Early Access - Injector 360

Participation Agreement

This Participation Agreement (this “Agreement”) is effective as of the date you register (the “Effective Date”), between Injector 360 LLC D/B/A Injector 360, a Florida limited liability company (“Company”), and the entity set forth below, for itself and on behalf of its Affiliates (“Participant”).

RECITALS

WHEREAS, Company is a “group purchasing organization” (“GPO”) that maintains agreements with vendors for purchasing products, equipment and services used by healthcare facilities as part of a group purchasing program; and

WHEREAS, the Parties desire to enable Participant to participate in Company’s group purchasing program and purchase products and services under GPO Vendor Contracts in accordance with the provisions of this Agreement (the “Program”).

NOW, THEREFORE, in consideration of the premises, agreements and covenants detailed in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties hereby agree as follows:

Definitions.
The following terms have the following meanings:
- “Affiliate” means, with respect to any specified entity, any entity that directly or indirectly controls, is controlled by or is under common control with such specified entity.
- “Event of Default” means with regard to Participant, the occurrence of any one or more of the following events (a) If Participant or any of its Affiliates becomes insolvent, unable to pay its debts as they become due, or makes any assignment of assets or business for the benefit of creditors, or if a trustee or receiver is appointed to administer or conduct its business or affairs, or if a voluntary or involuntary petition is filed by or against Participant in any court of bankruptcy; (b) If Participant or any of its Affiliates shall fail to comply with any provision of this Agreement, including, but not limited to, the prompt payment by Participant and each of its Affiliates of all monetary obligations connected with Products and Services purchased through the GPO Vendor Contracts, and all other obligations of Participant and each of its Affiliates under this Agreement; (c) If Participant or any of its Affiliates should breach any obligation Participant may have with Company, whether written or oral; (d) If Participant is an individual and becomes deceased; (e) If Participant is a business entity, and if Participant should sell or transfer at any one time or from time to time fifty-one percent (51%) of the total outstanding voting interest or equity interest of Participant to one or more persons or entities other than the owner or owners of Participant existing as of the date of this Agreement; (f) If Participant is a business entity, and if there should be a sale or transfer to a third party or distribution to Participant’s owners of substantially all of the assets of Participant; or (g) If Participant is a business entity, and if there should be a merger or consolidation of Participant into another business entity, or the merger or consolidation of another business entity into and with Participant.
- “GPO Vendor Contract(s)” means the purchasing agreements between Vendors and Company through which Products and Services are made available for purchase by Participants, in most cases from Company, but in some cases, directly from the applicable Vendor.
- “Eligibility Date” means the date that Participant and its Affiliates are able to start purchasing Products and Services under the GPO Vendor Contracts, as set forth in Company’s notification to Vendors and Participant, which is also the Effective Date, as set forth above.
- “Participants” means and refers to Participant and to those other entities that have entered into Participation Agreements with Company similar to this Agreement.
- “Party” or “Parties” means Company and Participant individually as Party or collectively as Parties.
- “Products and Services” means the products, pharmaceuticals, including but not limited to, those compounded or distributed as manufactured by Vendors; equipment, supplies, software, and other goods used in the practice of medicine, and services available pursuant to GPO Vendor Contracts.
- “Vendor(s)” means the pharmacies, supplier(s) or distributors(s) of Products and Services pursuant to GPO Vendor Contracts.

Purchase of Products and Services; Affiliates.
1. Authorization. Participant, on behalf of itself and its Affiliates, hereby authorizes Company, as agent, to: (a) negotiate the terms of and enter into GPO Vendor Contracts, and to cancel or modify any GPO Vendor Contracts, as it deems necessary, advisable or appropriate; (b) receive rebates or discounted pricing from Vendors based on purchases pursuant to GPO Vendor Contracts by Participant and its Affiliates through Company or made directly from the Vendors; and (c) in accordance with applicable laws, receive from Vendors or Participant data relating to purchases of Products and Services pursuant to GPO Vendor Contracts, which could include for each Participant, without limitation the specific items purchased, amounts invoiced and dates ordered and delivered or backordered, provided that no patient specific information would be included.
2. Eligibility Date. On the Eligibility Date, Participant and its Affiliates shall be eligible to purchase Products and Services under GPO Vendor Contracts in accordance with the terms and conditions of this Agreement.
3. Purchase of Products and Services. In addition to Participant, the Affiliates, as third-party beneficiaries of this Agreement, shall have access to the Program and may purchase Products and Services pursuant to GPO Vendor Contracts. Each Affiliate that makes a purchase thereunder shall be subject to all terms and conditions of this Agreement. Participant shall be responsible for its Affiliates’ compliance with this Agreement and all applicable GPO Vendor Contracts, including compliance with performance and payment obligations therein. To the extent consistent with best medical practice procedures and the best interests of the patients, Participant further agrees to purchase and/or use the Products and Services in such ways and amounts as will justify the continuation of this Agreement, which judgment shall be in the sole discretion of Company. Nothing contained in the foregoing sentence should be construed to require or encourage Participant to prescribe medical treatment or pharmaceuticals for the sole purpose of complying with such sentence, if such prescriptions are not medically indicated. Notwithstanding the foregoing, Participant’s participation in any GPO Vendor Contract arranged by Company is voluntary. Participant is at liberty to purchase the Products and Services from any vendor, regardless of whether Company has arranged the Program with such vendor, so long as Participant is not in violation of Section 2.4. Participant acknowledges and agrees that participation guidelines may be established and changed by Company from time to time as to what degree of participation is expected of Participant under the provisions of this Section 2.3. Participant agrees to comply with such guidelines, the same as if they were set out in this Agreement. Participant represents on a continuing basis that Participant is solvent as of the date of this Agreement and agrees that this representation of solvency shall be deemed to have been re-extended to Company each time Participant makes a purchase through a GPO Vendor Contract, unless Participant advises Company otherwise in writing. Participant covenants to notify Company immediately if and when this representation of solvency shall no longer be true. Participant acknowledges and agree that as of the Eligibility Date, Participant agreed to the “Injector 360 Terms and Conditions for Online Purchases” as a part of receiving access to Company’s website portal (the “Website”) through which Participant may purchase the Products and Services (the “Online Purchase Terms”). The Online Purchase Terms contain additional terms pertaining to Participant’s purchases of the Products and Services, together with any other terms which pertain to Participant’s usage of the Website and/or purchase of the Products and Services, including the SaaS Terms, Website Terms of Use, Privacy Policy; and any other agreements between Company and Participant (collectively, the “Additional Terms”), all of which are intended to supplement, rather than replace the provisions of this Agreement. To the extent there is a conflict between any of the provisions of the Additional Terms and of this Agreement, the terms most favorable to Company, as determined by Company in its sole discretion, shall govern.
4. No Separate Agreements. Neither Participant nor its Affiliates shall (directly or through third parties) negotiate amendments or modifications to GPO Vendor Contracts or enter into a separate agreement with a Vendor for the Products and Services sold by that Vendor pursuant to a GPO Vendor Contract without the prior written approval of Company. Except as stated below, any purchases of Products and Services made from Vendor or any other third party directly by Participant of the same types of Products and Services offered under this Agreement without the consent of Company shall be subject to an administrative fee equal to ten percent (10%) of the purchase price paid by Participant for such Products and Services, regardless of whether they were purchased by Participant under terms separate and apart from those specified in this Agreement. Such administrative fees shall be paid monthly by Participant and accompanied by a copy of the invoices or purchase orders evidencing such purchases. Such administrative fees shall continue to be due and payable after the termination of this Agreement for so long as the Products and Services covered by this Agreement are being purchased by Participant. Accordingly, this obligation and any other obligations in this Agreement, which by their nature are intended to survive the termination of this Agreement shall survive the termination of this Agreement. Participant may deduct from such administrative fee obligations any payments made by the applicable Vendor or other third-party seller to Company with respect to such purchases. During the term of this Agreement, under no circumstance shall Participant circumvent this Agreement by doing or causing any of the following to be done, either directly or indirectly: (i) purchasing any Product or Service available under this Agreement from a Vendor with whom a GPO Vendor Contract exists without going through the Website and without Company’s approval; or (ii) purchasing a Product or Service available on the Website from the Vendor or any third party at any price without reporting the sale of any such Products or to Company, without going through the Website and without Company’s approval. Nothing contained in this Agreement shall preclude Participant and its Affiliates from participating in other GPOs, so long as they primarily purchase the Goods and Services provided by Company through the Program as posted on the Website. The list of such Products and Services may be updated by Company from time to time, by posting them on the Website, whereupon the update will become effective. If such update affects Participant adversely because Participant is already sourcing the newly added Product or Service from another GPO, Participant may so notify Company and it will not be subject to such update.
5. Affiliates Acquired by Participant. If Participant or any of its Affiliates acquires any new facility, or enters into an agreement to manage the supply chain function of an independent healthcare provider, and in the event Participant seeks to include any such Affiliate or provider as an Affiliate hereunder, then Participant shall advise Company in writing of such event. Upon the effective date of such notice, each new Affiliate shall have access to the Program as an Affiliate hereunder.
6. Online Purchases. It is anticipated that Participants will purchase the Products and Services through the Website. In many cases, Company will collect the payments for such purchases on behalf of Vendor and remit the price charged by Vendor to Vendor. Participant acknowledges and agrees that in lieu of charging all or a portion of an administrative fee to Vendor, Company may elect to receive a lower price from the Vendor than what Company charges to Participants for the purchases of Products and Services. Any such profit margin received by Company for the purchases of Products and Services shall go toward compensating Company for its services as a group purchasing organization to Vendor and Participants. Accordingly, after remitting to Vendor its invoiced charges on the purchases of Products and Services, Company will retain the balance of funds, if any, paid by the Participants. Company shall not be required to disclose the prices it pays to Vendors for the purchase of Products and Services. Similarly, any administrative fees or rebates paid to Company by the Vendors with respect to purchases of Products and Services by Participant are the sole and exclusive property of Company, without Company having any obligation to share them in whole or in part with Participant.

Term and Termination.
1. Term. This Agreement shall commence on the Effective Date and remain in effect until December 31, year after the Effective Date (“Initial Term”) and will renew automatically thereafter for periods of one (1) year each (each a “Renewal Term”). Either Party shall have the right to terminate this Agreement upon written notice to the other Party provided in accordance with Section 3.2. “Term” means collectively the Initial Term and all Renewal Terms.
2. Termination or Suspension. Either Party may terminate this Agreement without cause or penalty upon ninety (90) days' prior written notice to the other Party. Upon the occurrence of an Event of Default, the non-defaulting Party shall notify the defaulting Party in writing of the specific nature of the default. If the defaulting Party does not cure the Event of Default within thirty (30) days of receiving a notice of it, the non-defaulting Party may immediately terminate this Agreement. Termination for breach shall not preclude the non-defaulting Party from pursuing any and all remedies available to it at law or equity. Upon termination of this Agreement, Participant or Affiliates will no longer be able to access or purchase under GPO Vendor Contracts. Upon the occurrence of an Event of Default by Participant, Company may at its option, immediately suspend Participants access to the Program and the Website until the underlying default is cured to the reasonable satisfaction of Company or until the cure period of the notice has expired without a cure at which time Company may terminate this Agreement. Alternatively, Company may, in its sole discretion, grant Participant additional time to cure while such suspension remains in effect.
3. Effect of Termination. Except as otherwise provided herein, upon termination of this Agreement, Company shall have no further obligations hereunder, including, without limitation, any obligation to maintain, update or advise Participant or its Affiliates concerning any Products or Services. Participant shall remain obligated to pay for all purchases by it and the Affiliates made under such GPO Vendor Contracts.
  Unless Participant notifies Company to the contrary at, or prior to the time this Agreement is terminated, effective as of the termination of this Agreement, Participant, on behalf of itself and its heirs, successors and assigns, does hereby FOREVER SETTLE, RELEASE, ACQUIT, AND FOREVER DISCHARGE COMPANY and its predecessors, agents, employees, officers, directors, shareholders, parent corporations, subsidiaries, affiliates, employees, attorneys, insurers, and representatives, as well as their respective successors and assigns (collectively, the “Released Parties”), of and from any and all claims and causes of action arising under or in connection with this Agreement and any other related agreements or any facts arising in connection with its participation in any of the programs of Company that were or could have been asserted against any of them. Participant agrees and promises not to sue Company or any of the other Released Parties for any claim that is released above. Upon termination of this Agreement, Participant will upon Company’s request reaffirm the release and covenant not to sue by a signed writing.

Administrative Fees, Rebates and Participation Fees.
1. Administrative Fees. Participant acknowledges, for itself and on behalf of its Affiliates, that: (a) Company will receive payment of fees for administrative and other services provided by Company from Vendors based on Products and Services purchased, licensed, or leased by Participant or its Affiliates (collectively “Administrative Fee(s)”) during the Term
2. Rebates. It is anticipated that in addition to the administrative fees discussed in Section 4.1, Company may also receive rebates from certain Vendors based upon the amount of purchases made by Participant and other Participants in the Program. Under the terms of some GPO Vendor Contracts, it may be mandatory for Company to pay all of the such rebates to the Participants, but under the terms of other GPO Vendor Contracts, the payment of all or portion of such rebates to Participants is left to the discretion of Company. As to those GPO Vendor contracts in which the payment of rebates to the Participants is discretionary (the “Discretionary Rebates”), it is acknowledged and agreed that all or a portion of the Discretionary Rebates may be retained by Company as compensation for the services rendered by it to the Vendors and the Participants. It lies within the sole discretion of Company as to what portion of the Discretionary Rebates, if any, it will pay to Participant. No Discretionary Rebate or payment to Participant by Company shall be deemed earned, become the property of Participant or subject to any claim of Participant until it is actually paid to Participant by Company. It is the policy of Company to retain all of the Discretionary under normal circumstances. If Company pays a rebate to Participant, Participant is responsible for allocating any such rebate so received, as well as any rebate received directly from any Vendor, among its Affiliates (in proportion to their purchases of Products and Services giving rise to the rebate).
3. Participation Fees. Participant will not be required to pay any participation fees during the Initial term, terms are defined in Section 3.1. From and after the expiration of the Initial Term, Company may charge Participant a reasonable periodic participation fee in any renewal term. Participant acknowledges and agrees that the amount of such participation fee may, at the sole discretion of Company, be changed from time to time and that it may vary with regard to what is charged to other Participants. If Participant does not agree to any such fee increase, it may terminate its participation in this Agreement as of the date any participation fee or participation fee increase is to take effect.

Confidentiality.
Participant on behalf of itself and its Affiliates covenants and agrees that neither they, nor any of their respective directors, officers, employees or agents will use any information any of them receives or has received from Company in a way detrimental to the Company. Participant further covenants and agrees on behalf of itself and its Affiliates that the information will be kept confidential and shall not, without the prior written consent of Company, be disclosed in any manner whatsoever in whole or in part. For purposes of this Agreement, the information shall include all types of information or data disclosed, revealed or made available to Participant and its Affiliates, either orally or in writing, relative to the programs of Company which shall include, but not be limited to, trade secrets, financial statements, cost and expense data, sales figures, marketing data, administrative procedures, business policies and procedures, contracts and other similar information. Upon request by Company, Participant will sign a more detailed non-disclosure and confidentiality agreement from time to time, which shall be of a form and substance reasonably satisfactory to the Parties.

Insurance and Hold Harmless.
Neither Company nor Participant and its Affiliates undertake any obligation in this Agreement with respect to products liability and Participant and its Affiliates shall carry primary general liability and products liability insurance coverage in an amount not less than $1,000,000 per occurrence (or a combination of primary coverage of at least $250,000, with the balance of such amount being covered by umbrella insurance), which policy or policies of insurance shall each name Company as an additional insured upon request of Company. Participant agrees on behalf of itself and its Affiliates that Participant and its Affiliates, shall jointly and severally protect, defend and hold the Company, and its successors, assigns, Affiliates, and each of its and their respective employees, servants, agents, attorneys, officers, directors, shareholders, members, managers, and owners (collectively, the “Indemnified Parties”) harmless from any and all damages, losses, liabilities and deficiencies (including, without limitation, reasonable attorneys' fees, court costs and other litigation expenses) incident to any claim, suit, action or proceeding, whether threatened or actual, arising out of or caused by any one or more of the following: (i) any use, sale, prescription, application or provision of one or more Products and Services by Participant or any of its Affiliates which is alleged by a claimant to be defective in any way (including, without limitation, in design, or in manufacture) or negligent in the manner in which one of the Products and Services was prescribed, applied or provided; (ii) any failure on the part of Participant or its Affiliates to duly perform and observe any term, provision, covenant, agreement or condition under this Agreement; or (iv) any negligent or more culpable act or omission (including recklessness or willful misconduct) by participant or its Affiliates, or any third party on behalf of Participant, or its Affiliates. The term “reasonable attorneys” fees,” as used above shall include any legal fees and related expenses incurred by any one or more of the Indemnified Parties in connection with any such indemnified matter, including without limitation, the fees of its Company counsel for services rendered in such matter, in addition to the fees of any special counsel obtained by such Indemnified Parties or provided by Participant or its Affiliates or their respective insurers to defend such Indemnified Parties in such matter. It is understood and acknowledged by the Parties that the term “Affiliates” as defined in this Agreement is not intended to include other Participants of Company.

Limitation of Liability.
1. Disclaimer. Company shall have no liability under any GPO Vendor Contract or with respect to any such purchases or any Products and Services made by Participant pursuant to any such GPO Vendor Contract. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) COMPANY DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, AS TO ANY PRODUCTS AND SERVICES SOLD BY ANY VENDOR; AND (b) PARTICIPANT AND EACH OF ITS AFFILIATES HEREBY EXPRESSLY RELEASES COMPANY FROM ANY AND ALL LIABILITY AND CLAIMS RELATING TO THE PRODUCTS AND SERVICES, AND ANY BREACH OR ALLEGED BREACH OF WARRANTY IN CONNECTION WITH THE PRODUCTS AND SERVICES.
2. Limitation of Liability. In no event will Company, or any of its respective Affiliates, agents, officers, directors and employees be liable to Participant or any of its Affiliates for any indirect, punitive, special, incidental or consequential damage each may suffer in connection with or arising out of this Agreement (including loss of profits, use, data or other economic advantage to the extent not determined to be direct damages), however it arises, whether for breach of this Agreement, or in tort, even if they have been previously advised of the possibility of such damage.
3. CAP ON MONETARY LIABILITY. IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF COMPANY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OF THE PRODUCTS OR SERVICES CONTEMPLATED HEREUNDER OR RELATED TO THE WEBSITE, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNTS PAID TO COMPANY UNDER THIS AGREEMENT IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
4. Time Limitation. No claim against Company of any kind under any circumstances will be filed more than one year after Participant, knows of, or in the exercise of reasonable care could know of, such claim or an act or omission of Company that would give rise to such claim.

Compliance with Contract Terms, Laws and Policies.
Participant represents and warrants that it will, and will require each of its Affiliates to: (a) comply with all terms of this Agreement; (b) comply with all terms of GPO Vendor Contracts, including without limitation, payment terms; (c) comply with all applicable laws; (d) comply with Company policies communicated to Participants and Affiliates (as authorized under Section 25) and (e) execute separate agreements or acknowledgements as reasonably requested by Company or any particular Vendor evidencing Participant’s and/or such Affiliate’s participation in the Program and agreement to comply with the terms of this Agreement and the relevant GPO Vendor Contracts.

Purchases Are for Own Use.
Each Participant represents and warrants that all Products and Services purchased will be for Participating Member's “own use,” within the meaning of the Nonprofit Institutions Act as interpreted by the U.S. Supreme Court in Abbott Laboratories v. Portland Retail Druggists Association Inc., 425 U.S. 1 (1976), and its successor line of cases. As such, Participant agrees that all Products and Services that Participant and its Affiliates purchase pursuant to GPO Vendor Contracts will be for use in the provision of healthcare services at Participant’s or its Affiliates’ locations, and not for resale or distribution to third parties, other than in the course of the provision of healthcare services by Participant or its Affiliates.

Drug Enforcement Administration Registration Numbers & National Provider Information Number.
Participant hereby consents to Company providing Drug Enforcement Administration registration numbers (“DEA” numbers) or National Provider Information (NPI) numbers for Participant and all its Affiliates to Vendors, including authorized Company distributors; and to Company receiving such DEA numbers from Vendors, authorized Company distributors, and any other appropriate sources.

Audit Rights.
Company shall have the right, at its expense, to review and audit the books, records, and documents (whether in hardcopy, electronic or other form) of Participant and/or its Affiliates, to (a) verify compliance with their obligations pursuant to this Agreement and (b) to obtain any data and information required for Company to fulfill its responsibilities under this Agreement and as to fulfill its responsibilities as a GPO for healthcare providers. The audit shall be conducted only after reasonable notice and during normal business hours at dates and times mutually agreed to in good faith by the Parties and may be conducted by Company’s employees or agents, or by a third-party auditor subject to the reasonable confidentiality policies and procedures. This right of audit may be exercised no more than one (1) time per year, except in the event of Participant or an Affiliate’s breach of this Agreement. Each of Participant and its Affiliates will cooperate with Company to provide the above-stated materials, and to provide any reasonable assistance to Company and its auditors necessary Company to carry out any audit as permitted herein.

Notices.
All notices or other communications required or permitted under this Agreement shall be in writing and sent by express delivery service, with proof of delivery, electronic mail with receipt acknowledgement or delivered personally, with recipient’s written acknowledgment of receipt. Notices shall be deemed to have been given upon receipt. Neither Party shall refuse delivery of any notice hereunder. Notices shall be addressed to each Party as set forth below:
Address for Notice:
If to Company:
Injector 360 LLC.
D/B/A Injector 360
10290 Atlantic Avenue, #480063
Delray Beach Florida 33448
Attention: Dr. Robyn Siperstein, Managing Member
(e-mail: support@Injector360.com)

With a copy to:
Harry B. Ray
Ray Law Firm, PLLC
6150 Shallowford Rd,
Suite 105
Chattanooga, TN 37421
(E-Mail: hbr@hbrlaw.com)

If to Participant: to the address provided to the Company when registering.

Assignment.
This Agreement is dependent upon the personal qualifications of Participant and therefore Participant may not assign, subcontract, delegate or otherwise transfer this Agreement or any of its rights or obligations hereunder, without the Company’s prior written consent, and any attempt to so assign, subcontract, delegate or transfer without such consent shall be null and void.

Entire Agreement and Waiver.
This Agreement sets forth the entire agreement and understanding of the Parties in respect of the transactions contemplated hereby, and supersedes all prior agreements, arrangements and understandings relating to the subject matter hereof. No Party has relied upon any oral or written statement, representation, warranty, covenant, condition, understanding or agreement made by any other Party or any representative, agent or employee thereof, except for those expressly set forth in this Agreement or in the exhibits hereto. All rights and remedies conferred under this Agreement or by any other instrument or law shall be cumulative and may be exercised singularly or concurrently. The failure by Company to enforce any term shall not be deemed to be a waiver of future enforcement of that or any other term of this Agreement.

Governing Law; Consent to Jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of laws and principles. Subject to Sections 16 and 17, Participant and Company each expressly submits and consents to the jurisdiction of the federal or state courts in Palm Beach County, Florida with respect to any legal proceedings arising out of or relating to this Agreement and each Party waives any objection that it may have based upon lack of personal jurisdiction, improper venue or forum non conveniens.

Waiver of Jury Trial.
EACH PARTY HEREBY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES; THEREFORE, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT OF ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. EACH PARTY REPRESENTS AND CERTIFIES THAT NO REPRESENTATIVE, AGENT, OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF LITIGATION. EACH PARTY UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER. EACH PARTY MAKES THIS WAIVER VOLUNTARILY. EACH PARTY REPRESENTS THAT IT HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 16.

Mandatory Binding Arbitration And Class Action Waiver. Please Read This Section Carefully. It Affects Your Legal Rights, Including Your Right To File A Lawsuit In Court.
Claims relating to this Agreement or the Program will be resolved through final and binding arbitration, except as set forth below. The Parties agree that this Agreement affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
Initial Dispute Resolution: The Parties agree that most disputes can be resolved without resort to litigation. The Parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with each other, and good faith negotiations shall be a condition to either Party initiating a lawsuit or arbitration. Accordingly, before initiating a lawsuit or arbitration, Participant agrees to contact Company to attempt to resolve the dispute in good faith.

Binding Arbitration and Class Action Waiver: If the Parties do not reach an agreed-upon solution within a period of thirty (30) days from the time the informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either Party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to the Agreement (including its formation, performance and breach), the Parties’ relationship with each other and/or Participant’s use of the Website shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions.

Filing a Demand. To start an arbitration, a Party must do the following: (a) Write a Demand for Arbitration (“Demand”) that (i) briefly explains the dispute, (ii) lists Parties’ names and addresses, (iii) specify the amount of money in dispute, if applicable, (iv) identify the requested location for a hearing if an in-person hearing is requested, and (v) state what the Party wants in the dispute; (b) Send one copy of the Demand to the AAA, along with a copy of these Terms and the filing fee required by the AAA; and (c) Send one copy of the Demand for Arbitration to the other Party.

The Parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. All arbitration shall be initiated in Palm Beach County, Florida, United States, and the Parties agree to submit to the personal jurisdiction of any federal or state court in Palm Beach County, Florida, United States, in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in state or federal court located in Palm Beach County,, Florida, United States. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the Parties and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration will be held in Palm Beach County, Florida, United States. If any court or arbitrator determines that this arbitration provision is void or unenforceable for any reason or that the Parties are not bound to arbitrate their claims, then the disputes, claims or controversies deemed not to be subject to arbitration must be litigated in state or federal court located in Palm Beach County, Florida, United States.
Participant has the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of its decision to opt out to support@Injector360.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within the later of 30 days of Participant’s first use of the Website or within 30 days of changes to this section being announced on the Website. Otherwise, Participant shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If Participant opts out of these arbitration provisions, Company also will not be bound by them. Company will provide thirty (30) days’ notice of any changes to this section by posting on the Website. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this paragraph regarding changes to this section 17 is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Services.
Exception: Litigation of Intellectual Property Claims: Notwithstanding the foregoing, disputes, claims, or controversies concerning (1) either party’s patents, copyrights, moral rights, trademarks, and trade secrets or (2) claims of piracy or unauthorized use of the Website (collectively, “IP Claims”) shall not be subject to arbitration.

Force Majeure.
Neither Party shall be liable to the other Party for any delay or failure to perform its obligations hereunder if such delay or failure results from causes beyond its reasonable control. Such causes may include, without limitation, acts of God, fires or other catastrophes, telecommunications failures, equipment failures, power failures, labor disputes, strikes, delays in transportation, pandemics or epidemics (to the extent they impact upon such Party’s ability to perform) riots, war, governmental regulations, non-performance by suppliers and Vendors, or problems experienced by a Party as a result of its own or any third party’s computer software or hardware failures (an “Event of Force Majeure”). Each Party shall give the other Party prompt notice of any Event of Force Majeure that may cause delay or non-performance of its obligations hereunder.

Amendments.
Participant acknowledges that changes to this Agreement may be desired from time to time. In the event Company desires to make changes to this Agreement, it will post a notice on the Website that this Agreement has been revised, together with the revised version of this Agreement, or it may send a notice to all of the Participants to that effect with a copy of the revised version of this Agreement. After such notice has been provided, such revised version of this Agreement shall immediately take effect. Participant shall be deemed to accept and agree to such revised version of this Agreement if Participant makes any further purchases of Products or Services through the Program, without the necessity of the signature of Participant on any amending document. Notwithstanding the foregoing, the notice requirement set forth in Section 17, entitled Mandatory Arbitration and Class Action Waiver, shall prevail as to changes pertaining to such Section. Otherwise, no prior notice is required as to any changes pertaining to the rest of this Agreement. If Participant does not wish to accept any such revised version of this Agreement, Participant may, as its sole remedy, terminate this Agreement and its right to participate in the Program by so notifying Company.

Severability.
If any part of this Agreement is determined to be invalid, illegal or unenforceable by any valid act of Congress or act of any state legislature or by any regulation duly promulgated by the United States or a state acting in accordance with the law, or declared null and void by any court of competent jurisdiction, then such part will be reformed, if possible, to conform to the law and, in any event, the remaining parts of this Agreement shall be fully effective and operative insofar as reasonably possible.

No Conflict of Interest.
Participant acknowledges and agrees that either Company or any one or more of its employees, principals or members may be an employee, investor or owner of any other current or future Participants in the Program and may itself be a Participant in the Program. Participant hereby consents to any and all of such activities and involvements and agrees that none of such shall constitute a conflict of interest of violation of this Agreement.

Vendor Reporting and Information.
Participant acknowledges and agrees that each Vendor who participates in the Program will make periodic reports to Company as to the purchases made by Participant and other Participants from such Vendor as part of the Program. Any purchases by Participant from any Vendor or provider who participates in the Program of the same types of Products and Services offered under the Program shall be included in the purchasing volume report and any rebates, if given, shall be paid thereon to Company regardless of whether they were provided under terms separate and apart from those specified the Program and regardless of whether such arrangement was in violation of Section 2.4. Participant agrees that any purchasing information gathered from Vendors regarding Participant’s participation in the Program may be sold or used by Company, one of its Affiliates or designees to or with third parties for commercial purposes, so long as such information is not specifically attributed to Participant in any reports given to third parties and so long as such information does disclose personal health information. Participant further agrees that during the Term of this Agreement, it will fully participate in any data warehouse project developed by Company or its designee in the future which accumulates and analyzes the expenses and revenues of the Participants. Such data may also be sold or used by Company, one of its Affiliates or designees to or with third parties so long as it does not disclose individual patient information or identify the information specifically provided by Participant. Such information may also be used, in the sole discretion of Company, to create benchmarking reports to be provided to Participants and other third parties that would assist the recipient with the financial management of medical practices.

Marketing Program.
As part of the Products and Services, Company may, but shall not be obligated to do so, provide various marketing and educational services and products to Participant to assist it in the promotion and management of its business. Company reserves the right to add, change and delete from the marketing and educational services and products it offers from time to time. Participant shall have no obligation to purchase any such marketing and educational services or products provided by Company.

Participant Criteria.
Participant must meet the following criteria throughout the Term of this Agreement: (a) Participant or at least one of the principals of Participant must have a medical degree, be licensed to practice medicine in at least one state of the United States and be in good standing with the applicable medical boards or associations of such state. (b) Participant must regularly use or provide the Product and Services. (c) Participant must enjoy an excellent reputation as a healthcare provider among its patients and peers, as well as among its creditors. (c) Participant must demonstrate its credit worthiness to the satisfaction of Company, including, without limitation, any one of more of the following, as requested by Company: (i) showing consistent payment of invoices in accordance with their payment terms to Company and all Vendors; (ii) providing copies of statements of account from Vendors; (ii) providing financial statements; and (iii) granting access to credit checks. (d) Participant’s practice must be compatible with Company’s purchasing and marketing programs, based upon business ethics, marketing philosophies, purchases and quality of services provided, among other appropriate factors.

Other Duties and Responsibilities of Participant.
Participant agrees to the following additional duties and responsibilities: (a) Participant acknowledges and agrees that it is in the best interest of both Company and each of its Participants that Company be given the latitude to establish rules and guidelines from time to time pertaining to the usage and participation by its Participants of the Program and marketing program and other services to be provided by Company under this Agreement. It is agreed by Participant that Participant will abide by such rules and guidelines and Participant agrees to be bound thereby as if they were fully set forth in this Agreement. (b) Participant agrees to promptly pay Company and all Vendors, as applicable, on or before the due date all amounts due for purchases made under the Program by Participant and for any amounts due Company in connection with this Agreement or otherwise. Participant acknowledges and agrees that Company may withhold delivery of any service or payment in the event Participant has a past due balance with Company, in addition to the other remedies set forth in this Agreement and provided by law. Participant further agrees to provide and maintain current credit card information with Company. In the event any amount due Company is outstanding for more than ninety (90) days beyond its due date, Company is hereby authorized to charge such amount on such credit card, plus an additional 4% of such amount as a service charge. (c) Participant agrees to meet all requirements pertaining to the qualification of participation in Company, as contained in Section 24. Such requirements may be changed by Company from time to time. (d) Participant agrees not to take any action which would be hostile or contrary to the best interests of Company. (e) Participant acknowledges and agrees that this Agreement shall apply to all locations identified on the front page of this Agreement or otherwise designated to Company by Participant, as well as to all its Affiliates. Participant represents that it has management and/or ownership control over all locations and Affiliates of Participant to be included under the terms of this Agreement.

Terminology.
When appropriate, any use of the singular in this Agreement shall be deemed to include the plural and vice versa and any use of the neuter gender shall be deemed to include the feminine and masculine. Unless otherwise indicated by surrounding text, all section references in this Agreement, refer to sections within this Agreement. All section titles are for convenient reference only and are not intended to have substantive content regarding the interpretation of this Agreement.

Authority to Enter Agreement.
Participant represents and warrants that it has the requisite authority to enter into this Agreement.

Consent to Agreement.
BY CLICKING THE BOX ON THE SITE WHICH READS IN PART “I agree to the terms of the Participation Agreement, the Terms and Condition for Online Sales, Use SaaS Terms, Website Terms of Use, and the Privacy Policy… the same as if I signed each of them manually”, PARTICIPANT AFFIRMS THAT PARTICIPANT HAS THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AS WELL AS THE ADDITIONAL TERMS (AS DEFINED ABOVE). UPON ACCPETANCE OF PARTICIPANT’S REGISTRATION, COMPANY CONFIRMS THAT IT HAS ENTERED INTO THIS AGREEMENT WITH PARTICIPANT AND HAS ADMITTED PARTICIPANT INTO THE PROGRAM.

Online Purchase Agreement

Injector 360, TERMS AND CONDITIONS FOR ONLINE PURCHASES

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH Injector 360, LLC ("Injector 360") OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS BY APPLICABLE LAW.

Product information on our website may be based on information provided by the third-party providers using their current product information. We do not guarantee the accuracy of product information. As a result, we will not be, and are not, liable for any loss or damage that may occur based on your reliance on the product information or that may result because of the items/products you purchase. You are solely responsible for ensuring that the items/products meet your specific needs. Our system is not designed to identify or prevent you from purchasing products/items that may harm you or your patients. We are not responsible for any product recommendations that may be contained on our website. You are solely responsible for verifying all product recommendations before you rely on them or offer/use them with your patients. Further, you are solely responsible for making sure that the products do not harm you or anyone else.

These terms and conditions (these "Terms") apply to the purchase and sale of products through www.Injector360.com (the "Site" or "Website"). These Terms also apply to the purchase and licensing of digital educational content or services made available through the Site, including instructional materials, courses, and guides. All purchases of digital educational content are for a limited, non-exclusive, non-transferable license for personal, non-commercial use only. You may not copy, share, redistribute, or resell any content without our prior written permission. Goods purchased cannot be resold. You acknowledge that changes to these Terms may be desired to change from time to time. In the event that Injector 360 and its affiliates, subsidiaries and divisions (referred to as "us", "we", or "our" as the context may require) desire to make material changes to these Terms, we will post a notice on the Website that these Terms have been revised, together with the revised version of these Terms, or it may send a notice to all of the Website users to that effect with a copy of the revised version of these Terms. After such notice has been provided, such revised version of these Terms shall immediately take effect. You shall be deemed to accept and agree to such revised version of these Terms if You make any further purchases or usage of products or services through the Website, without the necessity of your signature on any amending document. Notwithstanding the foregoing, the notice requirement set forth in Section 11, entitled Mandatory Arbitration and Class Action Waiver, shall prevail as to changes pertaining to such Section. Otherwise, no prior notice is required as to any changes pertaining to the rest of these Terms. If you do not wish to accept any such revised version of these Terms, you may, as your sole remedy, terminate these Terms and your right to participate in the program provided by the Website.

2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

3. Prices and Payment Terms. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer from time-to-time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept all major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

4. Shipments; Delivery; Title and Risk of Loss. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs incurred in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

5. Returns and Refunds. OUR VENDORS OFFER NO RETURNS ON ANY PRODUCTS ON THIS SITE. If you would like to request a refund, please submit your request to support@Injector360.com and we will submit your request to the vendor. Any decision to issue a refund shall be in the vendor’s sole and absolute discretion. All sales of digital educational content are final and non-refundable once access has been granted, unless otherwise stated.

6. Warranty and Disclaimers. The availability of third-party products through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the third party products offered on our Site. However, the third party products offered on our Site may be covered by the vendor/manufacturer's warranty included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.

Educational Content and Off-Label Use Disclaimer. The educational content provided on the Site, including digital courses, video modules, guides, and related materials, is intended solely for informational and educational purposes and is not a substitute for professional medical advice, diagnosis, or treatment. Some content may describe or demonstrate off-label, experimental, or non-FDA-approved techniques, devices, or pharmaceuticals. We do not make any representations regarding the legality, efficacy, or regulatory compliance of such techniques. It is your sole responsibility to ensure that any procedures, techniques, or products used comply with applicable laws, regulations, and standards of care in your jurisdiction and scope of licensure. By purchasing or accessing any educational materials, you agree that Injector 360 and its affiliates, instructors, and contributors shall have no liability to you or any third party for any injury, claim, loss, liability, or damage arising from your use or attempted use of any information, methods, or techniques obtained through the Site. You expressly acknowledge and agree that Injector 360 is not responsible for any adverse outcomes, including lawsuits, enforcement actions, or injuries, resulting from your use or reliance on our educational content.

With respect to any digital educational content, we disclaim all warranties, express or implied, including but not limited to warranties of accuracy, applicability, fitness for a particular purpose, or non-infringement. The content is provided "as is" and "as available." We do not guarantee any specific results from the use of such content.

ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

7. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

8. Goods Not for Resale or Export. You represent and warrant that all supply products purchased on the Site will be for your "own use" within the meaning of the Nonprofit Institutions Act as interpreted by the U.S. Supreme Court in Abbott Laboratories v. Portland Retail Druggists Association Inc., 425 U.S. 1 (1976), and its successor line of cases. As such, you agree that all such products will be for use in the provision of healthcare services at your locations (includes resale of topical and oral products directly to patients at your locations), but not for resale or distribution to any other third parties. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

9. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, www.Injector360.com/privacy, governs the processing of all personal data collected from you in connection with your purchase of products through the Site.

10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

11. MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Claims relating to these Terms or the Site will be resolved through final and binding arbitration, except as set forth below. The parties agree that the Agreement affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

Initial Dispute Resolution: The parties agree that most disputes can be resolved without resort to litigation. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with each other, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. Accordingly, before initiating a lawsuit or arbitration, you agree to contact Injector 360 to attempt to resolve the dispute in good faith.

Binding Arbitration & Class Action Waiver: If a mutually agreed-upon solution is not reached within a period of thirty (30) days from the time the informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to the Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Website shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions.

Filing a Demand. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration (“Demand”) that (i) briefly explains the dispute, (ii) lists your and Company’s names and addresses, (iii) specify the amount of money in dispute, if applicable, and (iv) state what you want in the dispute; (b) Send one copy of the Demand to the AAA, along with a copy of these Terms and the filing fee required by the AAA; and (c) Send a copy of the Demand for Arbitration to us at both support@Injector360.com and by mail to 10290 Atlantic Ave, #480063, Delray Beach, FL, 33448.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. All arbitration shall be initiated in Palm Beach County, Florida, United States, and the Parties agree to submit to the personal jurisdiction of any federal or state court in Palm Beach County, Florida, United States, in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. These Terms shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of laws and principles. Subject to Sections 16 and 17, Injector 360 and Participant each expressly submits and consents to the jurisdiction of the federal or state courts in Palm Beach County, Florida with respect to any legal proceedings arising out of or relating to these Terms and each Party waives any objection that it may have based upon lack of personal jurisdiction, improper venue or forum non conveniens.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in state or federal court located in Palm Beach County, Florida, United States. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Agreement, including, but not limited to any claim that all or any part of the Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the Parties and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration will be held in Palm Beach County, Florida, United States. If any court or arbitrator determines that this arbitration provision is void or unenforceable for any reason or that the parties are not bound to arbitrate their claims, then the disputes, claims or controversies deemed not to be subject to arbitration must be litigated in state or federal court located in Palm Beach County, Florida, United States.

Exception: Litigation of Intellectual Property Claims: Notwithstanding the foregoing, disputes, claims, or controversies concerning (1) either party’s patents, copyrights, moral rights, trademarks, and trade secrets or (2) claims of piracy or unauthorized use of the Website (collectively, “IP Claims”) shall not be subject to arbitration.

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to support@injector360.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within the later of 30 days of your first use of the Site or within 30 days of changes to this section being announced on the Site. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Injector 360 also will not be bound by them.

Injector 360 will provide thirty (30) days’ notice of any changes to this section by posting on the Site. Amendments will become effective thirty (30) days after they are posted on the Site or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Sites.

This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Site.

12. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

13. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Injector 360.

14. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

15. Notices.

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to support@Injector360.com; and (ii) by personal delivery, overnight courier, or registered or certified mail to Injector 360, LLC at 10290 Atlantic Ave, #480063, Delray Beach, FL, 33448. We may update the email address or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

16. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

17. Entire Agreement; Resolution of Conflicts in Terms. These Terms, together with the Participation Agreement, the User SaaS Terms, the Website Terms of Use and our Privacy Policy, and any other agreements between Injector 360 and you (the terms of all such additional agreements being called collectively, the “Additional Terms”) constitute the sole and entire agreement of the parties with respect to the subject matter of these Terms and the Additional Terms, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. The Additional Terms are intended to supplement, rather than replace the provisions of these Terms. In the event of any inconsistency between any of the provisions of the Additional Terms and these Terms, the terms most favorable to Injector 360, as determined by Injector 360 in its sole discretion, shall govern. Our order confirmation, these Terms, the agreement relating to any product or service you obtain on or through this Site, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

18. Consent to Agreement. BY CLICKING THE BOX ON THE SITE WHICH READS IN PART “I agree to the terms of the Participation Agreement, the Terms and Conditions for Online Sales, User SaaS Terms, Website Terms of Use and the Privacy Policy … the same as if I signed each of them manually”, YOU AFFIRM THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS, AS WELL AS THE ADDTIIONAL TERMS (AS DEFINED ABOVE). UPON ACCPETANCE OF YOUR MEMBERSHIP SUBSCRIPTION, INJECTOR 360 CONFIRMS THAT IT HAS ENTERED INTO THESE TERMS AND THE ADDITIONAL TERMS WITH YOU.

User SaaS Terms

This User SaaS Terms (the "Agreement"), is by and between Injector 360 LLC ("Injector 360") and Injector 360’s End Users, as is defined herein.

WHEREAS, Injector 360 provides access to this Software-as-a-Service offering to its End Users and the End User Data (as defined below) to its Suppliers;

WHEREAS, End User desires to access this Software-as-a-Service offering described herein, and Injector 360 desires to provide End Users access to such offering, subject to the terms and conditions set forth in this Agreement, and the Website Terms of Use, Website Privacy Policy (“Terms”).

NOW, THEREFORE, in consideration of the mutual covenants, Terms, and terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE SERVICES PROVIDED BY Injector 360 ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW.

This Agreement governs your use of this Software-as-a-Service (together, the “Service” or "Services") provided by Injector 360. By accessing or using the Service, you acknowledge and agree that you have read, understand, and agree to be bound by the Terms. If you do not agree to these Terms, then you have no right to access or use the Services.

Injector 360 may, from time to time, modify these Terms. Please check this page periodically for updates. If you do not agree to, or cannot comply with, the modified terms, you must stop using the Service. The updated Terms will take effect upon their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the Mandatory Arbitration and Class Action Waiver section of these Terms. Your continued use of the Services after any such update constitutes your binding acceptance of such changes.

By using this Service you hereby agree and accept the following:

The information, documents, and data entered, uploaded or otherwise added within your account can and shall be used by Injector 360 to facilitate communications and discussions between Us and third party suppliers.

You shall not enter any false or misleading information in your user account or provide false information. Use of any false or misleading information by you may result in Injector 360 terminating your account.

By creating a profile through the Injector 360 Software-as-a-Service offering, you are authorizing Injector 360 to use your profile information in discussions with third party suppliers.

You are responsible for correcting any incorrection information you encounter in the platform as relating to your account.

You authorize Injector 360 to contact you using the contact information you provide, including specifically on your personal mobile device, and that such may include SMS messages, emails, automated calls, and pre-recorded messages. Regarding phone numbers you enter in the Service, you represent and confirm that those are your phone numbers and you have the right to, and agree to, accept SMS messages, automated calls, and pre-recorded messages at that number.

Injector 360 shall not be liable or responsible in any manner for the third party services integrated with or otherwise utilized within the Service, in operating the Service, or providing services to you.

From time to time, Beta versions of Services or a portion thereof may be made available. If and the extent such Beta versions are offered, they will be marked as “Beta” and will be provided without warranty of any kind to End Users and on an AS IS basis. Use of Beta Services are entirely voluntarily. Injector 360 provides Beta versions of Services to assist Injector 360 with testing functionality, determining their utility, and gathering general feedback on certain features of the Services. However, by their nature End User understands that Beta Services are highly likely to contain defects, and that should End User’s elect to work with Beta Services, that they may encounter serious performance problems and/or loss of data. Injector 360 may discontinue Beta Services at any time in our sole discretion. Injector 360 will have no liability for any harm or damage arising out of or in connection with use of a Beta Service.

Definitions.

"Access Credentials" means any user name, identification number, password, license or security key, security token, PIN, or other security code, method, technology, or device used, alone or in combination, to verify an individual's identity and authorization to access and use the Services.

"Action" means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena, or investigation of any nature, civil, criminal, administrative, regulatory, or other, whether at law, in equity, or otherwise.

"Affiliate" of a Person means any other Person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such Person.

"End User Data" means information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly from End User by or through the Service or that incorporates or is derived from the Processing of such information, data, or content by or through the Service. For the avoidance of doubt, End User Data does not include Resultant Data or any other information reflecting the access or use of the Service by or on behalf of any End User.

"End User Systems" means the End User's information technology infrastructure, including computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by End User or through the use of third-party services.

"Documentation" means any manuals, instructions, or other documents or materials that Injector 360 provides or makes available to End User in any form or medium and which describe the functionality, components, features, or requirements of the Services or Injector 360 Materials, including any aspect of the installation, configuration, integration, operation, use, support, or maintenance thereof.

"Harmful Code" means any software, hardware, or other technology, device, or means, including any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (i) computer, software, firmware, hardware, system, or network; or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data Processed thereby; or (b) prevent End User from accessing or using the Services or Injector 360 Systems as intended by this Agreement. Harmful Code does not include any Injector 360 Disabling Device.

"Intellectual Property Rights" means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.

"HIPAA" means the Health Insurance Portability and Accountability Act of 1996, and associated regulations, as may be amended from time to time. The following terms used in this Agreement have the same meaning as those terms under HIPAA: Accounting of Disclosures; Breach; Business Associate; Designated Record Set; HITECH Act; Individual; and Unsecured PHI.

"Injector 360" has the meaning set forth in the preamble.

"Injector 360 Disabling Device" means any software, hardware, or other technology, device, or means (including any back door, time bomb, time out, drop dead device, software routine, or other disabling device) used by Injector 360 or its designee to disable End User's access to or use of the Service automatically with the passage of time or under the positive control of Injector 360 or its designee.

"Injector 360 Materials" means the Service, Specifications, Documentation, and Injector 360 Systems and any and all other information, data, documents, materials, works, and other content, devices, methods, processes, hardware, software, and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans, or reports, that are provided or used by Injector 360 or any Subcontractor in connection with the Service or otherwise comprise or relate to the Service or Injector 360 Systems. For the avoidance of doubt, Injector 360 Materials include Resultant Data and any information, data, or other content derived from Injector 360's monitoring of End User's access to or use of the Services, but do not include End User Data.

"Injector 360 Personnel" means all individuals involved in providing the Service, including but not limited to, employees, agents, or independent contractors of Injector 360 or any Subcontractor.

"Injector 360 Systems" means the information technology infrastructure used by or on behalf of Injector 360 in providing the Service, including all computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by Injector 360 or through the use of third-party services.

"Law" means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, or other requirement of any federal, state, local, or foreign government or political subdivision thereof, or any arbitrator, court, or tribunal of competent jurisdiction.

"Losses" means any and all losses, damages, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance.

"Permitted Use" means any use of the Services by an End User or Supplier for the benefit of End User and or Supplier in the ordinary course of its internal business operations.

"Person" means an individual, corporation, partnership, joint venture, limited liability entity, governmental authority, unincorporated organization, trust, association, or other entity.

"Personal Information" means information that End User provides or for which End User provides access to Injector 360, or information which Injector 360 creates or obtains on behalf of Supplier or End User, in accordance with this Agreement that: (i) directly or indirectly identifies an individual (including, for example, names, signatures, addresses, telephone numbers, email addresses, and other unique identifiers); or (ii) can be used to authenticate an individual (including, without limitation, employee identification numbers, government-issued identification numbers, passwords or PINs, user identification and account access credentials or passwords, financial account numbers, credit report information, biometric, genetic, health, or health insurance data, answers to security questions, and other personal identifiers). End User’s contact information and education, licensure, credential and resume, career or job related information is not by itself Personal Information.

"PHI" means "protected health information" as that term is used under HIPAA. "User PHI" means PHI that Injector 360 receives from or on behalf of End User or creates on behalf of End User.

"Process" means to take any action or perform any operation or set of operations that the Service is capable of taking or performing on any data, information, or other content, including to collect, receive, input, upload, download, record, reproduce, store, organize, compile, combine, log, catalog, cross-reference, manage, maintain, copy, adapt, alter, translate, or make other derivative works or improvements, process, retrieve, output, consult, use, perform, display, disseminate, transmit, submit, post, transfer, disclose, or otherwise provide or make available, or block, erase, or destroy. "Processing" and "Processed" have correlative meanings.

"Representatives" means, with respect to a party, that party's and its Affiliates' employees, officers, directors, consultants, agents, independent contractors, service Injector 360s, sublicensees, subcontractors, and legal advisors.

"Resultant Data" means data and information related to End User's use of the Service that is used by Injector 360 in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Service.

"Security Rule" means the Security Standards in 45 C.F.R. Part 160 and Part 164, subparts A and C.

"Service" means the Software-as-a-Service offering that is owned by Injector 360 and utilized by Injector 360, and by End User, to fulfill obligations established in this User Agreement.

"Specifications" means the specifications for the services being provided by Injector 360 to End User.

"Third-Party Materials" means materials and information, in any form or medium, including any open-source or other software, documents, data, content, specifications, products, equipment, or components of or relating to the Services that are not proprietary to Injector 360.

“User Content” means any content, including text, files, data, works, educational materials, video, audio, or other digital media, uploaded, submitted, or otherwise made available by End User through the Service, excluding End User Data.

Services.
1. Access and Use. Subject to and conditioned on End User compliance with the terms and conditions of this Agreement, Injector 360 hereby grants End User a non-exclusive, non-transferable (except in compliance with Section 14.8) right to access and use the Service, solely for use by End User in accordance with the terms and conditions contained herein. Such use is limited to End User internal use.
2. Documentation License. Injector 360 hereby grants to End User a non-exclusive, non-sublicensable, non-transferable (except in compliance with Section 14.8) license to use the Documentation solely for End User's internal business purposes in connection with its use of the Services.
3. Service and System Control. Except as otherwise expressly provided in this Agreement, as between the parties: (a) Injector 360 has and will retain sole control over the operation, provision, maintenance, and management of the Injector 360 Materials; and (b) End User has and will retain sole control over the operation, maintenance, and management of, and all access to and use of, the End User Systems, and sole responsibility for all access to and use of the Injector 360 Materials by any Person by or through the End User Systems or any other means controlled by End User, including any: (i) information, instructions, or materials provided by any of them via the Service or by the Injector 360; (ii) results obtained from any use of the Services or Injector 360 Materials; and (iii) conclusions, decisions, or actions based on such use.
4. Reservation of Rights. Nothing in this Agreement grants any right, title, or interest in or to (including any license under) any Intellectual Property Rights in or relating to, the Service, Injector 360 Materials, or Third-Party Materials, whether expressly, by implication, estoppel, or otherwise. All right, title, and interest in and to the Service, the Injector 360 Materials, and the Third-Party Materials are and will remain with Injector 360 and the respective rights holders in the Third-Party Materials.
5. Changes. Injector 360 reserves the right, in its sole discretion, to make any changes to the Services and Injector 360 Materials that it deems necessary or useful to: (a) maintain or enhance: (i) the quality or delivery of Injector 360's services to its End Users; (ii) the competitive strength of or market for Injector 360's services; or (iii) the Services' cost efficiency or performance; or (b) to comply with applicable Law.
6. Subcontractors. Unless otherwise specifically agreed to in signed writing, Injector 360 may from time to time in its discretion engage third parties to fulfill its obligations herein (each, a "Subcontractor").
7. Suspension or Termination of Services. Injector 360 may, directly or indirectly, and by use of a Injector 360 Disabling Device or any other lawful means, suspend, terminate, or otherwise deny End User's, or any other Person's access to or use of all or any part of the Services or Injector 360 Materials, without incurring any resulting obligation or liability, if: (a) Injector 360 receives a judicial order, subpoena, or law enforcement request that expressly or by reasonable implication requires Injector 360 to do so; or (b) Injector 360 believes, in its good faith and sole discretion, that: (i) End User has failed to comply with any material term of this Agreement, or accessed or used the Services beyond the scope of the rights granted or for a purpose not authorized under this Agreement or in any manner that does not comply with any material instruction or requirement of the Specifications; (ii) End User, has been, or is likely to be involved in any fraudulent, misleading, or unlawful activities; or (iii) this Agreement expires or is terminated. This Section 2.7 does not limit any of Injector 360's other rights or remedies, whether at law, in equity, or under this Agreement.

Use Restrictions; Service Usage and Data Storage.
1. Use Restrictions. End User shall not, and shall not permit any other Person to, access or use the Services or Injector 360 Materials except as expressly permitted by this Agreement and, in the case of Third-Party Materials, the applicable third-party license agreement. For purposes of clarity and without limiting the generality of the foregoing, End User shall not, except as this Agreement expressly permits: (a) copy, modify, or create derivative works or improvements of the Services or Injector 360 Materials; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Services or Injector 360 Materials to any Person, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service; (c) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Services or Injector 360 Materials, in whole or in part; (d) bypass or breach any security device or protection used by the Services or Injector 360 Materials or access or use the Services or Injector 360 Materials other than by an End User through the use of his or her own then valid Access Credentials; (e) input, upload, transmit, or otherwise provide to or through the Services or Injector 360 Systems, any information or materials that are unlawful or injurious, or contain, transmit, or activate any Harmful Code; (f) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Services, Injector 360 Systems, or Injector 360's provision of services to any third party, in whole or in part; (g) remove, delete, alter, or obscure any trademarks, Specifications, Documentation, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Services or Injector 360 Materials, including any copy thereof; (h) access or use the Services or Injector 360 Materials in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Right or other right of any third party (including by any unauthorized access to, misappropriation, use, alteration, destruction, or disclosure of the data of any other Injector 360 End User), or that violates any applicable Law; (i) access or use the Services or Injector 360 Materials for purposes of competitive analysis of the Services or Injector 360 Materials, the development, provision, or use of a competing software service or product or any other purpose that is to the Injector 360's detriment or commercial disadvantage; (j) access or use the Services or Injector 360 Materials in, or in association with, the design, construction, maintenance, or operation of any hazardous environments, systems, or applications, any safety response systems or other safety-critical applications, or any other use or application in which the use or failure of the Services could lead to personal injury or severe physical or property damage; or (k) otherwise access or use the Services or Injector 360 Materials beyond the scope of the authorization granted under this Section.
2. Injector 360 reserves the right, but does not assume the obligation, to review, screen, remove, or disable access to any User Content, in whole or in part, at its sole discretion, including if such content is determined to be infringing, inappropriate, unlawful, misleading, or otherwise in violation of this Agreement or applicable law. End User acknowledges and agrees that Injector 360 shall not be liable for any removal or disabling of access to such content.

End User Obligations.
1. End User Duties. End User will: (a) not request, direct, or cause Injector 360 to use or disclose PHI unless the use or disclosure is in compliance with applicable law relating to the privacy and security of patient data and is the minimum amount necessary for the legitimate purpose of such use or disclosure; (b) notify Injector 360 of any limitation in its notice of privacy practices in accordance with 45 C.F.R. §164.520, to the extent that such limitation may affect Injector 360's use; (c) notify Injector 360 of any changes in, or revocation of permission by, an Individual to use or disclose User PHI, to the extent that such changes may affect Injector 360's use or disclosure of User PHI; and (d) notify Injector 360 of any restriction on the use or disclosure of User PHI that User has agreed to in accordance with 45 C.F.R. §164.522, to the extent that such restriction may affect Injector 360's use or disclosure of User PHI.
2. End User and End User Systems and Cooperation. End User shall at all times during the Term: (a) set up, maintain, and operate in good repair and in accordance with the Specifications all End User Systems on or through which the Service is accessed or used; and (b) provide all cooperation and assistance as Injector 360 may reasonably request to enable Injector 360 to exercise its rights and perform its obligations under and in connection with this Agreement.
3. Effect of End User Failure or Delay. Injector 360 is not responsible or liable for any delay or failure of performance caused in whole or in part by End User and End User's delay in performing, or failure to perform, any of its obligations under this Agreement (each, a "End User Failure").
4. Corrective Action and Notice. If End User becomes aware of any actual or threatened activity prohibited by Section 3.1, End User shall, immediately: (a) take all reasonable and lawful measures within their respective control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Service and Injector 360 Materials and permanently erasing from their systems and destroying any data to which any of them have gained unauthorized access); and (b) immediately notify Injector 360 of any such actual or threatened activity.

Injector 360 Duties and Security.
1. Injector 360 Duties. Injector 360 will: (a) not use or disclose User PHI except (i) as required or permitted by law; (ii) as permitted under the terms of the Agreement or any permission of User under the Agreement; or (iii) as incidental under HIPAA to another permitted use or disclosure; (b) use reasonable and appropriate safeguards to prevent use or disclosure of User PHI other than as provided in the Agreement; (c) implement administrative, physical, and technical standards in accordance with the Security Rule to protect the confidentiality, integrity, and availability of User PHI in electronic form ("EPHI"); (d) mitigate, to the extent practicable, any harmful effect of a use or disclosure of User PHI by Injector 360 that is known to Injector 360 to violate the requirements of the Agreement; (e) limit its request for User PHI to the minimum amount necessary to accomplish the intended purpose of requests for, and uses and disclosures of, User PHI in accordance with 45 C.F.R. 502(b)(1); (f) report to User as soon as practicable and as required by HIPAA and the HITECH Act any known use or disclosure of User PHI by Injector 360 not as provided by the Agreement and any "Security Incident" with respect to User EPHI as defined in the Security Rule. Additionally, Injector 360 will notify User of any Breach of Unsecured PHI, and such notification shall be made without unreasonable delay following the date of discovery to enable User to comply with the Breach disclosure requirements under the HITECH Act. Injector 360 shall include within such notice identification, to the extent possible, of each Individual whose Unsecured PHI has been, or is reasonably believed by Injector 360 to have been, accessed, used, or disclosed through the Breach and any other valuable information known to Injector 360 that User is required to include in its notice to affected Individuals; (g) require any agent, including a subcontractor, under the Agreement that creates, receives, maintains, or transmits User PHI on behalf of Injector 360 to agree in writing to substantially the same restrictions and conditions with respect to User PHI and User EPHI that apply through this Agreement to Injector 360 with respect to such PHI; (h) at the request of User, provide access to User PHI in a Designated Record Set to User or, as properly directed by User, to an Individual in order to meet the requirements under 45 C.F.R. §164.524; (i) at the request of User, make any amendment to User PHI in a Designated Record Set that User properly directs or agrees to pursuant to 45 C.F.R. §164.526; (j) make its internal practices, books, and records relating to the use and disclosure of User PHI available to the Secretary of Health and Human Services for purposes of the Secretary's determination of compliance with HIPAA requirements; (k) document such disclosures of User PHI and information related to such disclosures as would be required to respond to a request for an Accounting of Disclosures of it in accordance with 45 C.F.R. §164.528; and (l) provide to User information collected in accordance with this Section to respond to an appropriate request for an Accounting of Disclosures of User PHI.
2. Prohibited Data. End User acknowledges that the Services are not designed with security and access management for Processing the following categories of information: (a) data that is classified and or used on the U.S. Munitions list, including software and technical data; (b) articles, services, and related technical data designated as defense articles or defense services; and (c) ITAR (International Traffic in Arms Regulations) related data, (each of the foregoing, "Prohibited Data"). End User shall not, and shall not permit, any other Person to, provide any Prohibited Data to, or Process any Prohibited Data through, the Services, the Injector 360 Systems, or any Injector 360 Personnel. End User is solely responsible for reviewing all End User Data and shall ensure that no End User Data constitutes or contains any Prohibited Data.
3. End User Control and Responsibility. End User has and will retain sole responsibility for: (a) all End User Data, including its content and use; (b) all information, instructions, and materials provided by or on behalf of End User in connection with the Services; (c) End User's information technology infrastructure, including computers, software, databases, electronic systems, and networks, whether operated directly by End User or through the use of third-party services ("End User Systems"); (d) the security and use of End User's and Access Credentials; and (e) all access to and use of the Services and Injector 360 Materials directly or indirectly by or through the End User Systems or Access Credentials, with or without End User's knowledge or consent, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use.
4. Access and Security. End User shall employ all physical, administrative, and technical controls, screening, and security procedures and other safeguards necessary to: (a) securely administer the distribution and use of all Access Credentials and protect against any unauthorized access to or use of the Services; and (b) control the content and use of End User Data, including the uploading or other provision of End User Data for Processing by the Services.

Audit Procedure.
Injector 360 or its nominee (including its accountants and auditors) may, in Injector 360's sole discretion, inspect and audit End User's use of the Services under this Agreement at any time during the Term and for 3 years following the termination or earlier expiration of this Agreement. End User shall make available all such books, records, equipment, information, and personnel, and provide all such cooperation and assistance, as may be requested by or on behalf of Injector 360 with respect to such audit. Injector 360 shall only examine information directly related to End User's use of the Software.

Confidentiality.
1. Confidential Information. In connection with this Agreement each party (as the "Disclosing Party") may disclose or make available Confidential Information to the other party (as the "Receiving Party"). Subject to Section7.2, "Confidential Information" means information in any form or medium (whether oral, written, electronic, or other) that the Disclosing Party considers confidential or proprietary, including information consisting of or relating to the Disclosing Party's technology, trade secrets, know-how, business operations, plans, strategies, End Users, and pricing, and information with respect to which the Disclosing Party has contractual or other confidentiality obligations, in each case whether or not marked, designated, or otherwise identified as "confidential". Without limiting the foregoing: all Injector 360 Materials are the Confidential Information of Injector 360.
2. Exclusions. Confidential Information does not include information that the Receiving Party can demonstrate by written or other documentary records: (a) was rightfully known to the Receiving Party without restriction on use or disclosure prior to such information being disclosed or made available to the Receiving Party in connection with this Agreement; (b) was or becomes generally known by the public other than by the Receiving Party's or any of its Representatives' noncompliance with this Agreement; (c) was or is received by the Receiving Party on a non-confidential basis from a third party that, to the Receiving Party's knowledge, was not or is not, at the time of such receipt, under any obligation to maintain its confidentiality; or (d) the Receiving Party can demonstrate by written or other documentary records was or is independently developed by the Receiving Party without reference to or use of any Confidential Information.
3. Protection of Confidential Information. As a condition to being provided with any disclosure of or access to Confidential Information, the Receiving Party shall: (a) not access or use Confidential Information other than as necessary to exercise its rights or perform its obligations under and in accordance with this Agreement and Injector 360’s agreements with its Suppliers; (b) except as may be permitted by and subject to its compliance with Section 7.4, not disclose or permit access to Confidential Information other than to its Representatives and Suppliers who: (i) need to know such Confidential Information for purposes of the Receiving Party's exercise of its rights or performance of its obligations under and in accordance with this Agreement and Injector 360’s agreements with its Suppliers; (ii) have been informed of the confidential nature of the Confidential Information and the Receiving Party's obligations under this Section 7.3; and (iii) are bound by written confidentiality and restricted use obligations at least as protective of the Confidential Information as the terms set forth in this Section 7; (c) safeguard the Confidential Information from unauthorized use, access, or disclosure using at least the degree of care it uses to protect its similarly sensitive information and in no event less than a reasonable degree of care; (d) promptly notify the Disclosing Party of any unauthorized use or disclosure of Confidential Information and use commercially reasonable efforts to prevent further unauthorized use or disclosure; (e) ensure its Representatives' compliance with, and be responsible and liable for, any of its Representatives' non-compliance with, the terms of this Section 7. For clarity, nothing in this Section 7 prohibits Injector 360 from sharing User Data, even if such is considered Confidential Information, with Suppliers and to perform the Services. Notwithstanding any other provisions of this Agreement, the Receiving Party's obligations under this Section 7 with respect to any Confidential Information that constitutes a trade secret under any applicable Law will continue until such time, if ever, as such Confidential Information ceases to qualify for trade secret protection under one or more such applicable Laws other than as a result of any act or omission of the Receiving Party or any of its Representatives.
4. Compelled Disclosures. If the Receiving Party or any of its Representatives is compelled by applicable Law to disclose any Confidential Information then, to the extent permitted by applicable Law, the Receiving Party shall: (a) promptly, and prior to such disclosure, notify the Disclosing Party in writing of such requirement so that the Disclosing Party can seek a protective order or other remedy or waive its rights under Section 7.3; and (b) provide reasonable assistance to the Disclosing Party in opposing such disclosure or seeking a protective order or other limitations on disclosure. If the Disclosing Party waives compliance or, after providing the notice and assistance required under this Section 7.4, the Receiving Party remains required by Law to disclose any Confidential Information, the Receiving Party shall disclose only that portion of the Confidential Information that, on the advice of the Receiving Party's legal counsel, the Receiving Party is legally required to disclose and, on the Disclosing Party's request, shall use commercially reasonable efforts to obtain assurances from the applicable court or other presiding authority that such Confidential Information will be afforded confidential treatment.

Intellectual Property Rights.
1. Injector 360 Materials. All right, title, and interest in and to the Injector 360 Materials, including all Intellectual Property Rights therein, are and will remain with Injector 360 and, with respect to Third-Party Materials, the applicable third-party shall own all right, title, and interest, including all Intellectual Property Rights, in and to the Third-Party Materials. End User has no right, license, or authorization with respect to any of the Injector 360 Materials except as expressly set forth in Section 2.1 or the applicable third-party license, in each case subject to Section 3.1. All other rights in and to the Injector 360 Materials are expressly reserved by Injector 360. In furtherance of the foregoing, User hereby unconditionally and irrevocably grants to Injector 360 an assignment of all right, title, and interest in and to the Resultant Data, including all Intellectual Property Rights relating thereto.
2. End User Data. As between End User and Injector 360, End User is and will remain the sole and exclusive owner of all right, title, and interest in and to all End User Data, including all Intellectual Property Rights relating thereto, subject to the rights and permissions granted in Section 2.1.
3. Consent to Use End User Data and User PHI. End User acknowledges its understanding that organizations or other third parties suppliers work with Injector 360 and need to view, access, and utilize End User Data and User PHI to properly support the Service (“Suppliers”) and such Suppliers have separately enter into agreements with us (in either case, “Supplier Agreement”) to allow for the same. End User hereby irrevocably grants all such rights and permissions in or relating to End User Data and User PHI as are necessary or useful to Injector 360, its Subcontractors, and the Injector 360 Personnel to enforce this Agreement and exercise Injector 360's, its Subcontractors', and the Injector 360 Personnel's rights and perform Injector 360's, its Subcontractors', and the Injector 360 Personnel's obligations hereunder and in the aforementioned Supplier Agreement . For clarity, Injector 360's use and disclosure of End User Data and User PHI is permitted for the following purposes: (a) to provide the Service to User and Suppliers (including, but not limited to, receipt from and disclosure to Suppliers, and others in order to provide the Service to User and obligations Supplier under Supplier Agreement); (b) for services in the interest of either User or Supplier or both (including, without limitation, the set up of electronic linkages to facilitate the same and to support a process to validate and renew credentials, verify health records, etc.); (c) as expressly permitted in the Agreement; (d) as required by law; (e) to provide data aggregation services; (f) for the proper management and administration of Injector 360, including, without limitation, making and maintaining reasonable business records of transactions in which Injector 360 has participated or Service has been used (including back-up documentation); and (g) to de-identify End User Data and User PHI and otherwise use such as part of Injector 360’s business operations.
  To the extent Injector 360 uses or discloses End User Data or User PHI for the purposes set forth herein or to carry out Injector 360's legal responsibilities, Injector 360 will ensure that (i) such disclosures are required by Applicable Law or (ii) Injector 360 obtains prior written reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by Applicable Law or for the purpose(s) for which it was disclosed to the person, and the person notifies Injector 360 of any instances of which it is aware in which the confidentiality of the information has been breached in accordance with the breach notification requirements herein.

Representations and Warranties.
1. Mutual Representations and Warranties. Each party represents and warrants to the other party that: (a) it has the full right, power, and authority to enter into and perform its obligations and grant the rights, licenses, consents, and authorizations it grants or is required to grant under this Agreement; (b)use of the Services constitutes the legal, valid, and binding obligation of each party, enforceable against such party in accordance with its terms.
2. Additional End User Representations, Warranties, and Covenants.
  (a) User represents, warrants, and covenants to Injector 360 that End User owns or otherwise has and will have the necessary rights and consents in and relating to the End User Data so that, as received by Injector 360 and Processed in accordance with this Agreement, they do not and will not infringe, misappropriate, or otherwise violate any Intellectual Property Rights, or any privacy or other rights of any third party or violate any applicable Law.
  (b) End User also represents, warrants, and covenants to Injector 360 that End User shall verify the accuracy, completeness, and appropriateness of all information entered into or selected in Service, including information from the Third Party Items, before such information is utilized. End User represents and warrants to Injector 360 that (i) all data it provides to Injector 360 or that it selects in Service, including, but not limited to, credentials, licenses, and other practitioner identifiers and qualifiers, are accurate and in conformity with all legal requirements; (ii) its records appropriately support all information that it enters, selects or approves; (iii) it is duly authorized to enter and access such data; (iv) and Injector 360 is duly authorized to receive, use, and disclose, to Suppliers and others, such data subject to the terms of this Agreement. Use of and access to the Service, including, but not limited to, information in the Service and the Service itself, is at the sole risk and responsibility of End User.
  (c) Non-Circumvention; Non-Competition; Use Restrictions.
  (i)End User acknowledges that Injector 360 has expended substantial time, resources, and effort to develop and maintain the Service, including but not limited to the pricing, supplier relationships, purchasing channels, and discount structures made available through the Service (collectively, “Injector 360 Relationships and Information”). Accordingly, End User agrees as follows:
  (A) Non-Circumvention. End User shall not, directly or indirectly, use any Injector 360 Relationships and Information—including but not limited to the identity, pricing, or contact details of any manufacturer, distributor, supplier, or other third party accessible through the Service—for the purpose of purchasing, negotiating for, or otherwise obtaining any products or services outside of the Service, or in any way that has the effect of bypassing or diminishing Injector 360’s role in the transaction. End User shall not solicit, induce, or attempt to solicit or induce any such manufacturer, distributor, or supplier to deal with End User or any third party in substitution for, or in competition with, Injector 360.
  (B) Non-Competition and No Derivative Works. End User shall not, directly or indirectly, (i) reproduce, decompile, reverse engineer, modify, copy, create derivative works from, or otherwise attempt to replicate any aspect of the Service or Injector 360’s Needle’s platform, technology, or business model; (ii) develop, operate, or participate in the development or operation of any service, platform, or business that competes with or is similar in concept or functionality to the Service; or (iii) use the Service or any information obtained through the Service for the benefit of any competitor of Injector 360 or for any purpose other than the permitted use expressly set forth in this Agreement.
  (C) Confidentiality of Pricing and Business Information. All negotiated pricing, supplier lists, discount programs, and other business or operational information made available through the Service are and shall remain the confidential and proprietary information of Injector 360. End User shall not disclose, publish, distribute, share, or otherwise make available any such information to any third party without Injector 360’s prior written consent.
  (D) Equitable Relief. End User acknowledges that any breach of this Section 9.3 would cause immediate and irreparable harm to Injector 360 for which monetary damages would be an inadequate remedy, and therefore agrees that Injector 360 shall be entitled to seek injunctive or other equitable relief, in addition to any other remedies available at law or in equity, without the necessity of posting bond or proving actual damages.
3. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 9, ALL SERVICES AND Injector 360 MATERIALS ARE PROVIDED "AS IS." Injector 360 SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, Injector 360 MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR Injector 360 MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET END USER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED "AS IS" AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN END USER AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS. ADDITIONALLY, ALL SUPPLIER MATERIALS AND SERVICES ARE ENABLED OR PROVIDED "AS IS" AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY SUPPLIER MATERIALS OR SUPPLIER SERVICES IS STRICTLY BETWEEN END USER AND SUPPLIER.

Indemnification.
1. End User Indemnification. End User shall indemnify, defend, and hold harmless Injector 360 and its Subcontractors and Affiliates, and each of its and their respective officers, directors, employees, agents, lawyers, servants, managers, owners, successors, and assigns (each, a "Injector 360 Indemnitee") from and against any and all Losses incurred by such Injector 360 Indemnitee resulting from any Action by a third party (other than an Affiliate of a Injector 360 Indemnitee) to the extent that such Losses arise out of or result from, or are alleged to arise out of or result from: (a) End User Data or User Content, including any Processing, publication, distribution, licensing, or sale thereof by or on behalf of Injector 360 in accordance with this Agreement; (b) any other materials or information (including any documents, data, specifications, software, content, or technology) provided by or on behalf of End User or any End User, including Injector 360's compliance with any specifications or directions provided by or on behalf of End User or any End User to the extent prepared without any contribution by Injector 360; (c) allegation of facts that, if true, would constitute End User's breach of any of its representations, warranties, covenants, or obligations under this Agreement; or (d) negligence or more culpable act or omission (including recklessness or willful misconduct) by End User, or any third party on behalf of End User, in connection with this Agreement.
2. Mitigation. If any of the Services or Injector 360 Materials are, or in Injector 360's opinion are likely to be, claimed to infringe, misappropriate, or otherwise violate any third-party Intellectual Property Right, or if End User's use of the Services or Injector 360 Materials is enjoined or threatened to be enjoined, Injector 360 may, at its option and sole cost and expense: (a) obtain the right for End User to continue to use the Services and Injector 360 Materials materially as contemplated by this Agreement; (b) modify or replace the Services and Injector 360 Materials, in whole or in part, to seek to make the Services and Injector 360 Materials (as so modified or replaced) non-infringing, while providing materially equivalent features and functionality, in which case such modifications or replacements will constitute Services and Injector 360 Materials, as applicable, under this Agreement; or (c) by written notice to End User and End User, terminate this Agreement with respect to all or part of the Services and Injector 360 Materials, and require End User and End User to immediately cease any use of the Services and Injector 360 Materials or any specified part or feature thereof.
3. Sole Remedy. THIS SECTION 10 SETS FORTH END USER'S SOLE REMEDIES AND Injector 360'S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES AND Injector 360 MATERIALS OR ANY SUBJECT MATTER OF THIS AGREEMENT INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

Limitations of Liability.
1. EXCLUSION OF DAMAGES. IN NO EVENT WILL Injector 360 OR ANY OF ITS LICENSORS, SERVICE SUBCONTRACTORS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES; (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) COST OF REPLACEMENT GOODS OR SERVICES; (e) LOSS OF GOODWILL OR REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
2. CAP ON MONETARY LIABILITY. IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF Injector 360 ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNTS PAID TO INJECTOR 360 UNDER THIS AGREEMENT IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
3. No claim against Injector 360 of any kind under any circumstances will be filed more than one year after End User, knows of, or in the exercise of reasonable care could know of, such claim or an act or omission of Injector 360 that would give rise to such claim.

Termination.
1. Termination. In addition to any other express termination right set forth elsewhere in this Agreement: These Terms are effective unless and until terminated by End User or Injector 360. Injector 360 may, in its sole and absolute discretion, deny End User access to all or part of the Services at any time for any or no reason at all, with or without notice to you
  End User. If Injector 360 terminates End User's right to access the Services, these Terms will terminate and all rights End User has to access the Services will immediately terminate; however, certain provisions of these Terms will still apply post termination, including without limitation, the Mandatory Arbitration and Class Action Waiver provisions. Termination of End User's account may also include, at Injector 360’s sole discretion, the deletion of End User's account and/or User Content.
2. Effect of Termination or Expiration. Upon any expiration or termination of this Agreement, except as expressly otherwise provided in this Agreement and except as necessary to fulfill ongoing obligations to Suppliers: (a) Injector 360 will return, destroy, or continue to extend protections to and limit the use and disclosure of End User Data and User PHI, to the extent required by and in accordance with 45 C.F.R. §164.504(e)(2)(ii)(J), provided that the Parties agree that it is not feasible in light of reasonable business requirements, regulatory compliance requirements, and the rights and obligations under the Agreement for Injector 360 to return or destroy its business records and transaction databases, including, but not limited to, records and databases of transactions for which End User has used Service or in which Injector 360 has engaged on behalf of End User or records and databases that reflect the use of Service and information that End User or Injector 360 has entered in Service in the course of the Agreement to enable or perform Service Services; (b) all rights, licenses, consents, and authorizations granted by either party to the other hereunder will immediately terminate; (c) Injector 360 shall immediately cease all use of any End User Data and End User's Confidential Information. Provided that, for clarity, Injector 360's obligations under this Section do not apply to any Resultant Data; (d) End User shall immediately cease all use of any Services or Injector 360 Materials and (i) promptly return to Injector 360, or at Injector 360's written request destroy, all documents and tangible materials containing, reflecting, incorporating, or based on any Injector 360 Materials or Injector 360's Confidential Information; and (ii) permanently erase all Injector 360 Materials and Injector 360's Confidential Information from all systems End User directly or indirectly controls; and (iii) certify to Injector 360 in a signed written instrument that it has complied with the requirements of this Section; (e) notwithstanding anything to the contrary in this Agreement, with respect to information and materials then in its possession or control: (i) the Receiving Party may retain the Disclosing Party's Confidential Information; and (ii) Injector 360 may retain End User Data; (iii) End User may retain Injector 360 Materials, in the case of each of subclause (i) and (ii) and (iii), in its then current state and solely to the extent and for so long as required by applicable Law; (iv) Injector 360 may also retain End User Data in its backups, archives, and disaster recovery systems until such End User Data is deleted in the ordinary course; and (v) all information and materials described in this Section 14.4(e) will remain subject to all confidentiality, security, and other applicable requirements of this Agreement; (f) Injector 360 may disable all End User access to the Injector 360 Materials. For clarity, Injector 360 shall have no obligation to transfer End User Data upon expiration or termination.
3. Surviving Terms. The provisions set forth in the following sections, and any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement, will survive any expiration or termination of this Agreement: Section 3.1, Section 7, Section 9, Section 10, Section 11, Section 12, Section 13, and Section 14.

MANDATORY ARBITRATION AND CLASS ACTION WAIVER.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Application. End User, and Injector 360 agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 13 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at support@Injector360.com and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Injector 360, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in section below) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules. The AAA rules will govern payment of all arbitration fees.

Arbitrator’s Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Filing a Demand. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration (“Demand”) that (i) briefly explains the dispute, (ii) lists your and Injector 360’s names and addresses, (iii) specify the amount of money in dispute, if applicable, (iv) identify the requested location for a hearing if an in-person hearing is requested, and (v) state what you want in the dispute; (b) Send one copy of the Demand to the AAA, along with a copy of these Terms and the filing fee required by the AAA; and (c) Send one copy of the Demand for Arbitration to us at support@Injector360.com.

Acknowledgements. The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. All arbitration shall be initiated in Palm Beach County, Florida, United States, and the Parties agree to submit to the personal jurisdiction of any federal or state court in Palm Beach County, Florida, United States, in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Injector 360 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in small claims court in West Palm Beach, Florida for disputes or claims within the scope of that court’s jurisdiction.

30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to both support@Injector360.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT” and via mail to 10290 Atlantic Ave, #480063, Delray Beach, FL, 33448. The notices must be sent within the later of 30 days of your first use of the Service or within 30 days of changes to this section being announced on the Service. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Injector 360 also will not be bound by them.

Changes to This Section. Injector 360 will provide thirty (30) days’ notice of any changes to this section by posting on the Service. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Services.

Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Services.

Miscellaneous.
1. Further Assurances. On a party's reasonable request, the other party shall, at the requesting party's sole cost and expense, execute and deliver all such documents and instruments, and take all such further actions, as may be necessary to give full effect to this Agreement.
2. Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
3. Public Announcements. Neither party shall issue or release any announcement, statement, press release, or other publicity or marketing materials relating to this Agreement or, unless expressly permitted under this Agreement, otherwise use the other party's trademarks, service marks, trade names, logos, domain names, or other indicia of source, association, or sponsorship, in each case, without the prior written consent of the other party, which consent shall not be unreasonably withheld, provided, however, that Injector 360 may, without End User's consent, include End User's name and other indicia in its lists of Injector 360's current or former End Users of Injector 360 in promotional and marketing materials.
4. Notices. Any notice, request, consent, claim, demand, waiver, or other communications under this Agreement have legal effect only if in writing and addressed to each party as provided in this User Agreement (or to such other address or such other person that such party may designate from time to time in accordance with this Section 14.4). Notices sent in accordance with this Section 14.4 will be deemed effectively given: (a) when received, if delivered by hand, with signed confirmation of receipt; (b) when received, if sent by a nationally recognized overnight courier, signature required; (c) when sent, if by facsimile or email, (in each case, with confirmation of transmission), if sent during the addressee's normal business hours, and on the next business day, if sent after the addressee's normal business hours; and (d) on the fifth (5^th) business day after the date mailed by certified or registered mail, return receipt requested, postage prepaid.
5. Interpretation. For purposes of this Agreement: (a) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; (c) the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to this Agreement as a whole; (d) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (e) words denoting any gender include all genders. Unless the context otherwise requires, references in this Agreement: (x) to sections, exhibits, schedules, attachments, and appendices mean the sections of, and exhibits, schedules, attachments, and appendices attached to, this Agreement; (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. The parties intend this Agreement to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The exhibits, schedules, attachments, and appendices referred to herein are an integral part of this Agreement to the same extent as if they were set forth verbatim herein.
6. Headings. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.
7. Entire Agreement; Resolution of Conflicts in Terms. This Agreement, together with the Participation Agreement, Terms and Conditions for Online Sales, Website Terms of Use, and Privacy Policy, and any other agreements between Injector 360 and End User (the terms of all such additional agreements being called collectively, the “Additional Terms”) constitute the sole and entire agreement of the parties with respect to the subject matter of this Agreement and the Additional Terms, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. The Additional Terms are intended to supplement, rather than replace the provisions of this Agreement. In the event of any inconsistency between any of the provisions of the Additional Terms and of this Agreement, the terms most favorable to Injector 360, as determined by Injector 360 in its sole discretion, shall govern.
8. Assignment. End User shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance under this Agreement, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without Injector 360's prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. For purposes of the preceding sentence, and without limiting its generality, any merger, consolidation, or reorganization involving End User (regardless of whether End User is a surviving or disappearing entity) will be deemed to be a transfer of rights, obligations, or performance under this Agreement for which Injector 360's prior written consent is required. No assignment, delegation, or transfer will relieve End User of any of its obligations or performance under this Agreement. Any purported assignment, delegation, or transfer in violation of this Section 14.8 is void. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective successors and permitted assigns.
9. Force Majeure. (a) No Breach or Default. In no event will either party be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, (except for any obligations to make payments), when and to the extent such failure or delay is caused by any circumstances beyond such party's reasonable control (a "Force Majeure Event"), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, endemics, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of Law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota, or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation. Either party may terminate this Agreement if a Force Majeure Event affecting the other party continues substantially uninterrupted for a period of 60 days or more. (b) Affected Party Obligations. In the event of any failure or delay caused by a Force Majeure Event, the affected party shall give prompt written notice to the other party stating the period of time the occurrence is expected to continue and use commercially reasonable efforts to end the failure or delay and minimize the effects of such Force Majeure Event.
10. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
11. Amendment and Modification; Waiver. End User acknowledges that changes to this Agreement may be desired from time to time. In the event Injector 360 desires to make material changes to this Agreement, it will post a notice on the Website that this Agreement has been revised, together with the revised version of this Agreement, or it may send a notice to all of the End Users to that effect with a copy of the revised version of this Agreement. After such notice has been provided, such revised version of this Agreement shall immediately take effect. End User shall be deemed to accept and agree to such revised version of this Agreement if End User makes any further purchases or usage of products or services through the Service, without the necessity of the signature of End User on any amending document. Notwithstanding the foregoing, the notice requirement set forth in Section 13, entitled Mandatory Arbitration and Class Action Waiver, shall prevail as to changes pertaining to such Section. Otherwise, no prior notice is required as to any changes pertaining to the rest of this Agreement. If End User does not wish to accept any such revised version of this Agreement, End User may, as its sole remedy, terminate this Agreement and its right to participate in the Service.
12. No Waiver. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
13. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
14. Governing Law; Submission to Jurisdiction. This Agreement is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Florida. Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in West Palm Beach County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Service of process, summons, notice, or other document by mail to such party's address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court.
15. Waiver of Jury Trial. Each party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the transactions contemplated hereby.
16. Equitable Relief. End User acknowledges and agrees that a breach or threatened breach by End User of any of its obligations, would cause Injector 360 irreparable harm for which monetary damages would not be an adequate remedy and that, in the event of such breach or threatened breach, Injector 360 will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
17. Attorneys' Fees. In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party against the other party arising out of or related to this Agreement, the prevailing party is entitled to recover its actual attorneys' fees and court costs from the non-prevailing party.
18. Consent to Agreement. BY CLICKING THE BOX ON THE WEBSITE OF THE SERVICE WHICH READS IN PART “I agree to the terms of the Participation Agreement, the Terms and Conditions for Online Sales, User SaaS Terms, Website Terms of Use and the Privacy Policy … the same as if I signed each of them manually”, END USER AFFIRMS THAT END USER HAS THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AS WELL AS THE ADDTIIONAL TERMS (AS DEFINED ABOVE). UPON ACCPETANCE OF END USER AS A MEMBER, INJECTOR 360 CONFIRMS THAT IT HAS ENTERED INTO THIS AGREEMENT WITH END USER AND HAS ADMITTED END USER TO USE THE SERVICE.

Website Terms of Use

Please read these terms and conditions carefully.

Updated 10-19-2025

Injector 360 LLC (“Injector 360,” “we,” or “us”) operates the website currently located at www.injector360.com (the “Website”) to help facilitate the provision of Injector 360’ services to its customers, and makes the Website available to individuals (“Users,” “You,” or “you”) for informational and e-commerce purposes (the “Services”). (The term “site” or “website” as used in these Terms of Use includes all versions these internet pages accessed via any electronic device.) If You use Injector 360 in any manner, You accept these Terms of Service (“Agreement,” “Terms of Service” or “Terms”). If You do not agree with any provision of this Agreement or do not wish to be bound by this Agreement, do not use Injector 360’ Service.

BY CLICKING THE BOX ON THE WEBSITE WHICH READS IN PART “I agree to the terms of the Participation Agreement, the Terms and Conditions for Online Sales, User SaaS Terms, Website Terms of Use and the Privacy Policy … the same as if I signed each of them manually” (THE TERMS AND CONDITIONS OF THE PARTICIPATION AGREEMENT, THE TERMS AND CONDITIONS FOR ONLINE SALES, THE USER SaaS TERMS, THE PRIVACY POLICY, AND ALL OTHER ADDITIONAL TERMS BETWEEN US AND YOU ARE HEREBY INCORPORATED BY REFERENCE AND REFERRED TO AS THE “ADDITIONAL TERMS.”), USER AFFIRMS THAT USER HAS THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS, AS WELL AS THE ADDITIONAL TERMS. UPON ACCPETANCE OF USER’S MEMBER SUBSCRIPTION, INJECTOR 360 CONFIRMS THAT IT HAS ENTERED INTO THESE TERMS OF SERVICE WITH USER AND HAS GRANTED USER ACCESS TO THE WEBSITE AND TO THE SERVICES. YOU ARE AUTHORIZED TO USE THE WEBSITE ONLY IF YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS, THESE TERMS OF SERVICE, AND THE ADDITIONAL TERMS. PLEASE READ THESE TERMS OF SERVICE AND THE ADDTIONAL TERMS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE WEBSITE AND THE INJECTOR 360 SERVICE.

Product information on our website may be based on information provided by the third-party providers using their current product information. We do not guarantee the accuracy of product information. As a result, we will not be, and are not, liable for any loss or damage that may occur based on your reliance on the product information or that may result because of the items/products you purchase. You are solely responsible for ensuring that the items/products meet your specific needs. Our system is not designed to identify or prevent you from purchasing products/items that may harm you or your patients. We are not responsible for any product recommendations that may be contained on our website. You are solely responsible for verifying all product recommendations before you rely on them. You are advised to seek further medical advice from other health care professionals before utilizing any medical or health related products unfamiliar to you or outside your scope of practice. Further, you are solely responsible for making sure that the products do not harm you or your patients. If you think you or your patients may be having a reaction or other medical or health issue outside your scope of practice, promptly contact another health care provider and/or seek emergency medical attention.

1. Modifications to Terms of Service.

User acknowledges that changes to this Agreement may be desired from time to time. In the event Injector 360 desires to make material changes to this Agreement, it will post a notice on the Website that this Agreement has been revised, together with the revised version of this Agreement, or it may send a notice to you and to all of the other users to that effect with a copy of the revised version of this Agreement. After such notice has been provided, such revised version of this Agreement shall immediately take effect. User shall be deemed to accept and agree to such revised version of this Agreement if User makes any further purchases or usage of products or services through the Services without the necessity of the signature of User on any amending document. Notwithstanding the foregoing, the notice requirement set forth in Section 19, entitled Mandatory Arbitration and Class Action Waiver, shall prevail as to changes pertaining to such Section. Otherwise, no prior notice is required as to any changes pertaining to the rest of this Agreement. If User does not wish to accept any such revised version of this Agreement, User may, as its sole remedy, terminate this Agreement and its right to participate in the Services by so notifying Injector 360.

2. Eligibility.

You must be eighteen (18) years old or older to use Injector 360. By using Injector 360, You represent and assume that You have the authority and capacity to enter into this Agreement and to abide by all the terms listed in this Agreement.

3. Access, Alerts, and Downloads.

Injector 360 reserves the right to reject and to terminate your use of the Website at any time, for any reason or for no reason, without notice to You. Injector 360 also reserves the right to provide notices and alerts to Users from time to time about use of the Website and information on feature updates and changes.

4. Intellectual Property Protection.

All the content and information displayed or accessible on or through the Website, including without limitation, text, artwork, graphics, logos, button icons, images, audio clips, video clips, digital downloads, prices, products, product and service descriptions, and data compilations, is the property of Injector 360. Such content is protected by U.S. and international trademark, copyright, and other intellectual property laws. You shall not copy, distribute, alter, display, perform, publish, or create derivative works from such materials, other than as permitted in these Terms of Service. Systematic retrieval of data or other information from the Website to prepare any collection, compilation, database, or directory is strictly prohibited.

The names and logos for Injector 360, and any other Injector 360 graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of Injector 360. Injector 360’ trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any other product or service in any manner that is likely to cause consumer confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Injector 360. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Injector 360 Injector 360 or any Injector 360 affiliates without Injector 360’ express written consent. In addition, You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

EXCEPT AS EXPRESSLY PROVIDED IN THE TERMS OF SERVICE, NEITHER INJECTOR 360 NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS TO USE THE WEBSITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU BY REASON OF YOUR ACCEPTANCE OF THIS TERMS OF SERVICE.

You acknowledge and agree that a breach or threatened breach by you of any of your obligations under this Section would cause Injector 360 irreparable harm for which monetary damages would not be an adequate remedy and that, in the event of such breach or threatened breach, Injector 360 will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.

5. License Grant and Restrictions.

Injector 360 hereby grants You a limited, non-exclusive, non-transferable, and revocable right to access and use the Website to (i) utilize the features, content and tools that Injector 360 makes available to You through the Website or otherwise and (ii) receive information relating to the Services. You shall use the Website, and any Injector 360 content solely for your personal use, and for no other purpose whatsoever without the express written consent of Injector 360. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, broadcast, create derivative works from, transfer, or sell any of the Injector 360 content on the Website, including without limitation any data, text, artwork, graphics, logos, button icons, images, audio clips, digital downloads, product and service descriptions, and data compilations. The license granted in the Terms of Service does not include any resale or commercial use of the Website, and such use is prohibited. You are also prohibited from creating any derivative works from the Website, or downloading or copying of any information for the benefit of another person or entity other than contemplated in these Terms of Service. Injector 360 reserves the right to suspend or deny, in its sole discretion, Your access to the Website, without notice to You.

ANY RIGHTS IN THE WEBSITE NOT EXPRESSLY GRANTED TO YOU IN THESE TERMS OF SERVICE ARE RESERVED TO Injector 360.

6. Privacy Policy.

Injector 360 respects your right to privacy and understands that visitors want to be in control of their personal information. Accordingly, Injector 360 has developed a Privacy Policy located at: (www.Injector360.com/Privacy), that governs your use of the Website, and You should review it carefully. By becoming a User, you understand that we will obtain and share your information, and that your information may be shared with third parties. We will use, store, and disclose your personal information in accordance with our Privacy Policy, and your use of the Website constitutes your consent to the terms set forth in the Privacy Policy. If you disagree with any aspect of the Privacy Policy, then you should cease using the Website.

7. Terms and Termination of Access.

This Agreement is effective starting on the date you use the Website for the first time and continues until terminated in accordance with this Agreement.

You understand and agree that Injector 360, in its sole discretion, may terminate your right to use the Website, direct You to cease using the Website, and discontinue or restrict your access to the Website, all without notice to You and for any reason. You agree that Injector 360 shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Website, or any parts thereof.

While Injector 360 may restrict your use of the Website for any reason or for no reason at all, we will suspend, disable, delete, or otherwise limit or restrict your access if Injector 360 determines that You have violated any provision of this Agreement or that your conduct or content would tend to damage Injector 360’s reputation or goodwill. If Injector 360 deactivates or otherwise restricts your access due to your misconduct, you shall not use the Website under a different name or different email address.

Upon termination of this Agreement, all licenses granted by Injector 360 to You will terminate. In the event of access restriction for any reason, whether on your behalf or ours, content that You submitted may no longer be available. Injector 360 is not responsible for the loss of such content.

8. Limitation of Liability.

You specifically agree that Injector 360 is not liable for any of your conduct while using the Website. Injector 360 is also not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the internet or on the Website, including any injury or damage to your or any other person’s computer related to or resulting from use of the Website.

In no event shall Injector 360 be liable for any damages, including but not limited to any direct, indirect, incidental, special, or consequential damages resulting from your use or the inability to use the Website, any Injector 360 content, any information accessible on the Website, from any messages received through the Website, or resulting from unauthorized access to or alteration of transmissions or data, including but not limited to, damages for loss of profits, use, data, or other intangible property, whether based on contract, tort, strict liability or otherwise, even if Injector 360 has been advised of the possibility of such damages, to the fullest extent permitted by applicable law.

You agree that regardless of any statute or law to the contrary, You will file any claim or cause of action arising out of or related to your use of the Website, or to interpret or enforce the Terms of Service within one (1) year of receiving the Terms of Service or be forever barred.

Injector 360 is not responsible for the conduct of any user. In no event shall Injector 360, its affiliates or its partners be directly or indirectly liable for any losses or damages whatsoever, including but not limited to direct, indirect, general, special, compensatory, consequential, and/or incidental damages, arising out of or relating to the conduct of You or anyone else in connection with Your use of the Website and the Services including, without limitation, death, bodily injury, emotional distress, and/or any other damages.

9. Disclaimers.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE INFORMATION ON THE WEBSITE, AND ANY INJECTOR 360 CONTENT, IS AT YOUR SOLE RISK. THE INJECTOR 360 CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INJECTOR 360 HAS NO OBLIGATION TO SCREEN OR MONITOR ANY CONTENT AND DOES NOT GUARANTEE THAT ANY CONTENT AVAILABLE ON INJECTOR 360 COMPLIES WITH THIS AGREEMENT OR IS SUITABLE FOR ALL USERS.

INJECTOR 360 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

INJECTOR 360 DOES NOT MAKE ANY WARRANTY THAT THE INJECTOR 360 CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE. EXCEPT AS OTHERWISE SEPARATELY EXTENDED TO YOU AT THE TIME YOU RECEIVE ANY INJECTOR 360 CONTENT PROVIDED TO YOU, INJECTOR 360 DOES NOT MAKE ANY WARRANTY CONCERNING THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INJECTOR 360 CONTENT PROVIDED ON OR THROUGH THE WEBSITE, OR CONCERNING THE ACCURACY OR RELIABILITY OF ANY INFORMATION DISPLAYED THEREON. INJECTOR 360 DOES NOT MAKE ANY WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY WEBSITE OR WEBSITE, INCLUDING ANY ADVERTISER’S WEBSITE OR WEBSITE. INJECTOR 360 DOES NOT MAKE ANY WARRANTY REGARDING THE RELATIONSHIPS BETWEEN ANY ADVERTISER ON THE WEBSITE AND OTHER USERS OF THE WEBSITE. INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY OR IMPLIEDLY MADE HEREIN TO THE EXTENT PERMITTED BY APPLICABLE LAW.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which You first used Injector 360, and no warranties shall apply after such period.

10. Your Conduct and Prohibited Activities.

Users are required to be civil and respectful at all times and in all interactions with Injector 360 and with any other User. In addition, You shall not:

Attempt to submit information to the Website with more than one email address;

Harass or stalk any other person;

Harm or exploit minors;

Act in a deceptive manner by, among other things, impersonating any person or entity;

Solicit money from Injector 360 or other Users;

Post any content that is prohibited by Section 13 herein;

Express or imply that any statements you make are endorsed by Us without our specific prior written consent;

Use the Website or our Services in an illegal manner or to commit an illegal act;

Access the Website in a jurisdiction in which it is illegal or unauthorized;

Ask or use other Users to conceal the identity, source, or destination of any illegally gained money or products;

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 Service or its contents;

Collect others’ personal information by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;

Interfere with or disrupt the Website or the servers or networks connected to the Website;

Email 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, computer hardware, or telecommunications equipment;

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website (either directly or indirectly through use of third party software);

“Frame” or “mirror” any part of the Website, without Injector 360’ prior written authorization;

Use meta tags or code or other devices containing any reference to Us or the Website (or any trademark, trade name, service mark, logo or slogan of Injector 360) to direct any person to any other website for any purpose;

Post, distribute, or reproduce in any way any copyrighted material, trademarks, service marks, trade names, logos, slogans, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;

Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so;

Post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.

11. (a) Content Posted by You on Injector 360.

You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available for use on the Website (collectively, “post”) to Injector 360, including but not limited to text messages, chats, videos (including streaming videos), and photographs, whether publicly posted or privately transmitted (collectively, “Content”). You agree that any Content you place or provide access to for use on the Website may be viewed by Injector 360 as applicable for Injector 360’s provision of its Services to You.

You are solely responsible for all activities that you perform. You agree to immediately notify Injector 360 of any disclosure or unauthorized use, or any other breach of security, at support@injector360.com.

You may not post or transmit to Injector 360 or any other User any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity), via the Website. You represent and warrant that (i) all information that You submit is accurate and truthful and that You will promptly update any information provided by You that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on Injector 360 and grant the licenses set forth below.

You understand and agree that Injector 360 may, but is not obligated to, monitor or review any Content you post as part of the Website. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of Injector 360 or the Injector 360 Website.

11. (b) Advertising

Injector 360’s business may be partly funded through advertising. You understand and agree that the Injector 360 website and your use thereof may include advertisements, and that these are, in the sole discretion of Injector 360, necessary to support the website and the services provided by Injector 360. To help make the advertisements relevant and useful to you, Injector 360 may allow advertisements based on the information we collect from you or in relation to your interaction on our site.

11. (c) Automated Queries

Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Injector 360 website) are strictly prohibited, unless you have received express written permission from Injector 360. As a limited exception, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Injector 360 website and provide an index with links to the Injector 360 website, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system ("captcha") which limits access to human users.

11. (d) Links to Third Party Sites

Injector 360’s website and services may include links to third-party products, services, websites, hyperlinks to other websites, and materials provided by third parties. Injector 360 does not endorse, and takes no responsibility for such products, services, websites, and/or materials. Injector 360 makes no representations or warranties regarding the legality or appropriateness of any third-party products, services, websites, hyperlinks or materials. You understand that Injector 360 has no obligation to, and does not, review, evaluate, approve or monitor materials provided by third parties. Your dealings with any third party arising in connection with your use of Injector 360’ website are solely between you and such third party, and Injector 360 takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

11. (e) Medical & Legal Content Disclaimer for Blogs, Forums, and Community Features

The Website may include blogs, comment sections, user forums, or other interactive features where Users can post content, share experiences, or exchange recommendations (collectively, “Community Content”).

You understand and agree that Injector 360 does not screen, verify, or review Community Content for medical or legal accuracy. Some user-generated content may refer to off-label techniques, non-FDA-approved practices, or procedures that are not legally permitted in your jurisdiction. It is your sole responsibility to ensure that your use of any information obtained from Community Content complies with all applicable federal, state, and local laws, and is appropriate within your scope of practice.

You expressly agree that Injector 360 shall not be liable for any claims, injuries, enforcement actions, disciplinary actions, or lawsuits arising out of your use or reliance on any Community Content. By accessing or posting within these community features, you knowingly and voluntarily waive any right to bring a lawsuit, arbitration, or other legal claim against Injector 360, its owners, affiliates, or contributors, for any harm resulting from such use.

If you do not agree to these terms, you must not access or participate in these features.

12. Licenses Granted by You to Us.

By posting Content as part of the Service, you automatically grant to Injector 360, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. In addition, you waive any so-called “moral rights” in your Content. If you suggest to Injector 360 any improvements or new features for Injector 360 or for its Website, Injector 360 shall have the right to implement such suggestions without any compensation to you.

13. Prohibited Content.

Your use of Injector 360, including all Content You post, must comply with all applicable laws and regulations. In addition to the types of Content described in Section 10 above, the following is a partial list of Content which You are prohibited from posting to Injector 360. You shall not post, upload, display or otherwise make available Content that:

Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

Advocates harassment or intimidation of another person;

Requests money from, or is intended to otherwise defraud, Injector 360 or other Users;

Involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);

Promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;

Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;

Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);

Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

Provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;

Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses;

Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;

Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;

Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);

Disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users' ability to use the Website;

Solicits passwords or personal identifying information of other Users for commercial or unlawful purposes;

Disseminates another person's personal information without his or her permission; or

Publicizes or promotes commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising, and pyramid schemes, without our prior written consent.

Injector 360 reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Website and terminating or suspending access by such violators.

14. Your Representations and Warranties.

For each item of Content that you submit, you represent and warrant that: (i) you have the right to submit the Content to Injector 360 and grant the licenses set forth above; (ii) Injector 360 will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the Content complies with this Agreement and all applicable laws.

15. Indemnification.

YOU AGREE TO PERSONALLY INDEMNIFY, DEFEND, AND HOLD Injector 360, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM, OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF OR FAILURE TO COMPLY WITH THIS AGREEMENT (INCLUDING ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN), ANY POSTINGS OR CONTENT YOU PROVIDE TO Injector 360, AND THE VIOLATION OF ANY LAW OR REGULATION BY YOU. Injector 360 RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN CONNECTION THEREWITH.

16. Copyright Policy, Notice and Procedure for Making Claims of Copyright Infringement.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please notify our Copyright Agent at the following address:

Copyright Agent

The Concept Law Group, P.A.

6400 North Andrews Avenue,

Fort Lauderdale, FL 33309

To facilitate the processing of your claim, you will need to provide the Copyright Agent with the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, an email address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Injector 360 reserves the right to terminate or restrict access by repeat infringers.

17. Our Use of Your Information.

You agree that Injector 360 may access, preserve and disclose your information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to:

(i) Comply with legal process;

(ii) Enforce these Terms of Service;

(iii) Respond to claims that any Content violates the rights of third parties;

(iv) Respond to your requests for customer service;

(v) Allow you to use the Service in the future; or

(vi) Protect the rights, property or personal safety of Injector 360 or any other person or entity.

18. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Injector 360, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Injector 360. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

19. MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Claims relating to this Agreement or the Service will be resolved through final and binding arbitration, except as set forth below. The parties agree that the Agreement affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

Binding Arbitration & Class Action Waiver: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time the informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to the Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Website shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions.

Filing a Demand. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration (“Demand”) that (i) briefly explains the dispute, (ii) lists your and Injector 360’ names and addresses, (iii) specify the amount of money in dispute, if applicable, and (iv) state what you want in the dispute; (b) Send one copy of the Demand to the AAA, along with a copy of these Terms and the filing fee required by the AAA; and (c) Send a copy of the Demand for Arbitration to us at support@injector360.com and mail a second copy to 10290 Atlantic Avenue, #480063, Delray Beach, Florida, 33448.

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to support@injector360.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within the later of 30 days of your first use of the Service or within 30 days of changes to this section being announced on the Service. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Injector 360 also will not be bound by them.

Injector 360 will provide thirty (30) days’ notice of any changes to this section by posting on the Service. Amendments will become effective thirty (30) days after they are posted on the Service or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Services.

This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Services.

Exception: Litigation of Intellectual Property Claims: Notwithstanding the foregoing, disputes, claims, or controversies concerning (1) either party’s patents, copyrights, moral rights, trademarks, and trade secrets or (2) claims of piracy or unauthorized use of the Services (collectively, “IP Claims”) shall not be subject to arbitration.

20. Miscellaneous Provisions.

A. Applicable Law

You acknowledge that the Content contained in the Injector 360 Website is controlled in and originates from the United States. Injector 360 does not make any representation that any of the Content is appropriate or available for use in other locations. Any claim relating to the use of the Website and any Content displayed thereon, shall be governed by the internal substantive laws of the State of Florida, without regard to its conflicts of laws rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You expressly consent to the personal and exclusive jurisdiction of the state and federal courts located in, or having jurisdiction over, Palm Beach County, Florida, United States for any such claim. You further agree that in the event Injector 360 prevails in any litigation or arbitration proceeding to interpret or enforce a party’s rights under these Terms of Service, the court or arbitration panel shall have the right and duty, in addition to awarding any relief deemed appropriate in the circumstances, to award Injector 360 its reasonable attorneys’ fees, costs, and litigation expenses incurred in prosecuting or defending such action or proceeding, at trial, at any arbitration proceeding, on appeal, or in any proceeding to enforce any final judgment or arbitration award. Each party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement.

B. Assignment

This Agreement shall bind and inure to the benefit of Injector 360’ successors, assigns and licensees. Injector 360 shall have the right to assign or otherwise transfer its rights or obligations under this Agreement whether by contract, merger, sale of all or substantially all of Injector 360’ assets, or operation of law without your consent, or notice to You. Any attempted assignment by You shall be null and void, and not have any legal force or effect.

C. Waiver

The failure of Injector 360 to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

D. Severability

If any provision of the Terms of Service 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 the Terms of Service remain in full force and effect.

E. Entire Agreement; Resolution of Conflicts in Terms

This Agreement, together with the Additional Terms constitute the sole and entire agreement of the parties with respect to the subject matter of this Agreement and the Additional Terms and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. The Additional Terms are intended to supplement, rather than replace the provisions of this Agreement. In the event of any inconsistency between any of the provisions of the Additional Terms and of this Agreement, the terms most favorable to Injector 360, as determined by Injector 360 in its sole discretion, shall govern.

F. Descriptive Headings

The headings of the several sections of this Agreement are intended for convenience of reference only and are not intended to be a part of or affect the meaning or interpretation of this Agreement.

G. Hosting of the Service; Export Restrictions.

The Website is controlled and operated from facilities in the United States. Injector 360 makes no representations that the Website is appropriate or available for use in other locations. Anyone who accesses or uses the Website from other jurisdictions (or who allow their Authorized Users to do so) do so of their own volition and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. If you are located outside of the United States, you agree that we may transfer, store and process your data in locations other than your country. The export and re-export of content via the website may be controlled by the United States Export Administration Regulations or other applicable export restrictions or embargo. The website may not be used in any country that is subject to an embargo by the United States and you may not use the website in violation of any export restriction or embargo by the United States or any other applicable jurisdiction. In addition, you must ensure that the Website is not made available by you for use by persons or entities blocked or denied by the United States government.

H. Information Providing On The Website

The information provided on the Website may mirror information from publicly available sites or information that was obtained by Injector 360 and/or the Website. If the respective information on the Website belongs to you and you have any complaints about the use of either your intellectual property or personal contact information, please contact support@injector360.com immediately with a copy to 10290 Atlantic Ave, #480063, Delray Beach, FL, 33448.

Privacy Policy

Updated 10-19-2025

Injector 360 LLC (“Injector 360”, “we”, or “us”) operates the website located at www.Injector360.com (“Website”). This document serves as Injector 360’s Privacy Policy (the “Policy”) for the Website as it applies to the Website’s users.

Injector 360 makes the Website available to individuals (“Users” or “you”). All activities engaged in through the Website are subject to this Policy. This Policy explains what information Injector 360 collects about its Users, how Injector 360 uses and/or shares this information, and how such information is maintained. By using the Website, you accept the terms of this Policy.

This Policy applies only with respect to the information collected by Injector 360 through the Website, and not any information collected or obtained through other methods or sources. Please note that Injector 360 may change this Policy at any time (See “Changes to this Policy,” below), and that Injector 360 may in the future use your information for additional purposes not currently included in this Policy.

Collection of Personally Identifiable Information

Injector 360 collects Users’ personally-identifiable information (“PII”) that is volunteered by Users. Examples of PII that may be requested and/or collected include but are not limited to: first and last name, address, zip code, email address, telephone number, facsimile number, and company or business identity. From time to time, Injector 360 may also present opportunities for Users to voluntarily provide additional information about themselves.

Other information

We also use information that is automatically collected, to understand more about our site visitors, to determine how users navigate our site, to improve site performance, to protect the security and integrity of our site and business, to identify and protect our systems from fraudulent activity and access, to provide advertising that may be of interest to our visitors, and to monitor legal compliance.

Use and Sharing of PII and other information we collect

Injector 360 uses PII and other information we collect to provide the User with information about Injector 360’s Services, and to provide Injector 360’s third-party vendors with information about User’s needs. YOUR USE OF THE WEBSITE SERVES AS YOUR ACKNOWLEDGEMENT AND APPROVAL OF THIS PRACTICE. IF YOU WANT TO ENSURE THAT YOUR PII IS NOT AVAILABLE TO THIRD PARTIES, YOU MUST DISCONTINUE YOUR USE OF THE WEBSITE.

Users’ PII and other information we collect may also be used to: deliver and improve our services; manage our business; manage your access and provide you with customer support; perform research and analysis about your use of, or interest in, our or others products, services, or content; communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us or other third parties; develop, display, and track content and advertising tailored to your interests on our Service and other Websites or websites, including providing our advertisements to you when you visit other websites; analyze data about our Website (i.e., analytics); verify your eligibility to utilize our Service; enforce or exercise any rights in our Terms of Service; and perform functions or services as otherwise described to you at the time of collection.

PII and other information collected by us may be added to our databases and used for future marketing purposes, including but not limited to email and direct marketing. We may also share your PII with third-party vendors that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, ad tracking and analytics, member screenings, supporting our Website functionality, and supporting other features offered as part of our services. These vendors may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.

In addition, we may also disclose Users’ PII and other information we collect in order to: (1) comply with applicable laws (including, without limitation, the CAN-SPAM Act); (2) respond to governmental inquiries; (3) comply with valid legal process; (4) protect the rights or property of Injector 360, including without limitation, filing copyright applications with the Library of Congress, Copyright Office, or (5) protect the health and personal safety of any individual.

By submitting your PII through the Website, you agree that your PII may be used in any manner contemplated in this section.

How PII is Protected

We appreciate our Users and take your privacy seriously. Any PII that is stored on our computers is protected from unauthorized access and use via passwords as well as other standard industry-acknowledged means. Our servers which store this information are protected by a firewall. We take additional precautions for PII which is especially sensitive, such as financial information. We will only request or transmit this information over secure Internet connections using precautions such as Secure Sockets Layer (SSL) encryption, security keys and password authentication from any third parties receiving this information.

Though we take the utmost precautions to protect your PII, please be informed that no data transmission over a cellular phone or the Internet, nor any storage of information on servers or other media, is ever 100% completely secure. While we aim to protect your PII to the greatest extent possible, this policy is not intended to be, and should not be construed as, a warranty or guarantee of absolute security of your PII.

As always, you should use common sense whenever you disclose personal information over the Internet or a cellular network, regardless of the applications or website(s) you use. If you suspect that your PII is being used in connection with the Website in a manner contrary to this Privacy Policy, please let us know immediately. To contact us, please send an email to support@injector360.com.

Non-Personally Identifiable Information

Injector 360 may also collect certain non-personally identifiable information, including but not limited to the information more fully described below.

Authentication Tokens. Injector 360 may use authentication tokens on the Website. Authentication tokens are small pieces of information that enable the Website to more easily communicate and interact with the User. For example, Injector 360 may place an authentication token on a User`s mobile device if a User uses that device to register for Injector 360’s Website. The next time that User uses the Website, Injector 360`s server will recognize the authentication token (and the User) and allow the User to perform certain actions immediately without having to log in.

Mobile Device Identifiers. Injector 360 may collect information about the mobile devices from which you access the Website. We may collect and store the unique identifier assigned to your mobile device(s) by the manufacturer, or other identifying information about your device.

Cookies

To provide better service and a more effective website, we sometimes use first-party and third-party “cookies” as part of our interaction with your browser. A cookie is a small text file placed on your computer’s hard drive by our web page server. Cookies are commonly used on websites and do not harm your system. By configuring your preferences or options in your browser, you determine if and how a cookie will be accepted. We use cookies to determine if you have previously visited our websites and the pages you have visited, and for a number of administrative, marketing or remarketing purposes. We use both first-party and third-party cookies for different purposes:

First-party cookies and third-party cookies

Cookies can be first-party or third-party. A first-party cookie is one that you receive directly from us when visiting our Site. A third-party cookie is one that you have received from another party, such as Google or Facebook. We do not control what third parties do on other sites. However, we may work with certain third-party providers such as Google or Facebook to permit their cookies to function through our Site so we can learn more about your web experience on our Site and better personalize our services for you.

Persistent and session cookies

A persistent cookie is a cookie that is stored by the web browser on your device until it expires or you delete it. The expiration of a persistent cookie is determined by the creator of the cookie and can be upon a certain date or after a length of session time has passed. This means that, for the cookie’s entire lifespan, its information will be transmitted to the creator’s server every time the user visits the website that it belongs to or another website configured to check for that cookie (such as an advertisement placed on that website). For this reason, persistent cookies are also called “tracking cookies.”

A session cookie is created temporarily on your device for use by a website during your visit. This type of cookie may store information you enter and track your activity within the website. A session cookie is deleted after you leave the website or when the web browser is closed. A good example of a session cookie is the shopping cart on an e-commerce site. The session cookie stores the items that you add to your cart, so they are not forgotten while you view products on other pages of the website. Using a session cookie, the items will all be in the cart when you go to the checkout page.

Other Data

All photographs, opinions, ideas, suggestions, other feedback, and all other information submitted by You through the Website may be used by us without any restriction and free of charge.

In certain areas of our website, such as when you request more information, should you abandon a form on our website, your information may still be collected and utilized for notices or communications pertaining to the site, products or services. If you choose not to provide personal information, you can still browse some of our website (the areas that do not require registration) anonymously. If you place a call to us, whether by landline or mobile device, we may also capture your phone number and any other information you provide during the call. This information may also be used to communicate with you about the site, products or services via phone, mail, email, social media or third-party applications.

When you visit our site, we may directly and through third-party service providers automatically log certain information about your visit including: the pages you visit while on our site; the IP address of a referring website, if any; the type of browser, device or hardware you are using; your IP address and general geographic information; and the date and time you accessed our site. Through the use of third-party tools, such as Google Analytics (Remarketing, Display Network Impression Reporting, Demographics and Interest Reporting, and other integrated services), we may also collect certain demographic information and information about interests from a portion of the visitors to our site. This information may link to personal data that you voluntarily provide to us which will allow us to serve interest-based ads and content.

Although the information collected through the foregoing methods does not itself contain any PII, Injector 360 may analyze and match such information with other information that you provide (including PII) as well as information that Injector 360 may obtain elsewhere, and Injector 360 may share all or some of such information with other third parties. Injector 360 may also disclose non-PII in order to comply with applicable laws; respond to governmental inquiries; comply with valid legal process; or protect the rights or property of Injector 360 or Users of the Site.

Access to Your Information

If you want to review, correct or change your User information, please submit your request in writing to support@injector360.com.

Third Party Services

Injector 360’s communications to you as well as the Website, may contain links to the websites of other providers of products and services that may be of interest to you. We may also use third-party service providers to serve interest-based advertisements on our behalf on our site(s), social media networks and across the Internet. These advertising service providers may collect non-identifiable information about your visits to our website, and your interactions with our products and services. Such non-identifiable information does not include your name, address, email address or other personal information. The information is collected through the use of cookies and pixel tags (also known as action tags), which is industry-standard technology used by most major websites. Interest-based ads are then displayed based on the information that is collected.

In addition to the information about your visits to our website, our service providers may also use the information about your visits to other websites to target advertisements for programs and services available from us.

When you click the link to one of these other entities, you will leave the Website and be connected to the website or Website of such entity. In such an event, this Policy will not apply to your use of, and activities on, those third-party websites. Injector 360 does not have any control over the information handling practices of these other entities, and you should familiarize yourself with the privacy policies of such other entities before you share any PII with them. We encourage you to read all other legal notices posted by these other entities as well. Injector 360 shall have no responsibility or liability for your visitation to, and the data collection and use policies and practices of, these other entities.

Note Concerning Individuals 18 Years of Age and Younger

The Website and the content available in connection therewith are neither intended for, nor directed to, children under the age of 18. You must be eighteen (18) years old or older to use this Website. By using this Website, You represent and assume that You have the authority and capacity to enter into this Policy and to abide by all the terms listed in this Policy.

You must be at least 18 years old. If Injector 360 learns that a User is under the age of 18, Injector 360 will promptly terminate the User’s access and delete the User’s PII from Injector 360’s records. Injector 360 will not knowingly disclose or distribute such information to third parties.

Security

While Injector 360 takes reasonable precautions to safeguard information transmitted between Injector 360 and Users of the Website, Injector 360 may be unable to prevent unauthorized access to such information by third parties or inadvertent disclosure of such information. Users acknowledge this risk when communicating with Injector 360.

Consent to Processing

By providing PII and other information to Injector 360, Users of the Website fully understand and unambiguously consent to the collection and processing of such information in, and the transfer of such information to, the United States and other countries or territories, in accordance with the terms of this Policy.

Transfer in Certain Circumstances

In its sole discretion, Injector 360 may transfer, sell or assign information collected on or about Users of the Website, including without limitation, PII and other User-provided information, to one or more third parties as a result of the sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of Injector 360.

Opt Out

We honor all requests to be removed from our marketing lists. If you do not want to receive e-mail, telephone messages or direct mail from us, contact us at support@injector360.com and we will remove your name from our in-house list and add you to our marketing suppression list. You will also have an opportunity to add your phone number to our internal “Do Not Call” list during each phone call you receive from us. You will further have the ability to opt-out or manage certain advertising preferences through links provided in marketing and promotional e-mails you may receive. We honor all requests to be removed from our e-mailing lists within ten days, and update our suppression list every ten days. If you prefer to learn about new offers from us through a specific medium — for example, through the mail - simply let us know your preference by sending us an email at support@injector360.com .

We are fully committed to complying with your wishes regarding receiving commercial e-mail messages from us and with the laws regarding unsolicited e-mail. If for any reason you receive a commercial message directly from us or on our behalf more than ten days after making a request to be taken off our mailing list, we would request that you forward a copy of the e-mail to support@injector360.com with a brief explanation of your efforts to unsubscribe and the approximate timeframe you made the request. We will immediately investigate the matter, confirm that you have been removed, and provide a written response to you detailing our efforts. Please note that requests to be removed from our direct mail list will be processed as soon as possible, but given the nature of direct mail, it may be impossible to prevent a mailing that is being processed or underway from reaching you. If you receive multiple mailings from us after your request, please contact us at support@injector360.com .

Notice to California Residents

This Section is for California Residents and supplements the information contained in this Privacy Policy. As used in this Section, “consumers” or “you” applies solely to those people who reside in the State of California. We add this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this Section.

Sale of Data

We do NOT “sell” personal information as defined by the CCPA. We will continue to monitor and review our processing activities and will notify you if this changes and take the appropriate steps to stay in compliance with the CCPA

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 consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers 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, Social Security number, driver’s license number, passport 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, 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, age, 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).	NO
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.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES
G. Geolocation data.	Physical location or movements.	YES
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	YES
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	YES

Personal information does not include:

Publicly available information from government records.

De-identified or aggregated consumer information.

Information excluded from the CCPA’s scope

We obtain the categories of personal information listed above from the following categories of sources:

Directly from you. For example, from documents that you provide to us related to the services for which you engage us.

Indirectly from our customers or their agents. For example, through information we collect from you in the course of providing services to you.

Directly and indirectly from activity on our website. For example, from submissions through our website portal or website usage details collected automatically.

From third-parties that interact with us in connection with the services we perform.

From customers for whom we provide services.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in order to enroll in a course, we will use that information to assist you in enrolling in such course.

To provide you with information, products or services that you request from us.

To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.

To improve our website and present its contents to you.

For testing, scientific research, market research, analysis and product development.

As necessary or appropriate to protect the rights, property or safety of us, our clients or others.

To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

As described to you when collecting your personal information or as otherwise set forth in the CCPA.

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.

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 notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We disclose your personal information for a business purposes to the following categories of third parties:

Service providers.

Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you or to those third parties whose products or offerings we deem, in our sole discretion, to be of interest to you.

Your Rights and Choices

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

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 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

The categories of personal information we collected about you.

The categories of sources for the 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 share 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 consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

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 contract 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, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 ).

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, if you previously provided informed consent.

Enable solely internal uses that are reasonably aligned with consumer 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 the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing us at support@injection360.com .

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

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

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or 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 the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons 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 consumer 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.

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 This Policy

You acknowledge that changes to this Policy may be desired from time to time. In the event Injector 360 desires to make material changes to this Policy, it will post a notice on the Website that this Policy has been revised, together with the revised version of this Policy, or it may send a notice to you and to all of the other Users to that effect with a copy of the revised version of this Policy. After such notice has been provided, such revised version of this Policy shall immediately take effect. User shall be deemed to accept and agree to such revised version of this Policy if User makes any further purchases or usage of products or services through the Website without the necessity of the signature of User on any amended document. Otherwise, no prior notice is required as to any changes pertaining to this Policy. If User does not wish to accept any such revised version of this Policy, User may, as its sole remedy, terminate its right to participate in the services provided by Injector 360 by so notifying Injector 360.

Entire Agreement; Resolution of Conflict in Terms

This Policy, together with the Participation Agreement, Terms and Conditions for Online Sales, User SaaS Terms, Website Terms of Use, and Privacy Policy, and any other agreements between Injector 360 and User (the terms of all such additional agreements being called collectively, the “Additional Terms”) constitute the sole and entire agreement of the parties with respect to the subject matter of this Policy and the Additional Terms, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. The Additional Terms are intended to supplement, rather than replace the provisions of this Policy. In the event of any inconsistency between any of the provisions of the Additional Terms and of this Policy, the terms most favorable to Injector 360, as determined by Injector 360 in its sole discretion, shall govern.

Questions About This Policy

Questions about this privacy policy or Injector 360’s privacy practices should be directed to support@injector360.com.

Consent to Policy

BY CLICKING THE BOX ON THE WEBSITE OF THE SERVICE WHICH READS IN PART “I agree to the terms of the Participation Agreement, the Terms and Conditions for Online Sales, User SaaS Terms, Website Terms of Use and the Privacy Policy … the same as if I signed each of them manually”, USER AFFIRMS THAT USER HAS THE LEGAL CAPACITY TO CONSENT TO THIS POLICY AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AS WELL AS THE ADDTIIONAL TERMS (AS DEFINED ABOVE). UPON ACCPETANCE OF USER’S MEMBER SUBSCRIPTION, Injector 360 CONFIRMS THAT IT HAS ACCEPTED USER’S CONSENT TO THIS POLICY AND HAS GRANTED USER ACCESS TO THE PROGRAMS AVAILABLE THROUGH THE WEBSITE.

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