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Terms of Service

The nitty-gritty of your experience with Qwark.


LAST MODIFIED 04/01/2021

Qwark Terms of Service

Welcome, and thank you for your interest in Qwark, Inc. (“Us,” “We,” Qwark Health,” or the “Company”) and our website at www.Qwarkhealth.com and various related services (collectively, the “Website”). The Website and its features are provided to you subject to your compliance with all the terms, conditions, and notices contained or referenced herein, (as well as any other written agreement between us and you). In addition, when using particular services or materials on the Website, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service, including the Qwark Health’s Privacy Policy, available at https://qwarkhealth.com/page/privacy_policy (collectively, the “Terms of Services” or “Agreement”).

User’s Acknowledgment and Acceptance of Terms

You are permitted to use the Website only if you: (1) Represent that you are able to form a binding contract in your jurisdiction; (2) Comply with our Terms of Service; (3) Will not copy or distribute any part of any part of the Website in any medium without Company’s prior written authorization except as permitted through the Website’s functionality and under these Terms of Service; (4) Provide accurate and complete information when creating an account; (5) Acknowledge you are solely responsible for the activity that occurs while signed in to or while using the Website; (6) Don’t collect any personally identifiable information, including full names, physical addresses, or e-mail addresses, for commercial purposes; and (7) Acknowledge your sole responsibility for your content submissions, including discussion posts, profile information and links, pictures, and other such content. The Website is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to children (persons under the age of 18) or users who have had their user account temporarily or permanently deactivated. By becoming a user, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement.

Your use of the website constitutes your agreement to be bound by these terms of service. If you do not wish to be bound by the these terms of service, please exit the website now. Your sole remedy for dissatisfaction with the website, or any products, services, content, or other information available on or through the website, is to stop using the website and/or those particular products or services. Your agreement with us regarding compliance with these terms of service becomes effective immediately upon commencement of your use of the website.

In these Terms of Service, we use the terms "you", "your" to mean any person using our Website, and any organization or person using the Website on an organization’s behalf. As used in these Terms of Service, "User(s)" refers to any individual using the Website.

About Qwark Health

Qwark Health is a California licensed pharmacy. We sell retail prescriptions at wholesale prices while offering free 2-5 day shipping as well as next-day home delivery in most counties in California.

Qwark Health

1287 Hammerwood Ave., Suite #B

Sunnyvale, CA 94089

CA Board of Pharmacy License #PHY 57871

NPI: 1932706546

NCPDP: 5673923

Qwark Health is not insurance and does not meet any coverage requirements under any state law. Qwark Health cannot be combined with your Medicare Part D or Medicaid, or any other federal or state funded health/drug coverage programs.

Payments made towards Qwark Health for drugs or products may not count towards your health insurance deductible. It is up to you to verify with your health plan.

Qwark Health is not associated with any Pharmacy Benefit Managers (PBMs) but may use PBMs for insurance-based prescriptions. Our drug inventory is sourced from wholesale distributors.

Qwark Health is a pharmacy and does not provide prescriptions or contracts with or pays prescribers or health providers for any service related to your medication or health.

Buying from Qwarkhealth.com

You must have a valid prescription from a doctor/prescriber in order to buy medications from Qwark Health. If you wish to add items to your cart and checkout, then you must first register for an account with just your name and email address. Account registration is free, allowing you to add items to your cart and checkout. You must be at least 18 years old to shop with Qwark Health. Once you’ve added medications to your cart, you must proceed to checkout, then complete the questionnaire during checkout in order to finalize your order. Information you must provide includes: payment method, your name, email address, home address, date of birth, doctor’s information, your current pharmacy’s information and other health related questions. You can edit the information you provide at any time on the Website, under "Account" and "Profile and Setting".

Account Information and Security

When you register an account, you provide us with personal information, such as a phone number, e-mail address, user ID, and password ("Account Information"). To use the Website, you agree to provide Qwark Health with true, accurate, current, and complete information about yourself, and to update this information updated. Keep your Account Information current and accurate. You agree to not allow others to access your account. You alone are responsible for anything that happens from your failure to maintain security and confidentiality, such as by sharing your Account Information with others, and we will not be liable for any loss or damage resulting from your failure to comply with these obligations. If someone is using your account, notify us immediately. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. Additionally, you acknowledge that internet transmissions are never completely private or secure and you understand that any message or information you send to the Website may be read or intercepted by others, even if it is encrypted.

Payments and Fees

Qwark Health will automatically charge your credit card once you complete the checkout and submit your order.

We may use a third-party payment vendor ("Third-Party Payment Vendor") to process your payment. You warrant and represent that you are the valid owner or an authorized user, of the credit card or other payment card to such Third-Party Payment Vendor, and that all information you provide is accurate.

Your right to use the Website is conditional upon our receipt of payment of all fees owed to Qwark Health, including Product Purchases, etc. If payment cannot be charged to your credit card or if a charge is refunded for any reason, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating this agreement and all our obligations hereunder. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.

Returns and Replacement Orders

By law, Qwark Health cannot accept the returns of any prescription drugs. If you do need to dispose of your prescriptions, please contact your local health agency or for more information please check here.

If there is an error with your prescription purchase caused by Qwark Health, we will gladly replace your order at no additional cost. However, we do have the right to refuse any requests to replace your order as all requests are subject to review.

Content and Intellectual Property

The Website may contain text, images, software (including images or files incorporated in or generated by the software or data accompanying such software), photographs, video, graphics, audio, features, data, designs, images, and other such similar content (collectively " Website Content"). Unless otherwise expressly identified, Website Content is owned by us or by our third-party licensors. The Website Content is protected by United States and international copyright, trademark, and other laws. You may browse the Website and download Website Content solely for your personal use, provided you keep intact all copyright and other proprietary notices. Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Website Content from the Website, including code and software underlying this the Website, nor may you sell, transfer, or otherwise use the Website or the Website Content in commerce or for any public or commercial endeavor without our prior and express written consent. We may in our sole discretion make changes to the Website Content at any time without notice.

Health-Related Content Disclaimer

Information on the Website is not meant to substitute for the advice provided by a licensed healthcare provider or other qualified medical professional. Information available on this Website should not be used for diagnosing or treating a health problem or disease, or prescribing any medication. Qwark Health does not and cannot render any medical, nursing, or professional health care advice or services, and it does not engage in the practice of medicine, nursing, or professional health care in any jurisdiction. Information on the Website should not be used to treat or diagnose a health problem without consulting your physician. You should carefully read all product packaging prior to the consumption or use of any product, and seek the advice of a licensed healthcare provider. If you suspect that you have a medical problem, promptly contact your healthcare provider.

Prescriptions, Transfers and Requests

By signing up for Qwark Health, you give us consent to transfer your prescriptions from your existing pharmacy(s) and/or reach out to your prescriber(s) for new prescriptions.

Qwark Health does not accept mailed in written or hard copy prescriptions. We only accept prescriptions received directly from your prescriber(s) via electronic transmission, fax, or called in from your prescriber’s office.

Qwark Health does not dispense any medications without prescription and only accepts prescriptions from actively licensed prescribers in good standing within the United States. We do not supply any prescriptions to other pharmacies, facilities, organizations, retail establishments, or any other non-individual entity.

By making a purchase and/or registering with Qwark Health, you attest that the medication you are purchasing is prescribed only to you from a valid, licensed prescriber within the United States. In accordance to all state and federal laws and at its sole discretion, Qwark Health reserves to right to refuse service of any customer we determine has intentionally falsified information or is conducting fraudulent activity.

Feedback

We always appreciate feedback and are always on the lookout for ways to improve. For feedback, comments, questions, or concerns, you can contact us at Support@QwarkHealth.com and we will return your e-mail at the soonest opportunity possible.

Guarantee and Warranty; Limitation of Liability

The website and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the website are provided by qwark health on an "As is" and "As available" basis, unless otherwise specified in writing. Qwark health makes no representations or warranties of any kind, express or implied, as to the operation of website, or the products, information, content, materials, or other services included on or otherwise made available to you through the website, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.

To the full extent permissible by law, qwark health disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Qwark health does not warrant that the website, products, information, content, materials, or other services included on or otherwise made available to you through the website or electronic communications sent from qwark health are free of viruses or other harmful components. To the full extent permissible by law, qwark health will not be liable for any damages of any kind arising from the use of the website, or from any products, information, content, materials, or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

In no event will qwark health be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the website or any use of the website, or of any site or resource linked to, referenced, or accessed through the website, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if qwark health is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories. To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of qwark health arising out of or in any way related to the website or products exceed the amount paid for such products or exceed the greater of $100 or the amounts paid by you to qwark health in connection with the services in the preceding twelve (12) month period. The foregoing shall constitute qwark health’s sole liability and obligation, regardless of the form of action, whether based in contract, tort, or any other legal or equitable theory.

To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit and forever discharge qwark health from and against, and covenant not to sue, for all claims you have or may have arising out of or in any way related to these terms of services, the website, and the products. If you are a california resident, you hereby waive your rights under california civil code 1542, which states "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Usage Policy/TCPA Opt-In

You represent and warrant that the owners of the phone numbers/e-mail addresses you provided to Qwark Health. By providing your phone number/e-mail address to Qwark Health, you expressly consent to Qwark Health calling you at this phone number, either in person or through an automated system. You further give permission to be contacted at the email address and/or phone number provided by autodialed calls/text messages and/or pre-recorded messages, by Qwark Health, about healthcare and consumer products/services, regardless my status on any State or Federal Do Not Call list. Messaging and data rates may apply from your mobile carrier. You understand consent is not a condition of purchase.

Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the Website by visiting the following websites:

Federal Trade Commission: http://www.ftc.gov

Federal Communications Commission: http://www.fcc.gov

DoNotCall Registry Info: http://www.donotcall.gov

Indemnification

You agree to indemnify and hold Qwark Health, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Qwark Health by any third party due to or arising out of or in connection to your violation of these Terms of Service, or with your use of the Website.

Dispute Resolution and Arbitration

In the interest of resolving disputes between you and Qwark Health in the most expedient and cost-effective manner, you and Qwark Health agree that every dispute arising in connection with these Terms of Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited (if any) review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. You understand and agree that, by entering into these terms, you and qwark health are each waiving the right to a trial by jury or to participate in a class, collective, or representative action. Despite the provisions of the preceding paragraph, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Arbitrator

Any arbitration between you and Qwark Health will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Qwark Health at [e-mail address].

Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail ("Notice"). Qwark Health’s address for Notice is:

Qwark Health

1287 Hammerwood Ave.

Sunnyvale, CA 94089

The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Qwark Health may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Qwark Health must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Qwark Health will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Qwark Health in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

Fees and Procedure

The parties to the arbitration shall each pay an equal share of the costs and expenses of such arbitration, and each party shall separately pay for its respective counsel fees and expenses; provided, however, that the arbitrator may award attorneys’ fees and costs to the prevailing party, except as prohibited by law. If you commence arbitration in accordance with these Terms of Services, Qwark Health will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Qwark Health for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

The arbitrator may grant injunctions and other relief. The arbitrator shall administer and conduct any arbitration in accordance with the law of the jurisdiction in which the dispute arose, including civil procedure rules, and the arbitrator shall apply the substantive and procedural law of the jurisdiction in which the dispute arose. To the extent that the AAA Rules conflict with local law, local law shall take preference. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. The parties agree that the prevailing party in any arbitration shall be entitled to injunctive relief in any court of competent jurisdiction to enforce the arbitration award.

No Class Action

You and qwark health agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or member of any class, collective, or representative proceeding except that users may bring a proceeding as a private attorney general, if and as allowed by law. Further, unless both you and Qwark Health agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Nothing in this Agreement infringes upon any rights a User may have under the Sarbanes-Oxley Act, including any rights prohibiting compulsory arbitration.

Modifications to this Arbitration Provision

If Qwark Health makes any future change to this arbitration provision, other than a change to Qwark Health’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Qwark Health’s address for Notice, in which case your account with Qwark Health will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

Enforceability

If the "No Class Actions" section is found to be unenforceable or if the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 11 will govern any action arising out of or related to these Terms of Service.

Right to Opt Out of Arbitration

You may submit a statement notifying Qwark Health that you wish to opt out and not be subject to arbitration under this section. Should you desire to opt out, you must notify Qwark Health of your intention to opt out by submitting a written notice, which may be via email to [e-mail address], stating that you are opting out of this section. In order to be effective, your opt out notice must be provided within thirty (30) days of your agreeing to these Terms. Should you timely opt out of this section, you may pursue available legal remedies and will not be required to arbitrate claims.

Choice of Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Santa Clara County, California, USA.

Termination of Service

Qwark Health may terminate your privilege to use or access the Website immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Website and agree not access or make use of, or attempt to use, the Website. Furthermore, you acknowledge that Qwark Health reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Website. You understand that Qwark Health may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Qwark Health.

All provisions of these Terms of Service which by their nature should survive termination shall survive the termination of your access to the Website, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

Advertisements

Qwark Health and its licensees may publicly display advertisements and other information adjacent to or included with your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

Intellectual Property

The entire content and materials contained on the Website, including, but not limited to, audio, video, images, text, user interface, scores, logos, the selection and arrangement of the Website and other intellectual property (the "Content") are owned by or licensed to Qwark Health to the fullest extent under the copyright laws of the United States and other countries. Images of people or places displayed on the Website are either the property of, or used with permission by, Qwark Health. You may not reproduce, republish, transmit, upload, distribute, copy or publicly display any of the Content without our prior written consent. We neither warrant nor represent that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with the Company. We may redesign the Website in our sole discretion at any time.

Restrictions on Use

You may not use the Website or contents set forth therein for any illegal purpose or in any manner inconsistent with the Terms of Service. You agree to use the service solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the service in any manner that could compete with the business of Company. You may not copy, reproduce, recompile, disassemble, decompile, reverse engineer, distribute, modify, publish, display, perform, upload to, create derivative works from, frame transmit, or in any way exploit any part of the service, you may not recirculate, redistribute or publish the analysis and presentation included in the service without Company’s prior written consent.

Modification of Company’s content is a violation of the copyrights and other proprietary rights of Company or its subsidiaries. Additionally, you may not monetize or offer any part of the service for sale or distribute it over any other medium including but not limited to a computer network or hyperlink framing on the internet without the prior written consent of Company. The Website and the information contained therein may not be used to construct a database of any kind. The Website and content contained therein may not be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute.

In the absence of a contrary agreement, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of Company or its subsidiaries suppliers or affiliates in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Company’s consent, and you acknowledge that you have no ownership rights in and to any of such items. You will not use the service or the information contained therein in unsolicited mailings or spam material. You will not use any trademarks, trade names, service marks, copyrights, or logos of Company or its subsidiaries in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the Website.

By using the Website, you agree not to:

- Use the Website for any illegal purpose or in violation of any local, state, national, or international law;

- Use the Website and information contained therein to construct a database of any kind;

- Store the content contained in the Website, in its entirety or in any part, in databases for access or distribution by you or any third party;

- Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

- Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

- Interfere with security-related features of the Website, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Website except to the extent that the activity is expressly permitted by applicable law;

- Interfere with the operation of the Website or any user’s enjoyment of the Website, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Website; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Website, or violating any regulation, policy, or procedure of any such network, equipment, or server;

- Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; or

- Sell or otherwise transfer the access granted under these Terms of Service

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Qwark Health is intended or created by this Agreement. Users are not Qwark Health’s representative or agent, and may not enter into an agreement on Qwark Health’s behalf.

Digital Millennium Copyright Act

We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Website, you may contact our Designated Agent at the following address:

Qwark Health

1287 Hammerwood Ave.

Sunnyvale, CA 94089

Any notice alleging that materials hosted by or distributed through the Website infringe intellectual property rights must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

2. A description of the copyright-protected work or other intellectual property right that you claim has been infringed;

3. A description of the material that you claim is infringing and where it is located on the Service;

4. Your address, telephone number, and email address;

5. A statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and

6. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owners behalf.

Qwark Health will promptly terminate without notice the accounts of users that are determined by Qwark Health to be "Repeat Infringers." A Repeat Infringer is a user who has been notified of infringing activity or has had user content removed from the Website at least twice.

Links to Other Sites and Materials

As part of using the Website, Qwark Health may provide you with links to third party website(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Qwark Health has no control over Third Party Sites and Third Party Applications, Software, or Content or the promotions, materials, information, goods, or services available on these Third Party Sites or Third Party Applications, Software, or Content. Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Qwark Health, and Qwark Health is not responsible for any Third Party Sites accessed through the Website or any Third Party Applications, Software, or Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by Qwark Health. If you decide to leave the Website and access the Third-Party Sites or to use or install any Third Party Applications, Software or, Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from the site.

Privacy

Qwark Health’s current privacy policy is available on the Website and at our website https://qwarkhealth.com/page/privacy_policy (the "Privacy Policy"), which is incorporated by this reference. In accordance with the Privacy Policy, we may collect information about the location of your device each time you use the Website, or when you otherwise consent to the collection of this information.

We strongly recommend that you review the Privacy Policy closely.

Electronic Communications

The communications between you and Company use electronic means, whether you use the Website or send us emails, or whether the Company posts notices on the service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

Notice

Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to Company is required by contract or any law or regulation.

Any such notice must be sent to:

Qwark Health

1287 Hammerwood Ave.,

Sunnyvale, CA 94089

Under California Civil Code Section 1789.3, California users of the Website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

Changes and Amendments to Terms

These Terms of Service are effective as of the "Last Modified" date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Website and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Website after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of the Website with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on the Website. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.

General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

Company may assign or delegate these Terms of Service and/or Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including, but not limited, to a subsidiary or an acquirer of assets. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

You acknowledge that you have read these terms of use, understand the terms of use, and will be bound by these terms and conditions. You further acknowledge that these terms of use together with the privacy policy represent the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.

Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.