Terms & Conditions


Please carefully read these Terms of Use and Terms & Conditions of a sale before accessing, using, or placing an order over www.NativeMDInc.com (“website”). These terms contain disclaimers of warranties (see section 14) and limitations of liabilities (see section 15). These terms form an essential basis of our agreement. This Website is owned and operated by NativeMD Corporation, a Massachusetts Corporation.


These Terms of Use and Terms & Conditions of Sale (“Terms”), together with our Privacy Policy and any other posted policy represent the legally binding agreement (the “Agreement”) between you and NativeMD Corporation. This Agreement governs your access to and use of this Website, any order you place through this Website, by telephone or other accepted method of purchase and, as applicable, your use or attempted use of the products and services offered on or available through this Website. Your use of this Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement.


NativeMD Corporation reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference. You can find the most recent version of these Terms at www.NativeMDInc.comNativeMD Corporation will post a notice on its home page that these Terms have changed. Use of the Website after such changes constitutes acceptance of such changes. Please print a copy of these terms for your records.

1. Who Can Use the Website

This Website is intended for adults (age 18 or older). In order to use the Website, you must be 18 years of age or older and have the legal capacity to enter into a binding contract with us. The Website is not intended for children and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old and have the legal capacity to enter into a binding contract with us.

2. Your Use of the Website

Subject to your continued compliance with all Terms, NativeMD Corporation provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicense able, non-transferrable license to use the Website. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that: (i) the content, layout, formatting, and features of, and access privileges for, the Website shall be determined by NativeMD Corporation in its sole discretion; (ii) NativeMD Corporation has the sole right to control and direct the means, manner, and method by which the Website is provided; (iii) NativeMD Corporation may, from time to time, engage independent contractors, consultants or subcontractors to aid NativeMD Corporation in providing the Website or use thereof; and (iv) NativeMD Corporation has the right to provide the Website to others. NativeMD Corporation or its licensors, as applicable, shall, at all times, retain exclusive ownership of the entirety of the Website and its content.

You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else including, but not limited to, NativeMD Corporation, or that restricts or inhibits anyone else’s use or enjoyment of the Website. You may not, without our prior express written consent: copy, reproduce, rent, lease, loan or sell content obtained from the Website; modify, distribute, or re-post any content on the Website for any purpose; or use the content of the Website for any commercial purpose whatsoever. When using the Website, you further agree: to comply with all applicable laws regarding your use of the Website; not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website; not to disrupt or interfere with any other user’s use or enjoyment of the Website or affiliated or linked Website; not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files or software; not to use, frame, or utilize framing techniques to enclose any NativeMD Corporation, trademark, logo, or other proprietary information (including the images found on the Website or on any NativeMD Corporation or social media page that links to the Website, the content of any text, or the layout/design of any page or form contained on a Website page); not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website; not to use Meta tags or any other “hidden text” utilizing NativeMD Corporation, company name, trademark, or product name; not to deep-link to the Website; not to use a false identity or an identity of another person on the Website, allow any person besides yourself to use your account information to access the Website or use or share another party’s information on the Website; not to collect or store personal data about others; not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; not to post any material that is knowingly false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise in violation of any law, these Terms, the site’s Privacy Policy or other posted policies.

You also agree not to post any copyrighted material unless the copyrighted material is Your Content; and to be bound by the company’s submission policies, including that: (i) any product, service, or idea you submit to any NativeMD Corporation via this site or other site will not be held in confidence by NativeMD Corporation and is not proprietary to you; (ii) NativeMD Corporation may use the submission and any aspect thereof for any purpose in NativeMD Corporation sole discretion; and (iii) NativeMD Corporation owes no duties or obligations to you with respect to the submission you made.

3. Privacy

Please review our Privacy Policy to understand our practices regarding personal information provided by you, which is incorporated into these Terms and the Agreement by reference.

4. New Orders, Subscriptions, and our Policy

You acknowledge and agree that by opting in to either our Monthly or Bi-Monthly Subscription program, you are signing up for a Subscription or automatic renewal of your product order. If you decide to purchase a Subscription for any of our products at NativeMD through www.nativemdinc.com, you will receive a shipment via USPS containing a recurring supply of our dietary supplements based on the delivery interval you have selected: 30-days or 60-days.Your Subscription will continue on a recurring basis at the selected delivery interval until you choose to cancel. You may also pause your Subscription at any time. There is no subscription fee associated with your Subscription or long-term contract. You will only be charged for the cost of the product plus shipping and handling, which will be automatically charged to your payment method on file. After your initial Subscription period, your Subscription will automatically renew unless your Subscription is canceled or you pause your account.

You agree that your account will be subject to this automatic renewal feature unless you cancel your Subscription at least 1 business day prior by logging into your account and accessing ‘MY ORDERS’ on your My Account Dashboard page, or you may e-mail Customer Care at info@nativemdinc.com at least1 business day prior to your renewal date to cancel or pause your Subscription. Otherwise, we will send you an email or text message48 hours prior to charging your payment type for each active Subscription. If you choose to cancel your Subscription, your Subscription will immediately terminate and we will not charge your payment type on file. If your Subscription cannot be charged after three attempts or if a prior charge is refunded for any reason, we reserve the right to terminate your Subscription account with NativeMD, thereby terminating this Agreement and all our obligations hereunder.

5. Shipping

NativeMD Corporation will add applicable shipping and handling fees to your order. Unless otherwise stated, NativeMD Corporation will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Although NativeMD Corporation may provide delivery or shipment time frames or dates, such dates are good-faith estimates and are subject to change. You further understand that product or service availability may be limited and particular products or services may not be available for immediate delivery.

If your order will be delayed, NativeMD Corporation will contact you at the e-mail address, phone number (including any cell phone number) and/or street address you provided when placing your order. If NativeMD Corporation is unable to contact you or you would like to cancel your order before it is shipped, NativeMD Corporation will cancel the order and refund the full amount charged. NativeMD Corporation shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by NativeMD Corporation.

The risk of loss and title for such items pass to you upon our delivery to any third-party carrier. NativeMD Corporation reserves the right to reject orders where the stated delivery address is outside the United States.

6. Payment Information

When ordering products or services through the Website, by telephone, or otherwise, you agree to provide only truthful, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or information you are authorized to use and provide to us for purposes of placing an order. NativeMD Corporation reserves the right to cancel any order or to suspend or terminate your account if we have grounds to believe that you have provided false, inaccurate, not current, fraudulent, or incomplete payment information to NativeMD Corporation or for any other reason that we, in our sole discretion, believe appropriate. You agree that your placement of an order on or through this Website is sufficient to satisfy any applicable Statute of Frauds and no further writing is required.

7. Refunds and Returns

Our return policy only applies to products purchased directly from www.NativeMDInc.com to the maximum extent permitted by law, we offer refunds of our product for any reason; if it is faulty or due to manufacturer defects, and is returned opened or unopened within 30 days of receipt of your product(s). All returns must include a fully completed “Return Merchandise Authorization or RMA”. Returns should be sent to:

NativeMD Corporation
Attn: Fulfillment Center/Returns
8 Island Court, Suite 103
South Easton, MA 02375

No refunds or exchanges of any kind will be approved after 30 days from purchase unless notified in writing to info@nativemdinc.com prior. All approved refunds will be provided as credit to your credit card or selected choice of payment used at the time purchase. There is no restocking fee. If your faulty or damaged product received was received through redemption from our Rewards program, a replacement product will be sent to you within 10 days of receiving your request. We do not permit any cash equivalent credits or returns for products received and/or awarded through our rewards program. Customer is responsible for paying all returned shipping charges on non-faulty or undamaged returns.

8. Prices and Taxes

A user may view prices published on the Website in their own country’s currency but all prices shown at the final checkout are shown in U.S. dollars. NativeMD Corporation is entitled to claim from you any appropriate taxes, levies or other charges of whatever nature payable on the supply of products or services in your jurisdiction. Prices, including applicable taxes, are subject to change, and we reserve the right, in our sole discretion, to increase prices or to offer sales and other promotions for certain products and for a limited duration.

9. Product or Service Description and Unavailability

NativeMD Corporation will take reasonable steps in an effort to accurately describe and display the products and services available on the Website. However, when ordering products or services, please note that NativeMD Corporation does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product or service that you receive. NativeMD Corporation reserves the right to revoke any offer to correct errors, inaccuracies, or omissions, including after an order has been submitted, confirmed, or after your credit card has been charged. If your order is canceled because of an error, your credit card will be refunded the full amount of your order. NativeMD Corporation descriptions of, or references to, products or services not owned by NativeMD Corporation are not intended to imply endorsement of that product, or constitute a warranty by NativeMD Corporation unless expressly stated on the Website.

We make every effort to ensure product or service availability, however, availability of products or services and purchase terms are subject to change at any time and without notice. If your order is canceled because of product or service unavailability, your credit card will be refunded the full amount of your order.

10. Electronic Documents and Signatures

All information communicated on the Website is considered an electronic communication. When you communicate with any NativeMD Corporation company through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same legal force and effect as if they were in writing and signed by the party sending the communication.

You further acknowledge and agree that by clicking on a button labeled “PLACE ORDER” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229, 15 U.S.C. § 7001 et seq. or other similar statutes (and any revisions or amendments thereto), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE.

Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

11. Sharing Your Content

Subject to the limitations set forth herein, you may upload any photographs, comments, video clips, reviews and other communications and content to the Website (“Your Content”). By posting or submitting Your Content you grant NativeMD Corporation a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable and transferable right to use, reproduce, modify, adapt, publish, translate, perform, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. NativeMD Corporation is free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products that use such information without any obligation or liability to you.

You represent and warrant that: (a) you own or otherwise control all of the rights to Your Content; (b) Your Content is accurate; (c) use of Your Content does not violate this Agreement or any law or regulation, and will not cause injury to any person or entity; and (d) you will protect, defend, indemnify and hold harmless NativeMD Corporation, and all of its directors, officers, employees, agents, contractors, co-branders, and suppliers, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with or related to Your Content.

We will not be responsible or liable to you or to any third party for the content or accuracy of Your Content. NativeMD Corporation has the right, but not the obligation, to monitor and edit or remove any activity or content, including Your Content, for any reason and without notice. NativeMD Corporation takes no responsibility and assumes no liability for Your Content or for any of Your Content posted by a third party.

12. Our Intellectual Property Rights and the Intellectual Property Rights of Others

You acknowledge that content available through the Website or other pages we operate, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, images, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademark, patent, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of placing an order via the Website, provided that you do not remove, alter or obscure the Intellectual Property Right notice or other notices displayed on or embedded in the content.

This limited license is subject to your strict compliance with these Terms including, but not limited to, Sections 1 (Who Can Use the Website) and 2 (You’re Use of the Website) above. Except as expressly provided in these Terms, nothing contained in these Terms or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of NativeMD Corporation or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

13. Health and Medical Advice Disclaimer

The information (including, without limitation, advice and recommendations) on the website is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment. statements made on our websites have not been evaluated by the United States Food &Drug Administration (FDA) and products available through this website are not intended to diagnose, treat, cure or prevent any disease or medical condition. This site is also not intended as a substitute for professional advice or services from a qualified healthcare provider familiar with your health and unique facts and history. Always seek the advice of your physician or other qualified healthcare provider before taking any supplement. Your use of the website is subject to the additional disclaimers or policies that appear on the website, in these terms and/or the privacy policy.

NativeMDCorporation and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take or do not take based on the information, services, or other material on the website. While we seek to keep the information on the website accurate and current, NativeMDCorporation cannot guarantee, and shall not be responsible for, any damage or loss related to the accuracy or timeliness of any information available on the website.

14. Disclaimers of Warranties

Except where unenforceable or inapplicable, including the Commonwealth of Massachusetts: the website, products and services are provided on an “as is” and “as available” basis. except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, NativeMD Corporation expressly disclaims all warranties of any kind whether express or implied with respect to the website, products and services, including, without limitation, any warranties of merchantability, fitfor a particular purpose and non infringement. NativeMD Corporation does not make any warranty that the website will meet any requirements, or that access to the website will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected.

NativeMD Corporation makes no, and expressly disclaims, all warranties as to the results that may be obtained from the use of the website or as to the accuracy, quality, or reliability of any information obtained through any NativeMD Corporation website, including but not limited to any live chat or static or dynamic content. You understand and agree that any material or data downloaded or otherwise obtained through the use of the website is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.

No advice or information, whether oral or written, obtained by you from NativeMD Corporation or through the website shall create any warranty not expressly made herein.

15. Limitations of Liability

Except where otherwise inapplicable or prohibited by law, including the Commonwealth of Massachusetts, NativeMDCorporation is not liable to you for claims or liabilities of any kind, including, without limitation, for any direct, indirect, incidental, consequential or any other damages arising out of or related to the use of the website, products or services by you or by third parties, regardless of whether NativeMDCorporation has had notice of the possibility of such damages.

This includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other direct, indirect, special, incidental, or consequential damages. this applies regardless of the manner in which damages are allegedly caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability) or otherwise resulting from (1) the use of, or the inability to use, the website; (2) the use of, or the inability to use, products or services purchased on or through the website; or (3) the cost of procurement of substitute services or items.

If, notwithstanding the limitations of liability set forth above, NativeMDCorporation is found liable under any theory, NativeMDCorporation liability and your exclusive remedy will be limited to money damages not to exceed $100. This limitation of liability is unenforceable and inapplicable in certain states, including Massachusetts consumers in those states may have additional rights.

16. Imdentification

To the fullest extent permitted by law, you will protect, defend, indemnify and hold harmless NativeMD Corporation, and all of its directors, officers, employees, agents, contractors, co-branders, and suppliers, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with or related to (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or state law equivalents) relating to the provision of personal information (e.g., telephone number) to NativeMD Corporation that is not owned by you in contravention of this Agreement; or (iv) your breach of this Agreement.

17. Mandatory Binding Arbitration and Class Action Waiver

Please read this arbitration provision carefully to understand your rights. except where prohibited by law, you agree that any claim that you may have in the future must be resolved through final and binding arbitration. You acknowledge and agree that you are waiving the right to a trial by jury. The rights that you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist.

You agree that you may only bring a claim in your individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding. You further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.

a. General

Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, NativeMD Corporation or any involved third party relating to your account, your use of the Website, your relationship with NativeMD Corporation these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use of the products or services, your attempted use of the products or services, and any act or omission by NativeMD Corporation or any third party related to your use or attempted use of the products or services. You, NativeMD Corporation or any involved third party may pursue a Claim. NativeMD Corporation agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against NativeMD Corporation By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to final and binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

b. Exceptions

As an exception to final and binding arbitration, you and NativeMD Corporation both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. NativeMD Corporation will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending only in that court on an individual (non-class) basis. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.

c. Required Pre-Dispute Procedures

You acknowledge and agree that before initiating any Claim against NativeMD Corporation you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of the issue to us, including, but not limited to, information or representations related to the product or service upon which you rely. You may send the written description by U.S. Mail to:

NativeMD Corporation
8 Island Court, Suite 103
South Easton, MA 02375
Attn: Customer Service

Or by e-mail to info@nativemdinc.com. You agree to negotiate with NativeMD Corporation or its designated representative in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after NativeMD Corporation receipt of your written dispute, you agree to the dispute resolution provisions below.

d. Commencing Arbitration

You and NativeMD Corporation agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.

e. Arbitration Location

For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and NativeMD Corporation agree.

f. Organization, Rules and the Arbitrator

You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the American Arbitration Association (“AAA”), which shall govern the parties’ final and binding confidential arbitration.

The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or NativeMD Corporation.

g. Fees

NativeMD Corporation will pay for the initial standard filing fee which may be required under the AAA Rules in order to initiate arbitration. The parties shall share equally in any additional fees, including, but not limited to, any hourly fees, charged by the arbitrator or his/her staff. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. Please note, however, that if NativeMD Corporation is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to NativeMD Corporation.

h. Award

The arbitrator shall follow Massachusetts substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA.

i. Enforceability

This provision survives termination of your account or relationship with NativeMD Corporation bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable in whole or in part (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

j. Miscellaneous

Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1-year limitation period set forth above. This Section 17 is the entire arbitration agreement between you and NativeMD Corporation and shall not be modified except in writing by NativeMD Corporation.

k. Amendments

NativeMD Corporation reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product or service on or through the Website, or use or attempted use of a NativeMD Corporation product or service is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, NativeMD Corporation will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product or service on or through the Website, or use or attempted use of a NativeMD Corporation product or service is affirmation of your consent to such material changes.

You have the right to opt-out of this arbitration provision within 30 days from the date of purchase, use, or attempted use of a product or service purchased on or through this website (whichever comes first) by writing to:

NativeMD Corporation
8 Island Court, Suite 103
South Easton, MA 02375
Attn: Customer Service

For your opt-out to be effective, you must submit a signed written notice identifying any product or service you purchased, used or attempted to use within the 30 days and the date you first purchased, used or attempted to use the product or service. untimely opt-outs will not be valid and you must pursue your claim through arbitration as set forth in this agreement.

l. Exclusive Venue for all Other Controversies

You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in the parties’ Agreement (other than an individual action filed in small claims court with jurisdiction) shall be filed only in a court of competent jurisdiction located in Bristol Country and Massachusetts and each party hereby irrevocably and unconditionally consents and submits to the exclusive personal and subject matter jurisdiction and venue of such courts for any such controversy.

m. NativeMD Corporation Remedies

In order to prevent or limit irreparable injury to NativeMD Corporation in the event of any breach or threatened breach by you of the provisions of the parties’ Agreement, NativeMD Corporation shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting NativeMD Corporation from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.

n. Communicating with NativeMD Corporation

You understand that all telephone calls, live chats and other communications such as personal messaging or social media posts to or from NativeMD Corporation are monitored and recorded and you consent to such monitoring and recording. You verify that any contact information provided to NativeMD Corporation is true, accurate and current. You further verify that you are the account subscriber or that you own or are an authorized user of any telephone numbers, email addresses, etc. that you provide to NativeMD Corporation and that by voluntarily providing your contact information to NativeMD Corporation you agree to be contacted at the telephone numbers or by any other contact method you provide.

You consent to receive e-mails, pre-recorded voice messages or auto-dialed calls (including SMS/text messages) to the phone number(s) provided by you at the time of purchase (including any cell phone numbers) and also by willingly opting or purchasing products at our website by or on behalf of NativeMD Corporation relating to this Agreement, any purchase or transaction with NativeMD Corporation matters related to your account, and promotion regarding NativeMD Corporation products or services.

You agree to receipt of such communications made by or on behalf of NativeMD Corporation, even if your phone number is registered on a state or federal Do Not Call list. You acknowledge that you may incur a charge for these communications on your telephone or internet carrier and that NativeMD Corporation will not be responsible for these charges. Your consent to this communications provision is not required to make any purchase from NativeMD Corporation.

You agree to provide NativeMD Corporation notice within 30 days of any change to your contact information by writing to: NativeMD Corporation, 8 Island Court, Suite 103, South Easton, MA, 02375; Attention: Customer Service or emailing info@nativemdinc.com.

18. Links to Third Party Websites

The Website may provide links to other websites or resources, including advertisers, over which has no control. These links are provided for the user’s convenience and should not be viewed to be an endorsement by NativeMD Corporation of that third party site’s content, products, or services. Your access, view and use of these links are at your own risk. NativeMD Corporation makes no representations or warranties with respect to the content, ownership, or legality of any third party linked websites.

You agree that NativeMD Corporation has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, services, or other materials available through third party websites or resources. When you leave the Website via a link to another website, you are subject to that site’s privacy policy, terms of use and other policies (“Third Party website policies”) applicable to that site and you should review the Third-Party website policies.

19. Term & Termination of Agreement, Use of Our Website

This Agreement will take effect (or shall re-take effect) at the time you click “PLACE ORDER” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, complete a purchase, select a method of payment, enter in payment method information, and/or begin installing, accessing, or using this Website, whichever is earliest. You agree that NativeMD Corporation may, in its sole discretion, and at any time, revise, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason.

You further agree that NativeMD Corporation shall not be liable to you or to any third party for the consequences of such termination, suspension or revision. Your rights under this Agreement will terminate automatically if you fail to comply with this Agreement, subject to the survival of rights of certain provisions identified below. Termination will be effective without notice. Upon termination, you must promptly destroy all copies of any aspect of the Website in your possession. Sections 11 through 21 and 24 through 26 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with NativeMD Corporation.

20. Modifications

NativeMD Corporation may make changes to these Terms, from time to time, in its sole discretion, by updating and posting the revised terms on the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, you should check to see if a new version has been posted.

21. Trademarks

All trademarks and service marks displayed on the Website are the property of NativeMD Corporation or other respective owners. You may not use or display any trademarks or service marks owned by any NativeMD Corporation company without the company’s prior written consent and you may not otherwise use or display any other trademarks or service marks displayed on the Website without the permission of the owner.

22. Copyright Policy

NativeMD Corporation respects the copyright and intellectual property rights of others and may, without notice, remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, NativeMD Corporation may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, NativeMD Corporation will comply with the Digital Millennium Copyright Act.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide NativeMD Corporation copyright agent (info@nativemdinc.com) the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Website; Your address, telephone number, and e-mail address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury (e.g., notarized affidavit), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please direct inquiries regarding any infringement issues by email to info@nativemdinc.com. Please note that NativeMD Corporation assumes no responsibility or liability to take or refrain from taking any action in response to the provisioning of such information.

23. Additional Terms

a. Complete Agreement. The Terms, the Privacy Policy, and any other posted policy constitute the entire Agreement between NativeMD Corporation and you respecting use of the Website and purchase and use of products or services, superseding all prior agreements and/or representations between you and NativeMD Corporation If there is any conflict between these Terms and those in the Privacy Policy, or any other posted policy, these Terms will control, except to the extent that the Privacy Policy imposes additional restrictions and liabilities on your actions.

b. Contractors. The NativeMD Corporation operating this Website or providing products and services through this Website, may assign, transfer, or sub-contract any of its rights or obligations under these Terms to any third party or any NativeMD Corporation company at its discretion.

c. Governing Law. This Agreement shall be exclusively construed and governed by the laws of the State of Massachusetts, without giving effect to principles of conflicts of law.

d. Severability. If a provision of this Agreement is held to be illegal, invalid or unenforceable, then: (i) it must be deemed amended to achieve as nearly as possible the same economic effect as the original provision; and (ii) the legality, validity and enforceability of the remaining provisions of this Agreement must not be affected or impaired.

e. Wavier. No failure or delay on the part of NativeMD Corporation in exercising any right, power or remedy under this Agreement may not operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by NativeMD Corporation.

The contents of this page can change without prior notice. This Policy was last updated on August 22, 2023.


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