Terms and Conditions of Use

RxMart.com User Agreement and Terms and Conditions of Website Use

Welcome to RxMart.com, which is owned and operated by RxMart, (hereafter referred

to as "RxMart"). This User Agreement and Terms and Conditions of Website Use

(collectively, the "Agreement") contains the terms, provisions and conditions upon which

RxMart is willing to provide you access to and use of any RxMart website and all related

pages, information, databases, functionality and materials (collectively, "RxMart.com" or

the "Website"), and governs your use of RxMart.com. If you do not agree to be bound

by this Agreement, you may not access or use RxMart.com. Your use of RxMart.com

constitutes your acceptance of this Agreement, and the accompanying Notice of Privacy

Practices and Internet Privacy and Security Policy in effect at the time. Please scroll

down through this Agreement to review important provisions regarding arbitration,

limitation of liability, waivers and indemnities, and other important provisions. The fees

and other charges assessed by RxMart are based upon your acceptance, and the

enforceability, of the arbitration, liability limitations, waivers and indemnity provisions --

in the absence of which such fees and costs would be increased to compensate for the

potential additional business expenses.

Before you may use RxMart.com, you must register by completing an online form that is

only available to complete after you read and accept all of the terms and provisions of

this Agreement, including those expressly set out below and those incorporated by

reference. All policies incorporated by reference are accessible through links in this

Agreement, which should be accessed and read before you click and accept below

RxMart may make changes to this Agreement, or any policies governing use of the

Website and related services, at any time at its discretion; provided, however, that such

changes will only effect and control your subsequent use of the Website. RxMart

encourages you to review this Agreement each time upon entering the Website for

updates and changes because your future access or use of the Website shall be

deemed acceptance of these changes. You should print a copy of this and future

Agreements for your reference.

You accept that RxMart DBA RxMart.com website and its services, including all

content, software, functions, materials, and information made available on or provided in

connection with the services are provided “as-is” and “as available” without any

warranties from us whatsoever. You accept that you use this Website and its Services at

your own risk. We expressly disclaim, without limitation, any representations or

warranties regarding this Agreement, the services, prescription drugs, or the

transactions under this Agreement, any and all express, statutory, implied warranties of

Merchant-ability, Non-Infringement of Third Party right, or Fitness for a Particular

Purpose. We also disclaim any and all implied warranties arising out of the course of

dealings, performance of Members, or usage of trade as well as any obligation, claim,

right, remedy in tort, or liability even if arising from our negligence.

We do not guarantee whatsoever that this Website’s Services meet your requirements

or that this Website will be in working order by being available, timely, secure,

uninterrupted, or free of error at all times. We reserve the right to modify, discontinue,

suspend, or deny access to the Website or any part of it with or without notice at any

time. You agree that we will not be liable for any reason to you or any third party for the

same or for any of your postings or prescription drugs that do not sell or remain unsold.

We disclaim the above to the fullest extent permissible under applicable law for any

claim, damage, cause of action, tort, or any other right of contribution or claim for

injunctive relief from the operation of this Website or its Services, whether known or

unknown, actual or inchoate, contingent or liquidated.

Release. We are not involved in transactions between Buyers and Sellers or other

dealings. Therefore, in the event of a dispute between the parties, each party agrees to

release RxMart (DBA RxMart.com) administrators, executors, representatives, agents,

attorneys, assigns and all others claiming by or through him or them from claims,

demands, and damages of any kind arising out of or in connection with the dispute.

This Agreement is a contract between you and RxMart and incorporates RxMart’s

Notice of Privacy Policy and Internet Privacy and Security Policy as if fully set forth

herein. If you have questions regarding it, please contact RxMart at EMAIL ADDRESS

1. RxMart Services. The Website is an Internet-based electronic marketplace

connecting buyers and sellers ("Participants") of a variety of pharmaceutical

related products (and services) made available for use and purchase by the

Participants (collectively, "Participant Services"). As owner of the Website,

RxMart manages the functional and technical operations required to maintain

and support the Website (the "RxMart Services"). Although the Website may be

referred to as an online pharmaceutical auction site, RxMart is not an auctioneer

or a clearinghouse and does not sell Participant Services. Because it does not

sell Participant Services, RxMart explicitly and specifically disclaims any

responsibility for the quality, safety, or legality of the products advertised, the truth

or accuracy of the listings, the ability of the Participants to sell or deliver the

Participant Services, or the ability of Participants to pay for them. RxMart cannot

ensure that a Participant will actually complete a transaction. You are responsible

for accurately entering your information into RxMart.com. RxMart will not review

such information as a part of the RxMart Services. Information submitted by you

or generated from transactions through the Website (absent any personably

identifiable information) will be available on the RxMart system to all pharmacies

within the service area and others per this Agreement for development of

statistical data to facilitate efficiency and competition in the field of pharmacy

services. RxMart may provide additional RxMart Services such as Similar

Product Pricing Comparison ("SPPC") services. Any RxMart Services that you

order from RxMart.com for which RxMart charges fees shall be paid for by you

with valid funds at the time you place your order. RxMart may, at its sole

discretion, delete or change some or all of the RxMart Services or Participant

Services now or offered in the future at any time, free and clear of any claim of

vested rights or other entitlement as a Participant of RxMart.com or otherwise.

2. Participant Services. Participant Services are offered and sold by the

Participants. If you have a claim or dispute regarding any Participant Services,

you must deal directly with the affected Participants, not RxMart. Unless

otherwise prohibited by applicable law, you release RxMart from and waive any

and all claims, demands, and causes of action of every kind and nature, known

and unknown, which exist or hereafter arise against RxMart related in any way to

such claim or dispute over Participant Services. Although Participants are

expected to input accurate information on the Website, on occasion pricing,

typographical, or other mistakes may occur. RxMart reserves and shall have the

right to cancel any transactions processed with inaccurate information submitted

by any Participants, and the return of any amounts paid by you to RxMart in the

cancelled transaction shall be your sole remedy.

3. Registration. To use or purchase any RxMart Services or Participant Services,

you must be a Participant of RxMart.com -- which is available to (a) companies

legally organized and authorized to do business in the United States with a

shipping address in the United States under the laws of their state of residence,

are not precluded from registering and undertaking the various obligations under

this Agreement and who have a shipping address in the United States or use an

APO/FPO U.S. military address (each a "Qualified Member"). RxMart does not

allow for the use of P.O. Boxes (or similar address types that are not associated

directly with a place of business) as a form of a valid address. The Qualified

Member certify that they are authorized under all applicable laws to disclose and

provide accurate information to RxMart. The Qualified Member further authorize

RxMart to use the personal information in connection with the Website and the

provision of RxMart and Participant Services subject to the terms of this

Agreement. If you do not qualify to be a Participant, please do not use

RxMart.com.

By becoming a Participant and by accessing any portion of RxMart.com, you

have a limited license to use its contents for your personal, non-commercial use

according to this Agreement unless commercial use has been authorized by

RxMart in a separate written agreement with you. Your license may not be

transferred, sold, or used by any other person or entity without the express prior

written permission of RxMart.

4. Participant Information. You agree to provide information reasonably requested

by RxMart related to registration, the RxMart Services or Participant Services,

and by becoming a Participant, you certify that all information you provide to

RxMart ("Participant Information"), whether through the registration process or

otherwise will be true, accurate, current, and complete. You will indemnify and

hold RxMart harmless from any and all loss, liability, cost, damage and expense it

may incur as a result of any inaccurate Participant Information you provide at any

time, as well as any Participant Information which becomes inaccurate. You

agree to update your Participant Information to reflect any changes that may

occur and you are solely responsible for the accuracy and disclosure to us of

your Participant Information. You agree that RxMart is not liable to you or any

third party for damages or losses related to the accuracy or disclosure to us of

your Participant Information. RxMart respects the privacy of Participant

Information. Please review RxMart's Notice of Privacy Policy and Internet Privacy

and Security Policy for more information regarding RxMart's policies and

procedures for protection, disclosure and use of Participant Information. Subject

to the privacy protections contained in the above referenced policy,

RxMart retains a perpetual, irrevocable, non-exclusive, royalty-free, worldwide

license to use and store (in any media, currently known or unknown) Participant

Information related to this Agreement or provision of RxMart Services.

5. Identity Verification. You will receive or create a password and login when

becoming a Participant. It is your responsibility to maintain the confidentiality of

your password and login. You are responsible for all activities that occur under

your password and login. You agree not to share your password and login with

another person under any circumstances and if you do so, you will be solely

responsible for any loss, damage or expense resulting from unauthorized use of

such information. This requirement is intended to protect you, as well as

RxMart and other RxMart.com users. You agree to immediately notify RxMart of

any loss, theft, or unauthorized use of your password or login or any other breach

of security. Except for your designated legal representative or other person you

have authorized during the registration process, you shall not allow any other

person or entity to use your username or password. You agree not to

impersonate any person or entity, misrepresent any affiliation with another

person, entity or association, use false e-mail or other headers, or otherwise

conceal your identity from RxMart for any purpose. You agree not to attempt to

access, delete, or modify the data or the account of another Participant.

6. Fees.

• There may be a charge, payable directly to RxMart, to become a

Participant of RxMart.com. Participants desiring to use RxMart.com for

commercial purposes must also accept and acknowledge the Commercial

Use Agreement with RxMart and pay charges in accordance with the

terms of that agreement.

• Other Services Fees and Taxes.You are responsible for promptly paying

all fees and charges (the "Fees") associated with your use or purchase of

RxMart Services for which there is a charge at the time of purchase.

Further, you shall be responsible for any applicable federal, state, or local

franchise fees, surcharges, sales and use taxes, and any other taxes

(except those related to RxMart's net income) related to the

RxMart Services (collectively, the "Taxes"). You shall promptly pay all

Taxes at the time of purchase. Fees and Taxes for using the

RxMart Services will be identified in subsequent changes to RxMart.com

and shall be effective immediately when posted. All Fees and Taxes are

payable in U.S. dollars.

• Penalties. Participants will be subject to a penalty of $100,000.00 if they

try to capture information from RxMart.com and use such information for

purposes other than finalize orders. Independent pharmacies, Healthcare

providers and wholesalers that are participants of RxMart shall be subject

to a fine of $250,000.00 if RxMart determines that you routinely access the

website to monitor pricing of pharmaceuticals for the benefit of non-

participating pharmacies.

• Penalties. Participants will be subject to a penalty of $100,000.00 if they

try to capture information from RxMart.com and use such information for

purposes other than filling prescriptions. Independent pharmacies,

Healthcare providers and wholesalers that are participants of RxMart shall

be subject to a fine of $250,000.00 if RxMart determines that you routinely

access the website to monitor pricing of pharmaceuticals for the benefit of

non-participating pharmacies.

7. Restrictions on Use of RxMart Intellectual Property, Website, and RxMart

Services. RxMart or its content providers own all of the content, materials, and

other intellectual property related to RxMart.com and RxMart Services, including

without limit all text, graphics, photographs, music, data, images, audio and video

clips, software, names, button icons, logos, images, designs, titles, words or

phrases, page headers, service names, trademarks, patents, and copyrights

(collectively, "Materials"). You have no rights to the Materials, except as may be

expressly set forth in this Agreement. Any use of the Materials, except as

permitted by this Agreement, is expressly prohibited. The Materials and use of

RxMart.com and RxMart Services are registered and/or protected by U.S. and

international copyright, trademark, and other laws. Your license to use

RxMart.com and RxMart Services includes the limited right to view, bookmark,

download and print, for your noncommercial, personal use and information only,

(unless RxMart has authorized commercial uses in a separate agreement with

you), those pages of RxMart.com that interest you, subject to any other terms

and conditions of use and/or payment in this Agreement or on RxMart.com. Your

continued use of any Materials is terminable by RxMart at any time under the

circumstances described in this Agreement. You agree to retain all copyright and

other proprietary notices contained in RxMart.com or the RxMart Services. You

may not delete or change any copyright or trademark notices, and may not alter

or modify the content in any manner without the express written permission of

RxMart. You further agree that you will not:

• use RxMart.com or the RxMart Services to transmit, copy, reproduce,

republish, upload, post, transmit, e- mail, or distribute in any way material

or content that infringes any copyright, trademark, proprietary, or other

right of any party or that violates this Agreement;

• copy (except as set forth above for noncommercial personal use or a

separate commercial agreement with RxMart), modify, distribute, create

any derivative or compilation work from, or display the Materials or any

other content from RxMart.com or the RxMart Services or redeliver such

content using framing or similar technology;

• use any device designed to provide repeated automated access to

RxMart.com or RxMart Services other than those made generally

available by RxMart;

• include "RxMart," or any other RxMart trademarked materials, the name of

any RxMart personnel, or any variation of these items as a metatag or

hidden textual element, or in any other fashion that may create a false or

misleading impression of affiliation, sponsorship, or endorsement between

RxMart and you, any other party, or any other website, or otherwise use

these items without RxMart's express written permission;

• collect, harvest, or store personal data about other users of RxMart.com or

the RxMart Services;

• upload, e-mail, or otherwise transmit to RxMart or through RxMart.com or

the RxMart Services or any RxMart computer network any of the following:

a sexually-explicit or pornographic image or statement; advertising,

promotional, or other unauthorized communication, including without

limitation, "junk mail," surveys, unsolicited e-mail, "spam," "chain letters,"

"pyramid schemes," or other inappropriate or prohibited materials; and any

material that contains viruses, Trojan horses, worms, time bombs,

cancelbots, easter eggs, or any other computer code, files or programs

that might interrupt, limit or interfere with, damage, surreptitiously intercept

or expropriate or permit unauthorized access to or use of any system, data

or information related to RxMart.com or the RxMart Services or any

computer software, hardware or communications equipment that is

owned, leased or used by RxMart;

• use RxMart.com or the RxMart Services to advertise or perform any

commercial solicitation unless authorized in a separate commercial

agreement with RxMart;

• use RxMart.com or the RxMart Services to post or transmit any

threatening, false, misleading, abusive, harassing, libelous, defamatory,

vulgar, obscene, scandalous, inflammatory, pornographic, or profane

material or any material that could constitute or encourage conduct that

would be considered a criminal offense, give rise to civil liability, or

otherwise violate any applicable local, state, national, or international law;

• use any robot, spider, scraper, or any other automated means to access

RxMart.com or the RxMart Services for any purpose without RxMart's

express written permission;

• forge any TCP/IP packet header or any part of the header information in

any e-mail or posting;

• take any action that imposes, or may impose, in RxMart's sole discretion,

an unreasonable or disproportionately large load on the

RxMart infrastructure;

• interfere or attempt to interfere with the proper working of RxMart.com,

RxMart Services, or any activities conducted on RxMart.com; or

• bypass measures used by RxMart to prevent or restrict access to

RxMart.com or the Services, violate or attempt to violate the security or

authentication measures of the RxMart system, or attempt to probe, scan

or test the vulnerability of a system or network without proper written

authorization from RxMart.

8. RxMart reserves the right to disclose the identity of anyone posting or

transmitting any information or materials violating the above prohibitions to law

enforcement authorities or pursuant to any court order requesting or directing

RxMart to disclose such information. RxMart does not represent or guarantee the

truthfulness, accuracy, or reliability of communications posted by users of

RxMart.com or the RxMart Services, nor does RxMart endorse any opinions

expressed by users or any third parties using RxMart.com or the

RxMart Services. Any reliance on material posted by other users or Participants

shall be at your own risk

9. Fraud, Manipulation and Termination.You may not manipulate the price or other

information associated with any order provided by a Participant for any

Participant Service. Without limiting any of its other available rights or remedies,

RxMart may suspend or terminate your license and use of RxMart.com. If

RxMart, at its sole discretion, reasonably suspects that you have violated any

provisions of this Agreement or engaged in any improper, dishonest or fraudulent

activity in connection with RxMart.com or the RxMart Services the account

membership will be terminated. If any member is suspicious of criminal or

counterfeit activity on the marketplace, please report it to the FDA Office of

Criminal Investigations as per their website's guidelines, as well as, a RxMart

Administrator via support@RxMart.com with a description of the matter. If your

account is suspended because RxMart suspects that you have violated any

provision of this Agreement or engaged in any improper, dishonest or fraudulent

activity in connection with RxMart.com or the RxMart Services, you will not be

entitled to any refund for services you have paid for or credits due. RxMart

specifically reserves the right to reject any medication it believes is fraudulent or

illegally submitted, and you will not be refunded for any payment made to or due

from RxMart for such medications.

10. Other Disclaimers. THE RxMart SERVICES ARE PROVIDED IN AN "AS IS

WHERE IS" CONDITION, SUBJECT TO ANY AND ALL FAULTS AND DEFECTS

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT.

FURTHERMORE, RxMart MAKES NO REPRESENTATIONS OR WARRANTIES

WHATSOEVER REGARDING PARTICIPANT SERVICES. TO THE EXTENT

PERMITTED BY APPLICABLE LAW, RxMart HEREBY DISCLAIMS ANY

WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-

INFRINGEMENT, TITLE, OR COMPLIANCE WITH ANY FEDERAL, STATE, OR

OTHER LAW(S), AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES

WITH RESPECT TO THIS AGREEMENT, THE RxMart SERVICES,

PARTICIPANT SERVICES, OR RXMART.COM. NO ADVICE OR INFORMATION

GIVEN BY ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, EMPLOYEE

OR AGENT OF RxMart (collectively a "RxMart AFFILIATE") SHALL CREATE A

WARRANTY OR REPRESENTATION BINDING UPON RxMart UNLESS IN

WRITING SIGNED BY THE CHIEF OPERATING OFFICER OF RxMart. NO

ONE ELSE IS AUTHORIZED TO MAKE ANY WARRANTY ON RxMart’S

BEHALF, AND YOU CANNOT RELY ON ANY OTHER REPRESENTATION OR

ASSERTED WARRANTY OR GUARANTEE.

YOU AGREE THAT RxMart AND THE RxMart AFFILIATES ARE NOT

RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY FOR THE CONTINUED

AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF

RXMART.COM, THE RxMart SERVICES, THE PARTICIPANT SERVICES OR

ANY MATERIALS ON RXMART.COM, THE PERFORMANCE OF THE

INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR

SOFTWARE WITH YOUR COMPUTER SYSTEMS, THE EXISTENCE OF ANY

VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM

ANY SOURCE (INCLUDING, WITHOUT LIMITATION, RXMART.COM), OR FOR

THE UNAUTHORIZED ACCESS TO OR USE OF YOUR PARTICIPANT

INFORMATION BY A PARTY OTHER THAN RxMart. RxMart EXPRESSLY

DISCLAIMS ALL LIABILITY FOR ANY TECHNICAL FAILURES (INCLUDING

HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED, OR

DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL

INACCURACIES, OR LOSS OR USE OF DATA, AS WELL AS UNAUTHORIZED

ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES ARISING OUT OF

OR RELATED TO THIS AGREEMENT. RxMart DOES NOT REPRESENT OR

WARRANT THAT RXMART.COM WILL OPERATE WITHOUT ERROR, THAT

DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER

MAKING IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL

COMPONENTS.

RXMART.COM INCLUDES CONTENT PROVIDED BY THIRD PARTIES AND BY

YOU. RxMart IS A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS

PUBLISHER. THESE THIRD PARTIES MAY EXPRESS CERTAIN OPINIONS

OR PROVIDE CERTAIN INFORMATION AND OFFERS. RxMart MAKES NO

WARRANTIES, AND DISCLAIMS ALL LIABILITY, AS TO THE

COMPLETENESS, ACCURACY, TIMELINESS, OR RELIABILITY OF

INFORMATION OR OFFERS SUPPLIED BY PARTICIPANTS AND

DISTRIBUTED BY RxMart THROUGH RXMART.COM OR OTHERWISE. RxMart

DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY

PARTICIPANT, INCLUDING ANY SUCH PARTICIPANT'S CONFORMANCE TO

ANY LAW, RULE, REGULATION, OR POLICY.

RxMart DOES NOT WARRANT THAT INFORMATION, SERVICES, AND

PRODUCTS CONTAINED IN RXMART.COM OR THE RxMart OR PARTICIPANT

SERVICES WILL SATISFY YOUR REQUIREMENTS OR THAT THEY ARE

ERROR OR DEFECT-FREE. BEFORE USING ANY RxMart OR PARTICIPANT

SERVICES, YOU SHOULD CONFIRM ANY INFORMATION ON THE

ACCOMPANYING PACKAGING. YOU ASSUME RESPONSIBILITY FOR THE

ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION

YOU SUPPLY TO RxMart. BY USE OF RXMART.COM, YOU ACKNOWLEDGE

THAT SUCH USE IS AT YOUR SOLE RISK, INCLUDING RESPONSIBILITY

FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR

REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH

RXMART.COM.

WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY LOST PROFITS

OR SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES,

INCLUDING, BUT NOT LIMITED TO, INDIRECT AND SPECIAL DAMAGES

THAT MAY RESULT FROM THE SERVICES OF THIS WEBSITE , THE

TERMINATION OR SUSPENSION OF YOUR MEMBERSHIP, OR

MALFUNCTION OR INTERRUPTION OF THE SERVICES OR WEBSITE FOR

MAINTENANCE OR OTHERWISE.

WE WILL NOT BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT

THAT INCLUDES NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER

THEORY, OR OTHERWISE TO YOU OR ANY THIRD PARTY FOR DAMAGES,

RECOVERY, COST TO COVER, OR RECOUPMENT OF ANY INVESTMENT

MADE BY YOU OR YOUR AFFILIATES FOR ANY DAMAGES UNDER THIS

AGREEMENT. WE WILL NOT BE LIABLE FOR LOST PROFITS, REVENUE,

BUSINESS, DATA, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATED TO

THIS AGREEMENT, WHETHER FORESEEABLE, KNOWN, OR UNKNOWN TO

US.

THIS LIMITATION OF LIABILITY WILL EXTEND TO DAMAGES RESULTING

FROM INVESTIGATIONS, REGULATORY INQUIRIES, LOSS OF

REGULATORY APPROVALS AND/OR LICENSES, AND ANY OTHER CLAIM,

SUBPOENA, INVESTIGATION, PROCEEDING, OR OTHER CAUSE BROUGHT

BY ANY GOVERNMENT AGENCY, COURT, OFFICE, OR AGENT. RxMart

RESERVES THE RIGHT TO INFORM ITS MEMBERS ABOUT ANY

INVESTIGATION OR REGULATOR REQUEST IN FULL DETAIL.

11. Disclaimer and Limitation of Liability. RxMart AND THE RxMart AFFILIATES

SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL,

EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES AS A RESULT OF

ANY BREACH OR DEFAULT BY THEM WITH RESPECT TO THIS

AGREEMENT OR THE RxMart OR PARTICIPANT SERVICES, WHETHER

ARISING IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE. IN NO

EVENT SHALL THE TOTAL LIABILITY OF RxMart AND THE RxMart

AFFILIATES TO YOU FOR ANY DAMAGES, LOSSES, COSTS AND

EXPENSES RELATED TO ANY CLAIM BY YOU IN CONTRACT, TORT, STRICT

LIABILITY, OR OTHERWISE EXCEED THE GREATER OF: (A) THE

AGGREGATE AMOUNT OF CHARGES PAID BY YOU FOR THE

RxMart SERVICES AND PARTICIPANT SERVICES AT ISSUE; OR, (B) IN THE

ABSENCE OF SUCH CHARGES, ONE HUNDRED DOLLARS ($100). YOU

AGREE THAT THIS LIMITATION OF LIABILITY IS AN AGREED ALLOCATION

OF RISK BETWEEN YOU, RxMart AND THE RxMart AFFILIATES AND

REFLECTS THE FEES, IF ANY, RxMart CHARGES. YOU ACKNOWLEDGE

THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY,

RxMart.COM AND THE SERVICES WOULD NOT BE PROVIDED TO YOU. ANY

CLAIM BY YOU NOT FILED IN ARBITRATION UNDER SECTION 15 BELOW

WITHIN ONE YEAR OF YOUR DISCOVERY OF THE FACTUAL BASIS FOR

THE CLAIM SHALL BE DEEMED FOREVER WAIVED, BARRED AND

RELEASED.

12. Indemnification. YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD

HARMLESS RxMartAND THE RxMartAFFILIATES FROM AND AGAINST ANY

CLAIM, DAMAGE, LOSS, LIABILITY, INJURY, COST OR EXPENSE

(INCLUDING, WITHOUT LIMITATION, ACTUAL ATTORNEYS' AND EXPERT

FEES) ARISING OUT OF OR RELATED TO YOUR (A) BREACH OF THIS

AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE,

(B) VIOLATION OF ANY PERSON'S OR ENTITY'S LEGAL RIGHTS

(INCLUDING, WITHOUT LIMITATION, COPYRIGHT, PATENT, TRADE SECRET,

TRADEMARK, OR OTHER PROPRIETARY RIGHTS, OR PUBLICITY,

CONTRACT, MORAL, OR PRIVACY RIGHTS), (C) VIOLATION BY YOU OF

ANY APPLICABLE LAW, RULE OR REGULATION, OR (D) NEGLIGENCE,

RECKLESSNESS, OR WILLFUL MISCONDUCT ON YOUR PART, OR (E)

UNAUTHORIZED USE OF YOUR PARTICIPANT INFORMATION BY A PARTY

OTHER THAN RxMart.

13. Governing Law. RxMart controls and operates RxMart.com from its offices within

the United States. If you choose to access RxMart.com from other locations, you

do so at your own risk and initiative and are responsible for compliance with any

applicable local laws. You agree that your rights and obligations related to this

Agreement, RxMart and your use of RxMart.com or the RxMart Services shall be

interpreted and construed in accordance with the laws of the State of Illinois,

without regard to its conflict of laws principles.

14. Exports. You understand and agree that the RxMart Services and Participant

Services may be controlled for export purposes. You agree to comply with all

United States export laws and regulations including, but not limited to, the United

States Export Administration Regulations, International Traffic in Arms

Regulations, directives and regulations of the Office of Foreign Asset Control,

treaties, Executive Orders, laws, statutes, amendments, and supplement thereto.

You assume sole responsibility for any required export approval and/or licenses

and all related costs and for the violation of any United States export law or

regulation. You acknowledge that export of products or services and any related

documentation, in whole or part, contrary to United States law is prohibited. You

agree that no part of the RxMart Services or Participant Services available

through RxMart.com, either in whole or part, are being acquired for shipment,

transfer, or re-export, directly or indirectly, to proscribed, embargoed, or

prohibited countries or their nationals, denied destinations, or for prohibited

activities or for weapons. Proscribed countries, destinations, and people are set

forth in the United States Export Administration Regulations, and the Office of

Foreign Asset Control's Specially Designated Nationals list, and are subject to

change without further notice from RxMart.

15. Dispute Resolution (Binding Arbitration). If a dispute, claim, or controversy

("Dispute") arises between you and RxMart or any of the RxMart Affiliates under

or in any way relating to this Agreement, RxMart.com, or the RxMart or

Participant Services that is not resolved through good faith negotiations and

discussions within 30 days of RxMart being notified of such Dispute,

such Dispute will be finally settled and resolved by binding arbitration in

accordance with the then-current Commercial Arbitration Rules of the American

Arbitration Association using a single arbitrator (who has at least 3 years

experience in structuring on-line commercial transactions and who shall have no

power to award consequential, punitive or exemplary damages), with the

arbitration to be commenced within one (1) year after the factual basis for such

Dispute becomes known -- otherwise all rights, claims and causes of action

relating to the Dispute shall be deemed irrevocably waived.

16. Independent Parties. RxMart is an independent contractor and shall not at any

time or under any circumstances be considered an agent or representative of any

Participant of RxMart.com. No joint venture, partnership, or like relationship is

created between the parties by this Agreement.

17. Miscellaneous. The headings of the sections in this Agreement are strictly for

convenience of reference only and shall not in any way be construed as

amplifying or limiting any of the terms, provisions or conditions of this Agreement.

If any provision of this Agreement shall be held to be invalid or unenforceable for

any reason: (a) such invalidity or unenforceability shall not affect any other

provision of this Agreement; (b) the remaining terms, covenants and conditions

hereof shall remain in full force and effect; and (c) the invalid or unenforceable

provision shall be automatically modified, with the least changes necessary, so

as to make it valid and enforceable. No failure to exercise and no delay in

exercising, by RxMart, any right, power or privilege under this Agreement shall

operate as a waiver thereof, except as otherwise expressly provided in this

Agreement or in writing by RxMart's president. Any waiver by RxMart of a breach

of any provision of this Agreement shall not be deemed to be a waiver of any

other or subsequent breach and shall not be construed to be a modification of the

terms of this Agreement unless and until agreed to in writing by RxMart.

You agree that you will be solely responsible for the collection, reporting, and

payment of any and all of your taxes we are not responsible in any way for your

payment of any taxes to any entity. You agree to indemnify RxMart (DBA

RxMart.com) and all of our affiliates, agents, employees, officers, directors, or

other connected entities harmless against any and all liabilities, costs, and

expenses (including reasonable attorneys’ fees) incurred by us that arise out of

any government or third party claim that involves or relates to any tax obligation

(federal, state or county) or amounts due or owing under any tax regulation, law,

order or decree or any dispute concerning our tax status.

18. Notice.All notices and communications concerning this Agreement shall be in

writing and addressed to RxMart as follows: EMAIL ADDRESS

19. Modification of Terms. RxMart reserves the right to amend the terms of this

Agreement at any time, for any reason, and without notice, including the right to

terminate the RxMart or Participant Services or any part thereof. Any

amendments and modifications made by RxMart will be prospective only, and

unless otherwise provided in this Agreement, will be effective upon being posted

on RxMart.com.

20. Links to Third Party Sites. RxMart.com may contain links to third party websites.

These links will allow you to leave RxMart.com. The linked sites are not under the

control of RxMart, and RxMart is not responsible for the contents of any linked

site. The links are provided as a convenience, and RxMart does not endorse,

sponsor, or recommend any linked site or its contents. RxMart is unable to verify

the accuracy or completeness of third party information posted to RxMart.com or

accessible from RxMart.com and nothing in this Agreement, shall be deemed to

create any agency relationship or affiliation with such third parties or you or make

the third parties or you partners or joint venturers with RxMart, or otherwise

provide you or any third parties with any rights to act on RxMart's behalf.

21. Termination. This Agreement is effective until changed or modified by RxMart or

terminated by you or RxMart for any reason whatsoever. If you no longer agree

to be bound by this Agreement (as amended from time to time), you must cease

use of RxMart.com. RxMart reserves the right to suspend or deny, in its sole

discretion, your access to all or any portion of RxMart.com with or without notice

at any time and for any reason. You agree that any termination, restriction, or

suspension of your access to RxMart.com may be made without prior notice, and

you acknowledge that RxMart may immediately deactivate or delete your account

and all related information and files in the account and bar you from any further

access to the files or RxMart.com. You agree that RxMart shall not be liable to

you or any third-party for any termination, restriction, or suspension of access to

RxMart.com under any circumstances whatsoever.

RxMart reserves the right to access Participant Information and to remove any

materials that do not conform to this Agreement—although RxMart shall be under

no affirmative obligation to monitor any of the foregoing or to otherwise screen or

monitor any communications or information prior to its posting. You agree that

RxMart has the right, but is not obligated, to monitor your use of RxMart.com and

any communications made by you related to such use in any manner. You

release RxMart from any liability relating to its monitoring activities. RxMart may

also warn its Participants of any actual or suspected improper actions by you. If

RxMart denies you access to RxMart.com, you agree to destroy all materials

obtained from RxMart.com and all copies of those materials with the exception of

your personal account materials. RxMart.com (RxMart ) reserves the right to

terminate any member with or without notice or cause.

22. Entire Agreement. This Agreement, and any policies referenced in this

Agreement, constitute the entire agreement between you and RxMart related to

RxMart.com and the RxMart Services. All prior agreements, representations,

statements, negotiations, and undertakings with respect to the subject matters of

this Agreement are superseded by the provisions of this Agreement. Neither this

Agreement nor any of its provisions may be amended, altered or added to in any

manner except as set forth in a duly authorized amendment to this Agreement or

otherwise in writing and signed by the chief operating officer of RxMart. If there is

a conflict between the terms of this Agreement and any terms appearing on

RxMart.com or in any policies, those terms that are most favorable to

RxMart shall govern.

23. Survival of Obligations. The provisions of this Agreement that by their nature are

intended to survive beyond the termination, cancellation or expiration of this

Agreement shall survive.

24. Consent to Electronic Delivery and Notice. (a) Consent. By clicking the "I Agree"

button below, you consent to receive notices solely in electronic format from

RxMart. Please regularly check RxMart.com for updates to notices. We will post

to RxMart any changes in hardware or software requirements needed to access

the notices. (b) Delivery Considerations. To access RxMart.com, you must have

access to a personal computer with appropriate and compatible browser software

and access to the Internet. To print and save notices, you must have access to a

printer. (c) Duration and Withdrawal of Consent. Your consent will be effective

indefinitely. We reserve the right to send you paper copies of any documents or

notices that you have consented to receive electronically or that are not available

electronically and to discontinue sending updated notices electronically to you at

any time.

25. Refund/Return Policy. RxMart charges are fee for service based. Users accept

the fact that there will be no returns/refunds nor there will be any chargeback

accepted.

26. Pharmacies/wholesalers on RxMart platform ( RxMart.com) agree not to use or

sell any pharmacy information obtained from RxMart platform (RxMart.com) for

any purpose beyond finalizing the transaction that took place on the RxMart

platform (RxMart.com). Any pharmacy or wholesaler who violate this agreement

will face fines ($250,000 per incident) and privileges on RxMart platform will be

terminated.

27. All information represented by you and provided by you on this platform must be

accurate and truthful. The sale of counterfeit, samples or stolen items is not

permitted. All other information must not infringe on any third party’s intellectual

properties (copyright, patent, trademark, trade secret, rights of publicity or privacy

or other right). Must not infringe on any law, statue, ordinance or regulation

including but not limiting those regulating any protection, unjust competition, anti-

discrimination, misleading or false advertising. All other information must not

contain any malware, viruses, or programming intended to corrupt or seize any

system data or personal information. Furthermore, all information provided must

be free of fraud, obscenities and defamation of any third party. You identify and

correspond that our collective “Intellectual Property'' (our patents, trademarks,

trade names, service marks, copyrights and other intellectual property) are and

will remain our exclusive solitary property. This agreement will not bestow in you

any right of ownership or license rights in our Intellectual Property Ultimately, you

agree that you will not now or in the future dispute the legitimacy of RxMart.com’s

Intellectual Property. RxMart.com allows all registered users to gain from

developments that are branded and patent-pending to RxMart. The performance

of this website is subject to an impending patent and is not currently accessible

to the public. Upon USPTO issuing a patent, the business methods empowered

by this Website, the functions of this Website constitute the confidential trade

secrets of RxMart. By allowing yourself and your organization to the benefits of

the proprietary processes enabled by this Site, you and your organization agree

not to reverse engineer, embezzle, independently create, reveal, or otherwise

make use of the trade secrets represented on this Site. You agree that in any

dispute relating to this proviso, that you and the organization on whose behalf

you act hold the burden of verifying with clear and undoubted evidence that you

solely possessed a particular trade secret prior to being exposed to the Site. In

any dispute arising from this portion of the Agreement, the dominant party shall

have its expenses (including but not limited to reasonable attorney fees)

compensated for by the non-prevailing party.

28. SHIPPING DISCLAIMER/CHECKLIST:

If your prescription drugs were lost during shipment, email us immediately at

EMAIL ADDRESS RxMart and its affiliates are not responsible for any damages

or lost profits that result from any matters that arise during the shipping process.

Sellers will not be credited for lost or damaged products. It is the seller's

responsibility to purchase extra insurance from FedEx if they desire. Insurance

from FedEx is a declared value and not insurance. FedEx API might glitch at

times or services go down where it doesn't recognize the Declared values or NO

Declared value showing. Ultimately FedEx reserves the rights to deny any claims

even if it has a declared value and members hold RxMart Harmless of any

financial loss. Communication between Sellers and Buyers is prohibited. All

communications must be done via RxMart.com or RxMart .

FROZEN/REFRIGERATED ITEMS MUST BE SHIPPED MON-THU VIA FedEx

PRIORITY OVERNIGHT BEFORE 2PM AND AVOID SHIPPING ON THE DAY

BEFORE A HOLIDAY OR FORESEEN INCLEMENT WEATHER.

If you are shipping a frozen or refrigerated item(s), remember to:

• Refrigerate/freeze products prior to packaging per manufacturer's

guidelines.

• Precool an expanded polystyrene (EPS) container.

• Double bag items if shipment contains liquid or perishables that might melt

or thaw.

• Arrange items compactly, but leave space around the items for coolant/dry

ice.

• Seal properly

29. FOR FedEx GROUND/EXPRESS SHIPMENTS:

• DO NOT use FedEx Express envelopes or packaging.

• DO NOT use FedEx Drop Boxes

• DO NOT use authorized FedEx drop off locations other than FedEx Direct

location and FedEx Pickups where the packages are handed and scanned

directly by a FedEx personnel.

• MAKE SURE a sturdy box with packaging is used.

30. SHIPPING AGREEMENT: Shipping items must comply with the Prescription Drug

Marketing Act (PDMA), the 2013 Drug Supply Chain Security Act (DSCSA), other

laws and Sellers policies. The pharmacist whose signature appears on the

signature block represents and warrants he/she is a representative or the

member shown and duly authorized to certify that all salable goods shown: have

been stored and handled under manufacturers temperature and storage

requirements while in members possession, other than information provided, has

not been otherwise damaged and, to the best of his/her knowledge, are salable

in accordance with applicable laws and regulations, and were not dispensed or

otherwise sold by member or transferred to member from another location.

Furthermore, the contents and quantity of the prescription drugs agree with this

form. Final credit amount may be changed to reflect goods that are damaged or

missing or do not conform with RxMart (DBA RxMart.com) shipping policy.

DISCLAIMER: You agree to indemnify and hold RxMart (DBA RxMart.com) safe

from any claim asserted by a third party that involves, relates to, or concerns any

of your actions or omissions on this order, including but not limited to your breach

of the User Agreement, or your violation of any law or the rights of a third party.

When shipping your prescription drug(s), it is your responsibility to adhere to all

applicable local, state, and federal laws, as well as statutes and regulations and

the payment of any taxes.

31. RxMart prohibits the direct contact of buyers and sellers and require all

communication done via RXMART.com

32. RxMart or its affiliates are not responsible for products lost or damaged during

the shipping process. Seller will not receive credit. Buyer will be credited for the

total sale.

33. Sometimes, RxMart works with third parties that conduct marketing campaigns

where you can opt into receiving materials and where you agree to provide us

with your Company name,contact information or any information used during the

registration process. We use this information to fulfill your request for RxMart

materials and as specified by these marketing campaigns. If you receive

materials you don’t want from us, please email EMAIL ADDRESS and we’ll

remove your contact info from our marketing lists.

34. Pharmacies, that are buying or selling products on RxMart.com marketplace

agrees to all ACH rules and regulations set by law. Both buying and selling

pharmacies agree to indemnify and hold RxMart (DBA RxMart.com) safe from

any claim asserted by any party that involves, relates to, or concerns any of ACH

fraud or misrepresentation. Pharmacy legal entity and it owners will be held liable

and agree to pay all transaction and fees due including all legal fees (due to

RxMart /DBA RxMart.com) if such a case arise.Transactions dishonored by the

receiving depository financial Institution and returned to RxMart will be subject

to a processing fee and fines.

35. RxMart is an electronic based platform for independent pharmacies to buy and

sell small quantities of non-controlled, non-expired overstocked prescription

drugs and drugs in short supply, to satisfy a specific patient need or declared

public health emergency (FDA and state rules and regulations apply. Both parties

involved are responsible for keeping up with all applicable laws and hold

RxMart , affiliates or RxMart.com harmless) . RxMart also allows independent

pharmacies to search drug wholesalers' inventories as well as inquire within

fellow independent pharmacy regarding drug availability due to shortage or back

order. RxMart (DBA RxMart.com) or affiliates will act as a neutral facilitator to

both parties involved and not as an agent or broker and does not direct the sale.

36. Buyer’s Representations. As a Buyer, you grant Reed permission to charge your

bank account for the purchase of prescription drugs, shipping, processing and

other related charges. If your bank account information changes, you must notify

us at least 5 business days before the change occurs in writing via email EMAIL

ADDRESS.

37. Seller’s Representations. As a Seller, you grant RxMart permission to charge

your bank account a nuisance penalty if you violate any term. If your bank

account information changes, you must notify us at least 5 business days before

the change occurs. The seller will be charged a nuisance penalty of $500 (the

“Nuisance Penalty”) if it posts prescription drugs for sale and is unable to

produce the exact ones the Seller posted. The Seller will also pay commission on

an item that was rejected by them if the item was posted for sale within the last

10 days or less. To avoid this charge the seller should update their inventory if

the item is dispensed or sold outside of our platform. As a Seller, you agree not to

include any promotional or other commercial material that is not provided or

approved by us in your shipment to the Buyer. This includes, but is not limited to,

material that promotes a website other than this one, catalogs, business cards,

business reply cards, bookmarks, coupons, flyers, solicitations or other marketing

or advertising material. If you fail to abide by this, we reserve the right to subject

you to a penalty of $2,500 per instance that will be deducted from any pending

order credits and/or your bank account directly as well as termination or

suspension of membership. Sellers will forfeit any credit due from buyers if they

violate any of our Terms and Conditions, Commercial use agreement, Privacy

Policy, misrepresentation or any inaccuracies. Also Sellers agree to be charged

our commission rate and additional fees to ship products back to them for any

errors in listing, handling or shipping. "Seller attests the item(s) has been stored

and handled under the manufacturer’s temperature and storage requirements,

was not purchased using a government discount program (i.e.340b) or preferred

pricing, is not restricted to a limited distribution network, and was acquired from a

manufacturer or wholesaler in compliance with the Drug Supply Chain Security

Act (DSCSA) and posted item is not classified as a controlled substance."

38. All licensed professionals (Pharmacies, Doctors and Wholesalers) that utilize

RxMart and its services are to inform us via email (EMAIL ADDRESS) within 3

business days of any changes in license status or change of address. After the

allotted grace period of 3 business days, RxMart and its affiliates will deduct

$1000 per calendar day from any pending deposits. If there are no pending

deposits RxMart will charge $1000 per calendar day after the allowed grace

period. If your bank account is closed or comes back with insufficient funds you

and your entity both are held responsible for all charges accumulated including

any legal fees incurred.

39. Hospitals, Long Term Care facilities, Clinics and Independent pharmacies that

would like to utilize our Track and Trace (T3) Loan or borrow medication

application will be charge monthly as follow:

• 1-2 sites will be charged $100 per month for each site.

• 3-10 sites will be charged $85 per month for each site.

• 11-20 sites will be charged $75 per month for each site.

• over 20 sites will be charged $60 per month for each site.

40. Doctors that order Medications on RxMart Marketplace from licensed

wholesalers attest that all medications orders are for office use only and hold

RxMart and its affiliates harmless and assume all legal & financial

responsibilities and will follow all applicable rules and regulations (Including

Federal and state laws). If any issue arises between Doctors and wholesalers/

FedEx RxMart will do its best to resolve any issues, but ultimately not

responsible for any financial losses incurred by any party involved.

41. I hereby authorize RxMart to initiate the entries (Debits or Credits) to my

accounts in relation to transactions. I understand that this authorization will

remain in effect until I cancel it in writing, and I agree to notify RxMart in writing

(Via email) of any changes in my account information or termination of this

authorization at least 30 days prior notice in order to cancel this authorization. If

the above noted payment dates fall on a weekend or holiday, I understand that

the payments may be executed on the following business day. For ACH debits to

my checking account, I understand that because these are electronic

transactions, these funds may be withdrawn from my account as soon as each

order is placed. In the case of an ACH Transaction being rejected for Non-

Sufficient Funds (NSF) I understand that RxMart may at its discretion attempt to

process the charge again within 30 days, and agree to an additional $39.99

charge for each attempt returned NSF which will be initiated as a separate

transaction from the authorized recurring payment. I acknowledge that the

origination of ACH transactions to my account must comply with the provisions of

U.S. law. I certify that I am an authorized user of this bank account and will not

dispute these scheduled transactions with my bank; so long as the transactions

correspond to the terms indicated in this authorization form. 3 NSF (non-sufficient

funds), or 1 frozen account or 1 account closed incident per calendar year can

cause your account to be terminated and the business entity including its

owner(s), manager(s) will be responsible for all legal fees and unpaid amounts

due. Sellers will forfeit any credits due for sales on the marketplace pending

deposits if ACH authorization will result in 3 NSF (non-sufficient funds), or 1

frozen account or 1 account closed per calendar year and can cause the account

to be terminated.

42. RxMart reserves the right to delete any listing and/or modify drug price to align

with market price.

43. Registered pharmacies on RxMart pharmacy marketplace attest that there are

open for business and engaged in patient care.

44. Failure to pay for purchased products on RxMart Marketplace will result in legal

action. Any returned/bounced/canceled payments for goods purchased and

received will also result in delinquent fees and/or legal fees. RxMart will notify the

buyer of any insufficient payment accounts via email within 2-3 business days.

Failure to rectify payment within this time will progress to legal action and the

entity, owners and members will accept additional charges of $500/delinquent

fee/per day as well $700/hr legal fees. Sellers have the right to collect funds dues

from the buyer directly and/or take legal action against the buyer.

45. Release. RxMart acts as a marketplace only to allow Buyers and Sellers to

interact. In all cases, the submission and confirmation of orders are transactions

between Buyers and Sellers only. The fulfillment of confirmed orders, including

DSCSA compliance, and delivery and shipment of Prescription Drugs, are the

responsibility of the Seller. If you have a dispute with one or more registered

users, you release RxMart and all affiliated companies, officers, directors,

agents, parents, subsidiaries, legal representatives and employees from claims,

demands and damages (actual and consequential) of every kind and nature,

known and unknown, suspected and unsuspected, disclosed and undisclosed,

arising out of or in any way connected with such dispute. You further agree that

RxMart shall not be deemed a party to any contract by and between Seller and

Buyer.

46. Warranties of Seller – 2013 Drug Supply Chain Security Act (DSCSA) –

Transaction Statement. Items posted to the Site must comply with the DSCSA.

By listing Prescription Drugs on the Site, Seller expressly warrants the following:

(1) that the sale of Prescription Drugs will comply in all respects with the DSCSA;

(2) that all Prescription Drugs were received from a person in compliance with

the DSCSA; (3) that Seller received transaction information and a transaction

statement from the prior owner of the product, as required under section 582 of

the DSCSA; (4) that Seller did not knowingly ship a suspect or illegitimate

product; (5) that Seller had systems and processes in place to comply with

verification requirements under section 582 of the DSCSA; (6) that Seller did not

knowingly provide false transaction information; and (7) that Seller did not

knowingly alter the transaction history.

47. Traceability Requirements. Upon request of any governmental regulatory agency,

the Seller must provide within the amount of time required by applicable state or

federal law or 48 hours, whichever is less, the pedigree of each item posted and

sold on the site including but not limited to the Transaction History (Statement of

Origin) which traces the drug from the point of manufacture and contains

information about all transactions that the item undergoes until it reaches the

Buyer. You agree that each item posted for sale in the marketplace meets the

compliance and reporting criteria of the DSCSA and any promulgated regulations

then in force.

48. Fees and penalties that will be deducted from the Seller's final credit if they do

not follow these procedures:.

• $25 per line Corrected - If Seller emails us any edits for an order prior to

approval (EX: LOT# or EXP Date).

**$50 per line Corrected - If the seller calls in over the phone to make the

same changes.**

• $100 per line Corrected - If seller fails to post an item as per the "How to

Post" instructions sent to them along with their account activation email.

• 20% of the Total Order - If the buyer calls in or sends an email with

corrections to the Purchase Order after they have received the shipment.

• $150 - If the seller does not include a signed Purchase Order with the

shipment. Sellers must provide a signature on the Purchase Order per our

Terms and Conditions, Funds will be held until the buyer receives a signed

PO. Please understand these fees are set in place to ensure compliance

with DSCSA and preserve the community of quality trading partners on the

marketplace. RxMart reserves the right to change these terms at any

time.

Electronic Signature. You agree that you have read, understand, and bound by, meet,

and will continue to meet, all of the terms and conditions above, (b) agree that you are

providing the legal equivalent of your handwritten signature, (c) agree to print and/or

save a copy of this Agreement for your records. This Agreement is effective upon

completion of registration, please scroll up through this Agreement to review important

provisions regarding arbitration, limitation of RxMart's and its content providers' liability,

waivers and indemnities, and other important provisions. The fees and other charges for

RxMart's Services are based upon your acceptance, and the enforceability, of the

arbitration, liability limitations, waivers and indemnity provisions -- in absence of which

such fees and costs would be increased to compensate for the potential additional

business expenses.