted by third parties (including Rewards Providers) or at the direction of users, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Service. You acknowledge and agree that RepeatMD does not pre-screen content, but that RepeatMD and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.

User Content Posted on the Site or the Service

You are solely responsible for the content and other materials you post on or through the Service or transmit to or share with other users or recipients, whether as an end user or otherwise (collectively, “User Content”), if any. You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting any User Content you hereby grant and will grant RepeatMD and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid, transferable, sub-licensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to RepeatMD are non-confidential and RepeatMD shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Copyright Complaints

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Service infringes your copyright, you (or your agent) may send RepeatMD a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see https://www.loc.gov/copyright for details). Notices and counter notices with respect to the Service should be sent to RepeatMD at:

By Mail:RepeatMD.1800 West Loop South, Suite 1700,Houston, TX 77027.

By Email: support@repeatmd.com

Third Party Applications

The Services may be available or accessed in connection with RepeatMD applications (“Applications”) made available through third party providers such as Apple, Inc., or Google, Inc. (“Provider”) through their storefronts such as the App Store and Google Play.

  • RepeatMD and you acknowledge that these Terms are concluded between RepeatMD and you only, and not with any Provider.

  • You may not use the Applications in any manner that is in violation of or inconsistent with the usage rules set forth for Applications made available through a Provider, or otherwise be in conflict with the terms of use of the Provider.

  • Your license to use Applications is limited to a non-transferable license to use the Applications on a device that you own or control, as permitted by the usage rules set forth in the terms of use of the Provider.

  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  • If you have any questions, complaints or claims with respect to the Applications, they should be directed to RepeatMD as follows:support@repeatmd.comRepeatMD.1800 West Loop South, Suite 1700,Houston, TX 77027.

RepeatMD and you acknowledge and agree that Provider, and Provider’s subsidiaries, are third party beneficiaries of these Terms with respect to the Applications made available through Provider, and that, upon your acceptance of the terms and conditions of these Terms, Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Applications as a third party beneficiary thereof.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet (including Rewards Provider websites). RepeatMD has no control over such sites and resources and RepeatMD is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that RepeatMD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties (including Rewards Providers) while using the Service are between you and the third party, and you agree that RepeatMD is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

You are solely responsible for the content of communications transmitted using the Site and Services, and/or User Content, and You agree to release, indemnify and hold RepeatMD and its affiliates and their officers, employees, directors, attorneys, shareholders, members, partners, and agents harmless from and against any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

CHILDREN

The Site and Services are not intended for children under the age of 18. If you are under 18 years of age, please do not use or access the Site or Services at any time or in any manner. By using the Site and Services, you affirm that you are over the age of 18. RepeatMD does not seek through the Site or Services to gather personal information from or about persons under the age of 18 without the consent of a parent or guardian.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REPEATMD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.REPEATMD MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.REPEATMD WILL USE REASONABLE EFFORTS TO KEEP THE CONTENT TIMELY AND ACCURATE, BUT MAKES NO GUARANTEES, AND DISCLAIMS ANY IMPLIED WARRANTY OR REPRESENTATION, ABOUT ITS ACCURACY, RELEVANCE, TIMELINESS, COMPLETENESS, OR APPROPRIATENESS FOR A PARTICULAR PURPOSE. REPEATMD ASSUMES NO LIABILITY ARISING FROM OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR SERVICES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DISCONTINUATION OF USE OF THE SITE AND SERVICES IS YOUR SOLE RIGHT AND REMEDY FOR ANY DISSATISFACTION WITH THE SITE, SERVICES, OR CONTENT.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT REPEATMD, ITS AGENTS, OFFICERS, ATTORNEYS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REPEATMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL REPEATMD’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID REPEATMD IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

RepeatMD is not liable to you or anyone else for any decision made or action taken based on use of the Site.

Mediation, Arbitration and Class Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any dispute or claim relating in any way to your use of the Services, other than a court action to enjoin infringement or other misuse of intellectual property rights, (“Covered Disputes”) will be submitted to mediation by a mutually agreed upon Mediator in Houston, Texas and if mediation does not resolve the Covered Disputes, the Covered Disputes shall be resolved by binding arbitration in Houston, Texas, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.

The arbitration will be conducted by JAMS under its rules, including the JAMS Consumer Minimum Standards. JAMS’s rules are available at www.jamsadr.com or by calling 1-800-352-5267. Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. The arbitrator shall be instructed, and the parties shall cooperate, with completing the arbitration with a ruling, if possible, in writing on each issue in dispute within 120 days of the arbitrator’s appointment by the JAMS. The arbitrator shall have the power to award damages, equitable relief, reasonable attorney’s fees and expenses, and the fees and Procedure 54(d) or successor Rule. The arbitrator’s rulings and awards shall be final and binding upon the parties and judgment thereon may be entered in any court having competent jurisdiction. The fees and expenses of the arbitrator and of the JAMS shall be awarded by the arbitrator.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration The Parties to this Agreement each waive any right to a jury trial.

You acknowledge and agree this Mediation, Arbitration and Class Waiver Section does not apply to any injunctive relief RepeatMD, Inc. may seek in a court of competent jurisdiction.

This arbitration and class waiver agreement not only applies to Covered Disputes between you and RepeatMD, but also to Covered Disputes between you and Reward Providers, other merchants who participate in RepeatMD loyalty programs, or vendors who perform services for RepeatMD.

Choice of Law and Venue

These Terms will be governed by the laws of Texas without regard to choice of law principles. This choice of law provision is only intended to specify the use of Texas law to interpret this Agreement and does not create any other substantive right to non-Texans to assert claims under Texas law whether by statute, common law, or otherwise. Exclusive venue for any litigation shall be in the state courts of Harris County, Texas or in the United States District Court for the Southern District of Texas. The Parties to this agreement waive any personal jurisdiction or venue (including, without limitation, a challenge based on inconvenience) argument or issue with regards to suits in the aforementioned courts and personally consents to the jurisdiction of the aforementioned courts.

Termination

You agree that RepeatMD, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service for any reason, including, without limitation, for lack of use or if RepeatMD believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your use of Service and may be referred to appropriate law enforcement authorities. RepeatMD may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be affected without prior notice, and acknowledge and agree that RepeatMD may immediately deactivate or delete your account and all of your related Rewards. Further, you agree that RepeatMD shall not be liable to you or any third party for any termination of your access to the Service.

Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your access to or use of the Site and/or Services, shall survive, including, but not limited to, the “Disclaimer,” “Intellectual Property Rights,” “Limitation of Liability,” “Indemnification,” and “Mediation, Arbitration and Class Waiver,” sections of these Terms.

PROHIBITED USES

In using the Site, you agree not to: Send or otherwise transmit to or through the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Site or computers of any kind, or any unsolicited advertising, solicitation or promotional materials; Misrepresent your identity or affiliation in any way; Restrict or inhibit any person from using the Site, disclose personal information obtained from the Site or collect information about users of the Site; Copy, modify, adapt, translate, or create derivative works based on the Site, Services, or Content; Reverse engineer, disassemble or decompile any section or technology on the Site, or attempt to do any of the foregoing; Gain unauthorized access to the Site, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Site, or otherwise circumvent, disable, or interfere with any security-related features of the Site; Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; Send or otherwise transmit to or through the Site chain letters, unsolicited messages, so- called “spamming” or “phishing” messages, or messages marketing or advertising goods and services; Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment; Violate any applicable laws or regulations or these Terms; Alter or modify any part of the Content or services offered on the Site; Remove, alter, cover, or distort any copyright notice or trademark legend, author attribution, or other notice placed on or contained within the Site, Services, or any Content; or Assist or permit any persons in engaging in any of the activities described above.

User Disputes

You acknowledge and agree that you are solely responsible for your interactions with any other user, Rewards Provider or third party in connection with the Service (or any third-party service with which the Service is integrated), and RepeatMD will have no liability or responsibility with respect thereto. RepeatMD reserves the right, but has no obligation, to become involved in any way with disputes between you and any Rewards Provider or other third party in connection with the Service (or any third-party service with which the Service is integrated). In addition, without limiting the foregoing, RepeatMD will have no liability or responsibility for any acts or omissions of Rewards Providers with respect to their use of any of your information or your interactions with them.

SMS Alerts for Users

  • To protect your privacy and security, we take reasonable steps (such as SMS authentication in certain cases) to verify your identity before granting you access to the RepeatMD Service.

  • When you opt-in to the RepeatMD Service, either through web-registration or in-store signup, you have the option to agree to receive SMS alerts.

  • You can cancel the SMS alerts at any time. Just text STOP. After you send the SMS message STOP to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

  • We are able to deliver messages to subscribers of most wireless carriers. Please check with your wireless carrier to confirm whether you are able to receive SMS alerts

  • As always, standard text message and data rates may apply for any SMS messages sent to you from us and to us from you. Message frequency depends on your interaction with the Service. If you have any questions about your text message or data plan, contact your wireless carrier. For all questions about the services provided by this short code, you can send an email to support@repeatmd.com.

General

These Terms and the Privacy Policy constitute the entire agreement between you and RepeatMD and govern your use of the Service, superseding any prior agreements between you and RepeatMD with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. These Terms shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. The failure of RepeatMD to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Service. We may assign our rights and obligations under these Terms, in whole or in part, at any time to any third party without notice. You may not assign these Terms or any rights or obligations hereunder without our prior written consent. Possible evidence of use of the Site or Services for illegal purposes will be provided to law enforcement authorities.

Your Privacy

Your Information: We may collect, use, and disclose your personal information but shall not disclose protected health information in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) if Rewards Provider is deemed a covered entity under HIPAA. If Rewards Provider is a covered entity under HIPAA, it shall implement compliance procedures in accordance with the HIPAA Security Rule.

At RepeatMD, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.