Website, or any of its contents (including software) in whole or in part. You agree that you are only authorized to visit and view the Website for your own personal use, and that you

shall not duplicate, download, publish, modify, or otherwise distribute any text, images, graphics, videos, or other information featured on the Website (collectively “Content”) for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the Website for any purpose, unless specifically authorized by us to do so. The Content and software on this Website is owned or licensed to iGalen or is protected by U.S. and international copyright laws.

You also agree not to use our Website to:

• Violate or solicit the violation of any applicable local, state, national or international law; • Order any products if you are under the age of 18 years old; • Infringe the rights of any third party, including but not limited to intellectual property rights and

privacy or publicity rights; or • Interfere with or disrupt our service.

Furthermore, you agree that you will not use any automated device or process, such as a "bot" or a "spider," to copy or extract information or content from our Website, except to use such information or content for purposes of listing our Website with a search engine or other service designed to direct users to this Website.

4: Errors on our Website. iGalen attempts to make sure that the information on this Website (including product

pricing information) is correct and current. However, we make no representation that the information on the Website is correct, complete, or current, nor do we guarantee that our order system will operate continuously and error free. Errors in content and functionality may periodically occur. If so, they will be corrected where discovered, and we reserve the right to revoke any offer and correct any errors, inaccuracies, or omissions. Prices and availability of sessions are subject to change without notice.

5: Third-Party Websites. The Website may contain links to websites operated by third-parties throughout the

Internet. iGalen has no control over these websites or the content within them, and we do not guarantee, represent, or warrant that the content contained in any third-party websites is accurate, legal and/or inoffensive, nor do we endorse any content or products that may be offered by any third-party website. By using the Website to search for or link to another website, you agree and understand that you may not make any claims against iGalen for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results, or to link to another website.

6: Intellectual Property. The trademarks, logos and service marks displayed on this Website are the property of

iGalen. Users are not permitted to use trademarks, logos and service marks without prior written consent. You acknowledge that all content and materials available on this Website are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by iGalen or our licensors. Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices. iGalen shall retain exclusive ownership of all data, material and other information regarding the Website. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY If you are notifying iGalen of alleged copyright infringement, please be sure to provide the following information in the form required by 17 U.S.C. Section 512: (i) A description of the copyrighted work that you allege is being infringed, or, if there are multiple copyrighted works that are covered by a single notification, a representative list of such works; (ii) A description of the allegedly infringing material and information sufficient to permit us to locate the material; (iii) Information reasonably sufficient to permit us to contact you,

such as an address, telephone number, and/or an electronic mail address; (iv) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and (v) A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.

DESIGNATED DMCA AGENT FOR NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT NAME: iGalen DMCA Agent ADDRESS: 600 West Broadway, Suite 700, San Diego, CA 92101 EMAIL: support@igalen.com

7: DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION,

INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (THE "WEBSITE CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER IGALEN NOR OUR DISTRIBUTORS MAKE ANY WARRANTIES THAT THE CONTENT OF THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE WEBSITE.

8: LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL IGALEN, OUR SUBSIDIARIES, OR OUR

DISTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR FROM INFORMATION PROVIDED ON THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE LAW.

9: Indemnification. You agree to defend, indemnify and hold iGalen, together with its officers, directors,

employees, and Distributors, harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any part of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Website caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and use of the Website.

10: Arbitration Agreement and Class Action Waiver. You agree to arbitrate all disputes and claims that arise out

of or relate to your use of the Website. Therefore, you agree that, by using the Website, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated.

This agreement to arbitrate includes, but is not limited to, any dispute, claim or controversy arising out of or relating to your use of the Website. Any such dispute shall be determined by arbitration to be held in San Diego, California before one arbitrator. Any party to an arbitration proceeding may appear remotely by telephone or Internet. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

11: Choice of Law; Forum. You agree that the Website shall be deemed based in San Diego, California USA, and

is housed on a passive server that does not give rise to personal jurisdiction over the Company, either specific

or general, in any jurisdiction other than San Diego, California. This document shall be governed in all respects by the laws of California. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in San Diego, California. For any matters, not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within San Diego, California for the purpose of litigating all such claims or disputes. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.

12: For Residents of Certain States. If you are a California resident, by using the Website, you explicitly waive the

rights granted to you under California Civil Code 1542, which states: "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 New Jersey resident, certain sections of this Terms of Use may not apply to you pursuant to the New Jersey Truth in Consumer Contract, Warranty, and Notice Act. Additional states may not allow an exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.

13: International Users. By choosing to access the Website from any location other than the United States, you

accept full responsibility for compliance with all local laws that are applicable. iGalen makes no representation that materials on the Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from this Website in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.

14: Entire Agreement and Severability. These Terms and any document incorporated by reference herein,

together with the Privacy Policy, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between us. If any provision of these Terms is found by a court or other binding authority to be invalid, the remaining provisions contained in these Terms shall continue in full force and effect.

15: Modifications. iGalen reserves the right to modify these Terms of Service at any time without advanced

notice. In the event, we elect to make a change, we will inform visitors by posting a notice on our Website, and include a link to the previous version of these Terms of Service.

IGalen, Inc. 600 West Broadway, Suite 700 San Diego, CA 92101 support@igalen.com