Rivia Health Terms and Conditions

This agreement (this “Agreement”) sets forth the terms and conditions between RexPay, Inc., a Delaware corporation (the “Company”) and you (“you” or “your”) and governs your use of the Company’s website and/or mobile application (collectively, the “Site”) and the Company services (the “Services”).

BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, USING THE SERVICES, OR OTHERWISE USING THE SITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS.

The Company reserves the right to modify or supplement any or all of the terms of this Agreement from time to time without notice to you. The Company reserves the right, in its sole discretion, to restrict, change, suspend, or terminate access to all or any part or aspect of the Site or Services, including the availability of any feature, database, information, or content, at any time and without prior notice or liability. Continued use of the Site or Services following posting of any changes to the terms of the Agreement constitutes your acceptance of the changes. If you do not agree with the terms of this Agreement at any time, you are required to stop using the Site and Services. The Company encourages you to print a copy of this Agreement for your records.

The Company’s privacy policy (“Privacy Policy”) describes how the Company may use your personal information, including protected health information. Your acceptance of this Agreement constitutes your acceptance of the Privacy Policy, which is incorporated herein by this reference. If you object to your personal information being used as described in the Privacy Policy, please do not use or access the Site or Services.

1. Your Information and Account. (a)By using the Site or Services, you represent that you are (i) at least 18 years of age, and of the age of legal majority in your state or country of residence if older than 18, (ii) a legal resident of the United States, and (iii) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access the Site and use the Services. (b)To use portions of the Site and to use the Services, you will be required to register with the Site to access certain resources or Services offered from time to time. You will be required to select a username and password, and provide personal information including your name, birthdate, address, phone number, and email address. For access to some Services, you will be required to provide medical information or consent to allow the Company to access such information through your medical provider. You agree to provide information that is true, accurate, complete, current, and not misleading. You are solely responsible for maintaining the confidentiality of your password. You agree to immediately notify the Company if you know or suspect that your account is being accessed or used without authorization. Notwithstanding the foregoing sentence, you are fully responsible for all activity on your account, including, but not limited to, use of your account by any third party. The Company reserves the right, in its sole discretion, to deny access to, or temporarily or permanently suspend, your account at any time and for any reason or no reason. (c)The Site and Services are not designed or intended to attract children under the age of 18. A parent or guardian, however, may use the Site and Services on behalf of a minor. The parent or guardian is solely responsible for use of the Site and Services on behalf of a minor. Additionally, the parent or guardian assumes full responsibility for ensuring that the registration information for a minor is kept secure and that the information submitted is accurate. By using the Site and Services on behalf of a minor, the parent or guardian is representing and warranting to Company that the parent or guardian has the authority to do so.

2. Health Information; Medical Providers. (a)Protected Health Information. All of your protected health information, as defined in the Health Insurance Portability and Accountability Act, P.L. 104-191, and its associated regulations (“HIPAA”) obtained from you or your medical providers as a result of the Company providing the Services (collectively, “PHI”), is your sole and exclusive property. Any PHI provided by your medical providers is done so pursuant to the applicable permissive exception under the HIPAA Privacy Rule. Such PHI may be used or disclosed under the terms of the Business Associate Agreement between Company and your medical providers. By using this application, you consent and agree to allow Company to use or disclose PHI to carry out payment and other features of the Site and Services that you have requested. Company only has access to the PHI it needs to carry out the payment and other features of the Site and Services that you have requested. You agree that the Company may use or disclose PHI to carry out payment and other features of the Site and Services that you have requested, and when required by federal, state, or local law. I further understand and agree that: along with other health information in my medical record, information (if any) may be disclosed about me regarding: HIV/AIDS; behavioral or mental health; sexually transmitted diseases (STDs); pregnancy; birth control; genetic testing; sexual assault/abuse; child abuse/neglect; and/or domestic abuse of an adult with a disability, this authorization is subject to revocation/withdrawal by the Patient at any time in writing to [address] except to the extent that action has already been taken to release this information. Your PHI is also governed by the Company’s Privacy Policy. Except as provided in this Agreement, the Privacy Policy, and the Business Associate Agreement between the Company and your medical providers, the Company will not use your PHI. (b) Aggregated Data. Notwithstanding anything to the contrary contained in this Agreement or the Privacy Policy, the Company may aggregate PHI and other user content, data, and patient information in such a way that that it will not identify you. Any such PHI received by your medical providers may be similarly aggregated pursuant to the terms of the Business Associate Agreement between the Company and your medical providers. The Company may use that aggregated data to develop and improve the Site and Services and any other lawful purpose. (c)Medical Providers. By providing information regarding your medical provider or statements for services from your medical provider through the Site and Services, you acknowledge and agree that the Company may contact your medical provider and that your medical provider may upload private, sensitive, or confidential information to the Site and Services, including without limitation PHI. Your medical providers may disclose such PHI under certain HIPAA exceptions, including the treatment exception, and is subject to a Business Associate Agreement. You acknowledge and agree that you, and not the Company, are solely responsible for your business dealings, communications and relationships with medical providers, and any terms, conditions, warranties, representations, terms of use and privacy and data practices established by such medical providers. You are solely responsible for payment of statements for services, confirming payment plans with your medical providers, if any and ensuring that correct payment has been made even if using the Services for payment. If your medical provider is not participating in the Company’s payment platform, you consent to payment of such medical provider.(d)No Medical Advice. The health information available on the Site or through the Service is provided by the Company solely for informational purposes. It does not constitute medical advice and is not intended to be a substitute for proper medical care provided by a medical provider or professional. The Company assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied on the Site or Services. Always consult with your medical provider for appropriate examinations, treatment, testing, and care recommendations. Do not rely on information on this Site or Services as a tool for self-diagnosis. IF YOU THINK YOU MAY HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY, CALL 911 OR GO TO THE NEAREST HOSPITAL IMMEDIATELY. DO NOT RELY ON THE SITE OR SERVICES FOR ASSISTANCE IN SUCH CASES. (e)No Endorsement. The Company’s inclusion of certain medical providers or third party services on the Site or Services does not constitute or imply the Company’s recommendation or endorsement of such medical providers or services.

3. Fees. (a)Transaction Fees. If the Site does not specifically indicate that your medical provider has agreed to allow use of the Services for payment of its statements for services, you shall be responsible for any and all Transaction Fees (defined below) that the Company may charge in connection with the Services. “Transaction Fees” means a fee charged for processing and payment of a transaction equal to the lesser of (i) one percent (1%) of your total payment amount but not less than ninety-nine cents ($.99) or (ii) five dollars ($5.00). (b)Request Fee. In addition to the Transaction Fees, if any, you shall be responsible for any and all Request Fees (defined below) that the Company may charge in connection with the Services. The Company reserves the right to modify these fees upon notice posted on the Site.

4. Payment. Amounts due from you to the Company or to your medical provider may be paid by authorized credit card, debit card (your “Card”), ACH or other approved payment methods. The Company uses a third party credit card processor to process your payments. You agree that the credit card processor, and not the Company, will be responsible for any errors by the credit card processor in processing fees. When you provide your Card information, you represent and warrant that you are permitted to use the Card and that all Card information and billing information is current, correct, and complete. If you have any question about a charge on your Card, you must provide written notice to the Company within thirty (30) days of the charge. You agree that you will not exercise and unconditionally waive any chargeback rights you may have by use of your Card. If you deliberately or inadvertently issue a chargeback to your credit card, your account will be terminated and you agree to pay the Company’s standard processing and collection fees.

5. Automatic Payment Plan. From time to time, You may enter into a Payment Plan to make periodic payments via a payment plan entered into with Company or to your medical provider. You hereby authorizes Company to automatically deduct from your Card, ACH or other approved payment method, the full amount of all payments due when such payments are due. Should there be insufficient funds in any such account to pay all such sums when due, the full amount of such deficiency shall be immediately due and payable by You; provided, however, that Company shall not be obligated to advance funds to cover any such payment.

The periodic payments may be paid via your Card, ACH or other approved payment methods. The terms of your payment plan will be separately documented. You will not receive any advance notice of this payment, but you will receive a post-payment confirmation email following all automatic recurring payments. (IS THIS CORRECT?)

By providing your Card, You agree and authorize Company to charge the full amount required by your payment plan to the Card, ACH or other approved payment method on file with Company; and You authorize the financial institution for the Card, ACH or other approved payment method to charge your account and remit payment for your service to Company. This authority will remain in effect until you give notification, as required under this Agreement, to terminate this authorization; provided, however, that no termination of authorization will relieve You of any obligation to pay amounts due. You will cooperate to execute any documents that may be reasonably required to effectuate the foregoing authorization.

If your automatic recurring payment is declined or unable to be processed for any reason, You will be contacted by phone or email. Company may in its sole discretion permanently restrict your ability to use a certain payment method if that payment method fails. In the event any payment is not made and You do not make the required payment by the end of your billing cycle, your service will be suspended or cancelled.

6. Exchange of Information. The communications between you and the Company use electronic means, whether you use the Site, Services, or send the Company emails, or whether the Company posts notices on the Site or communicates with you via email. You (a) consent to receive communications from the Company in an electronic form, via email; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. Although email messages are generally reliable, email messages can be transmitted improperly or wrongfully intercepted. The Company does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error.

7. Termination. You may terminate this Agreement, with or without cause and at any time, by discontinuing your use of the Site and Services. The Company may, without notice, suspend your access to the Site or Services, or terminate this Agreement for any of the following reasons: (a) your failure to comply with any provisions of this Agreement; or (b) your unauthorized or unlawful use of the Site or Services. Notwithstanding the forgoing, the Company reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part or aspect of the Site or Services, at any time and without prior notice or liability. Upon termination of this Agreement for any reason, the Company shall have no continuing obligation to you.

8. Third Party Websites. As you use the Site or Services, you may encounter windows and links that take you to web pages or websites of other companies to make their products and services available to you or to enable you to communicate directly with those companies. Your use of such web pages or websites, while subject to the terms of this Agreement, is also subject to and governed by the terms and guidelines, if any, contained within such web page or website. The Company does not endorse, and takes no responsibility for such products, services, websites, and materials. The Company is not responsible for and has no liability for the privacy or other practices of any such third party. The Company recommends that you review the privacy policies of each website you visit.

9. Mobile Services. When you access the Site or Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Site and Services must be in accordance with the usage rules established by your mobile device platform or service provider.

10. Content. Information, software, text, photographs, graphics, links and other material (collectively, the “Content”) provided on the Site and Services are protected by copyright, trademark or other proprietary rights of the Company or third parties. Except as required to use the Site or Services, you may not copy, store in electronic form, modify, print, transmit, transfer or sell, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, without obtaining permission of the copyright owner, except as expressly permitted in this Agreement or permitted under copyright law. The name “RexPay” and other Company marks, logos and designs used connection with the Services are trademarks, service marks, or trade dress of Company, and they may not be used without the written prior permission of Company. Access to and use of the Site or Services does not authorize you to use any name, logo or mark of the Company in any manner. You may not use meta tags or other hidden text utilizing the Company’s name or trademarks without the express prior written consent of the Company.

11. Restricted Use. You are prohibited from violating or attempting to violate the security of the Site or Services, or otherwise abusing the Site or Services. The framing, mirroring, scraping or data-mining of the Site or any of its content in any form and by any method is strictly prohibited. You may not access the Site or Services through spiders, robots or any other software programs or electronic means that perform multiple, automated, successive queries. You may not use any collaborative browsing or display technologies in connection with your use of the Site or Services. You agree not to use the Site or Services for any illegal purpose, in violation of any law or regulation, or in any manner inconsistent with this Agreement. You agree not to impersonate another person or entity or falsely state or otherwise mispresent your affiliation with a person or entity. You agree not to input, distribute, upload, post, transmit or otherwise make available any content or data through the Site or Services that: (i) is confidential; (ii) is unlawful, improper, abusive, harassing, libelous, defamatory, obscene, pornographic, threatening or otherwise objectionable; (iii) you are not authorized or have the right to make available; (iv) violates the rights of others, such as content that infringes any patent, trademark, trade secret, copyright, other proprietary rights or violates any right of privacy or publicity; (v) violates the property rights of others; (vi) offends the community standards of users of the Site or Services; (vii) contains software viruses or any other computer code, files or programs designed to work around any technical limitations in the Site or Services or perform or that would interfere with the proper working of the Site or Services; (viii) otherwise violates any applicable law. Violations of this Section may result in civil or criminal liability.

12. Submissions. All comments, feedback, suggestions, ideas, and other submissions (“Comments”) disclosed, submitted or offered by you related to the Site or Services shall be owned by the Company and by such disclosure, submittal or offer you assign all rights therein to the Company. The Company is under no obligation (a) to maintain any Comments in confidence, (b) to pay compensation for any Comments, or (c) to respond to any Comments.

13. Copyright Infringement. If you believe that your work has been copied and used on the Site in a way that constitutes copyright infringement, please provide the Company’s designated Copyright Agent with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the dispute use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, 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.

The Company’s Copyright Agent for Notice of claims of copyright infringement can be reached at:

Rachel Mertensmeyer
Address:

10720 West Indian School Rd, Ste 19 PMB 512, Phoenix, AZ 85037Telephone: (856) 997-2590
Email: support@rexpay.com

Only notices under that Digital Millennium Copyright Act (17 U.S.C. § 512, et seq.) should be submitted to the Copyright Agent. The Company cannot take any action with respect to any take down request unless the notice includes all of the information requested.

14. DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. THE SITE AND THE SERVICES ARE PROVIDED TO YOU “AS IS, AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. THE COMPANY DOES NOT WARRANT AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE, SERVICES, CONTENT OR ANY OTHER INFORMATION AVAILABLE THROUGH THE SITE. NOR DOES THE COMPANY GUARANTEE THAT THE SITE OR SERVICES WILL BE TYPOGRAPHICAL-ERROR-FREE, ERROR-FREE, OR CONTINUOUSLY AVAILABLE OR THAT THE SITE, SERVICES, OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR THE SITE OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. ADDITIONALLY, THE COMPANY DOES NOT WARRANT THE ACCURACY OF CUSTOMER RATINGS OR COMMENTS.

15. LIMITATION OF LIABILITY. IF YOU BECOME DISSATISFIED WITH THE SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THIS AGREEMENT AND THE SITE AND SERVICES WOULD NOT BE PROVIDED AT THIS RATE WITHOUT SUCH LIMITATION. IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES CONTRACTORS, AGENTS, SUCCESSORS, AND/OR ASSIGNS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES OR FOR ANY LOST PROFITS OR REVENUES OR LOST DATA, HOWEVER CAUSED, ARISING FROM OR RELATED TO THE SITE, CONTENT, SERVICES, OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED OR IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE OR WHETHER SUCH LIABILITY, LOSS OR DAMAGE WAS FORESEEABLE. IN NO EVENT SHALL THE COMPANY’S, OR ITS AFFILIATES’, AND EACH OF THEIR RESPECTIVE MANAGERS’, MEMBERS’, DIRECTORS’, OFFICERS’, EMPLOYEES’, CONTRACTORS’, AGENTS’, SUCCESSORS’, AND/OR ASSIGNS’, TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY, IF ANY, FOR ACCESSING OR USING THE SITE OR USING THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS, SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND/OR ASSIGNS, EXCEED $100. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT AND THAT THE DISCLAIMERS AND LIMITATION AND REMEDIES ARE REASONABLE.

16. Release. You hereby release and forever discharge Company and its officers, directors, employees, contractors, agents, successors, and assigns from all liability related to any and all claims, demands, and damages of every kind and nature known or unknown, that you may assert against another user, medical provider, or third party arising out of the Services or Site. By entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES SUBSTANTIALLY AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

17. Indemnification. You agree to indemnify, defend and hold the Company and its affiliates, and each of their respective managers, members, directors, officers, employees, contractors, agents, successors, and/or assigns, harmless for, from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees) arising out of, based upon or resulting from (i) your use of the Site and Services, (ii) breach of this Agreement by you, (iii) your violation of any applicable law, (iv) your infringement of the rights of any third party, or (v) any dispute between you and a medical provider. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the Company’s prior written consent.

18. International Use and Export. (a)The Company makes no representation that the Site or Services are appropriate or available for use in locations outside the United States. Access to the Site or Services from countries or territories where such access is illegal is prohibited. Those who choose to access the Site or Services outside the United States do so on their own initiative and are responsible for compliance with the laws of the United States. (b)The Site and Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from the Company, or any products utilizing such data, in violation of the United States export laws or regulations.

19. Force Majeure. The Company shall not be responsible for any failure to provide the Site or Services or delay in performing any of its obligations under this Agreement where and to the extent that such failure or delay results from an unforeseeable event beyond the Company’s reasonable control, including but not limited to, acts of war; acts of nature; earthquake; flood; embargo; riot; sabotage; labor shortage or dispute; changes in government codes, ordinances, laws, rules, regulations or restrictions; failure of the Internet; terrorist acts; failure of data, products or services controlled by any third party, including the providers of mobile, communications or network services; or utility power failure.

20. General Terms. (a)No Partnership. This Agreement shall not be construed as creating any agency, partnership or joint venture between you and the Company. (b)Governing Law; Venue; Attorneys’ Fees. This Agreement, all intellectual property issues, and your rights and obligations are governed by the laws of the United States of America and the State of Arizona, without regarding conflicts of law provisions, and the application of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If you are accessing the Site or Services from a physical location outside of the United States with laws or regulations governing personal data collection, use, and disclosure that are different from United States laws, you agree that by accessing the Site or Services you are transferring your personal information to the United States and you consent to the application of the laws of the United States and the State of Arizona with respect to use of the Site or Services, and any dispute regarding the Site, Services or this Agreement. You agree that any action to enforce these terms and conditions or in any manner related to the Company will be brought exclusively in the federal or state courts located in Maricopa County, Arizona and you agree to submit to the jurisdiction of such courts. You and the Company hereby expressly waive any rights to contest the jurisdiction, venue or convenience of any such federal or state court located in Maricopa County, Arizona. The prevailing party in any litigation shall be entitled to recover from the other party its reasonable attorneys’ fees (as determined by a court and not a jury) and related costs and expenses incurred as a result of the litigation in addition to such other relief as may be granted. (c)Entire Agreement; Construction; Survival. This Agreement and the Privacy Policy constitute the entire agreement between you and the Company with respect to the use of the Site and Services. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Site, the terms will be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions will control. The provisions of this Agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provision hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties. The failure by either party to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The parties agree that the indemnification provisions, and all such similar terms which, by their substantive intent are intended to survive termination of this Agreement, shall survive the termination of this Agreement. (d)Assignment. You shall not assign or transfer, or purport to assign or transfer, any of your rights or obligations under this Agreement without the prior written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the respective parties hereto. (e)Notices. Except as otherwise provided in this Agreement, all notices to the Company shall be sent by email to support@rexpay.com, or by first class mail, postage prepaid to 10720 West Indian School Rd, Ste 19 PMB 512, Phoenix, AZ 85037. Any notices sent by the Company to you shall be sent to the email address or street address listed in your account information. Notice shall be deemed given twenty-four (24) hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or three (3) days after the date of mailing. Privacy Policy RexPay, Inc., a Delaware corporation (the “Company,” “we,” “us,” or “our”) is committed to protecting your privacy and the personal information that you provide to us when using the Company’s website. This privacy policy describes how we treat all user data collected during your visit to and use of our website and services. By visiting and using our website and services, you are accepting and agree to the terms in this privacy policy. This privacy policy will be updated periodically, so please be sure to reread it from time to time. If you do not agree with the terms in this privacy policy, please do not use our website or services, and do not provide any information to us. Authorized Users The website is not directed to and is not intended for access and use by persons under the age of 18. What Personal Information is Collected on the Website? We do not use our website to collect any personally identifiable information about you other than what you provide voluntarily for use of the website, use of our services, or for other purposes. To use our website and use our services, you will need to provide us with your personal information, including without limitation health and medical information. We ask for personal information so that we can fulfill your request to use our website and/or services. If you choose not to provide any personal information, you may not be able to use our website or services, and we may not be able to fulfill a request you may have. If you provide personal information, you agree to provide true, accurate, complete, valid, and not misleading information and to promptly notify us of any changes in the information. If you provide us with your email address or telephone number, or have done so in the past, we may send you text message or email offers, surveys, newsletters or other types of contacts. No PHI received from your medical providers will be used for this purpose, unless allowed under the Business Associate Agreement between the Company and the applicable medical provider. We do not disclose personal information to third parties except (1) for the purposes of communicating with you; (2) for the purposes of completing the transactions you authorized or for providing you services, including but not limited to making payment to your medical providers and related business purposes; (3) when it is necessary for employees, agents and contractors to operate or maintain the website or to correct a technical problem; (4) when it is necessary to verify the existence or condition of your account with a financial institution, credit bureau or other third-party; (5) with our affiliates; (6) with our business partners, medical providers, or other third parties in connection with our services; (7) if we sell or merge the company or its assets with another company; (8) for fraud protection; or (9) when consistent with any permissions you may have communicated to us and for the purposes disclosed at the time you provide your information or otherwise give your consent. Additionally, we may collect and use usage information to develop new products or services or to provide special offerings to you. Under special circumstances we may, and you authorize us to, disclose personally identifiable information without your consent if we believe, in our sole discretion, it is reasonable to do so to satisfy laws (such as the Electronic Communications Privacy Act, as amended) or government regulations, comply with legal process or law enforcement requests, commence legal actions to protect our rights or property or to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or violations of this privacy policy or other terms found on the website. Except as otherwise provided, this privacy policy only addresses the information that we collect from you, but not about how third parties to whom you disclose your information may use and disclose it. If you disclose your personal information to third parties, other rules may apply to how they use and disclose information provided to them. We do not police or influence the privacy parties of third parties. When providing your personal information to third parties, their privacy policies govern their use and disclosure of your personal information. Before disclosing your personal information to a third party, you should familiarize yourself with their privacy policy. HIPAA Certain health and medical information about you is protected under the Health Insurance Portability and Accountability Act (“HIPAA”) and applicable state law. This information may be provided by you through the website or may be collected by us from other methods such as through a medical provider. We protect covered health and medical information as we may be required by HIPAA and applicable state law. Similarly, we may use covered health and medical information as permitted by HIPAA, applicable state law, and as provided for in this privacy policy. We may be required to notify you in the event there is a breach of your health information. What Anonymous Information is Collected on this Website? Anonymous information is collected for every visitor to the website. This includes pages viewed, date and time, and browser type. IP numbers are not stored, but are temporarily used to determine domain type and in some cases, geographic region. We do not make any association between this information and a visitor’s identity. Our website may use “cookies” and similar means to collect statistical information. A cookie is a small text file that is placed on your hard disk by a web page server. Cookies are uniquely assigned to you, and are designed to be read only by a web server in the domain that issued the cookie to you. We use cookies to identify your browser as you visit pages on our website. Cookies created on your computer by using our website do not contain personally identifiable information and do not compromise your privacy or security. Cookies allow us to gather anonymous information. If you choose to decline cookies, you may not be able to fully experience the features of this website. Data Security Information you submit via our website is stored on a system located in the United States and is not publicly accessible. This is necessary in order to provide our services to you. Information submitted by you may be transferred to other locations which are situated outside the United States, but will only be used for the purposes outlined in this privacy policy and in accordance with these data security guidelines. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we take reasonable precautions and have security measures in place to protect the loss, misuse and alteration of the information under our control. Additionally, sensitive data is encrypted using industry standard measures to provide an additional level of security. Although we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information. We are not responsible for any breach of its security or for the actions of any third parties that may obtain any personal information. You are prohibited from violating or attempting to violate security for or otherwise interfering with the operation of the website. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SECURITY OR INTEGRITY OF THE WEBSITE AND YOUR PERSONAL INFORMATION. External Links This website may contain links to other websites. Please note that when you click on one of these links, you are entering another site. Links to other websites do not imply endorsement of the materials disseminated at those websites. We encourage you to read the privacy statements of these linked websites as their privacy policy may differ from ours. We are not responsible for the materials contained at any website linked to this website. Choice/Opt-Out If you have registered to receive email or text message communications from us and later change your mind, you may contact us to have your name removed from our distribution lists at the email address below. In connection with specific services, programs or offerings, by agreeing to participate you are generally agreeing to receive communications from us regarding other services, programs and special offering offered by us or by third parties. If you provide information and there is no mechanism to allow you to affirmatively opt-in, you agree that by providing the requested information and your email address, you have agreed to receive future communications from us. You are responsible for contacting us or clicking a link provided in the email if you wish to opt-out of further communications. Updating Your Data To update your personal data or information, or to make corrections, you can do so by sending us the update via email to support@rexpay.com. Certain jurisdictions allow you to request certain information regarding how we use your personal information. To make such a request, please send an email to support@rexpay.com. Governing Law and Enforcement of Privacy Policy Use of this website is governed by United States law and the laws of the State of Arizona, without regarding conflicts of law provisions, and the application of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If you are accessing the website or services from a physical location outside of the United States with laws or regulations governing personal data collection, use, and disclosure that are different from United States laws, you agree that by accessing the website or services, you are transferring your personal information to the United States and you consent to the application of the laws of the United States and the State of Arizona with respect to use of the website, services, and any dispute regarding the website, services, or this privacy policy. You further consent to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona. If any provision of this privacy policy is held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any applicable law, the validity of the remaining portions or provisions shall remain in full force and effect. California Do Not Track Disclosures The Company does not respond to Do Not Track (DNT) signals. Some third party sites may track your actions when you are browsing and accessing content. Various browsers offer a DNT option that sends a signal to third parties that you do not want to be tracked. For More Information - If you have any questions, concerns, or comments about this privacy policy, please contact support@rexpay.com via email.