Privacy Policy

Last updated: October 7, 2025

NewAge MD IS CONTEMPLATED FOR SPECIFIC NON-EMERGENCY MEDICAL CONDITIONS AND CONCERNS. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE DIAL 911 OR YOUR LOCAL MEDICAL PROVIDER.

This User Agreement (collectively with NewAge MD's Privacy Policy) applies to your use of all sites (collectively, the "Sites") to which this User Agreement is linked, and the services, features, content or applications (together with the Sites, the "Services") offered by NewAge MD and our affiliated brands and products. The terms "we", "us", "our" and "NewAge MD" refer to NewAge MD a Wyoming corporation with its primary office located in Arizona.Please read this User Agreement carefully as it sets forth the legally binding terms and conditions for your use of our Services.

THIS USER AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION IN SECTION XXI WHICH INCLUDES A CLASS ACTION, CLASS ARBITRATION, AND JURY TRIAL WAIVER. THESE PROVISIONS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THIS AGREEMENT, INCLUDING THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER PROVISION.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES OR WEBSITE.

I. Introduction

These Terms of Use (the "Terms") describe your rights and responsibilities regarding the NewAge MD website ("website" or the "Platform"). In these Terms, "we", "our", "us", and "NewAge MD" collectively refer to NewAge MD LLC and any products, subsidiaries, and affiliations. The terms "you" and "yours" refer to the person using the Platform. Use of the Platform is governed by these Terms and our Privacy Policy. By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be legally bound by and comply with these Terms and our Privacy Policy.

Even though you may have arrived at the Platform through a website operated or controlled by a third party, including by an affiliate of NewAge MD, you understand and agree that these Terms are entered into between you and NewAge MD. You also understand and agree that the Platform and any services provided through these Terms, except the Healthcare Services described herein, are provided by NewAge MD.

You agree that when you use or enter the Platform, you affirmatively consent to conduct business electronically with NewAge MD and engage in health-oriented activities with health professionals and professional entities affiliated with NewAge MD and such processes have the same force and effect as your written signature. You agree and consent to NewAge MD, affiliates, and certain affiliated professional entities sending you disclosures, messages, notices, and other communications to your designated mobile phone and email account. If you do not agree with any of these Terms or our Privacy Policy, you may not use the Platform.

This Agreement establishes the important terms which you need to know and understand as well as the Services which you are requesting.

Intake & Prescription Review

Prescriptions are only approved after a thorough evaluation of the information you provide during the intake process. Our licensed medical providers will review your submitted intake form, which includes your health history and current symptoms, to determine if a prescription is appropriate for your condition. This process ensures that all prescriptions are issued in accordance with clinical guidelines and patient safety standards. We are committed to ensuring that our services are used responsibly and that our patients receive the highest quality of care. A prescription will not be prescribed or dispensed prior to the provision of care by a licensed medical professional.

PHI Handling and Telehealth Privacy Compliance

NewAge MD is committed to protecting the privacy and security of your Protected Health Information (PHI) in accordance with the Health Insurance Portability and Accountability Act (HIPAA) and other applicable laws. We have implemented robust physical, technical, and administrative safeguards to ensure the confidentiality, integrity, and availability of your PHI. Our telehealth platform uses secure, encrypted communication channels for all interactions between you and our healthcare providers. We will not use or disclose your PHI for any purpose other than providing you with our services, and as permitted or required by law. For more detailed information about our privacy practices, please review our complete Privacy Policy.

Adverse Events or Data Requests

For any questions, concerns, or reports regarding adverse events related to your medication or treatment, or to submit a data request, please contact us at:

Email: [email protected] Phone: 201-581-4160 Mailing Address: 7691 E Highland Road, Cave Creek AZ 85331

We are committed to addressing your concerns promptly and in accordance with all applicable laws and regulations.

II. Modification of Terms

This agreement is subject to changes as explained below.

We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third-party. You should check the Terms from time to time when you use the Platform to determine if any changes have been made. You can determine when the Terms were last revised by referring to the "Last Updated" notation above. If you use the Platform after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Platform.

III. Description of NewAge MD

You understand and agree that the Platform is intended to facilitate the following services (the "Services"): (a) the development and gathering of healthcare records and information with retention of the same for use in medical provider encounters and communications; (b) administrative support in connection with scheduling and payment for Healthcare Services; (c) administrative support in connection with coordinating optional fulfillment and payment for prescription medications ordered or prescribed by medical providers performing Healthcare Services; and (d) telecommunications and technology support for using the Platform as a means of direct access to medical providers provided by affiliated professional entities for communication, consultations, assessments, and treatment by such medical providers.

You understand that the Platform gathers unique information from you to enable an affiliated medical provider through the Healthcare Services to determine whether a prescription or a diagnostic test is indicated and appropriate for you, including applicable health information (such as your past and present health conditions, medications, and blood pressure), diagnostic tests, as applicable, and personal information (such as your name, location and demographic information) (collectively, "Your Information"). You further understand and agree that after reviewing Your Information, the medical provider, in his or her independent professional judgment, will determine whether to prescribe you medication, other treatment, or, alternatively, recommend that you consult with alternative clinical resources (the "Healthcare Services").

You give us consent to send and disclose to the affiliated professional entities and their medical providers all of Your Information so that you may be assessed and possibly receive Healthcare Services.

Further, you consent to our delivery of Your Information to NewAge MD affiliated and unaffiliated pharmacies, laboratories, and other diagnostic testing companies as part of coordinating desired fulfillment and payment for diagnostic testing, prescription medications, and medical devices recommended as part of the Healthcare Services.

All medical providers who deliver Healthcare Services through the Platform are: (i) independent professionals contracted or employed with affiliated professional entities that coordinate with NewAge MD and (ii) solely responsible for such Healthcare Services provided to you.

NewAge MD does not provide any Healthcare Services through the Platform and is not licensed to practice medicine. NewAge MD does not control or interfere with the provision of Healthcare Services by the medical providers and affiliated professional entities, each of whom is independent and solely responsible for the Healthcare Services provided to you. You, therefore, understand and agree that NewAge MD is not responsible for Healthcare Services, or your use of any Healthcare Services provided by a medical provider or affiliated professional entity, including any personal injury or property damage.

By accepting this Agreement, you additionally understand and agree that NewAge MD is not acting as a pharmacy, nor do we control or interfere with any such services. By accepting this Agreement, you understand and agree that you may be entering into a relationship with a pharmacy, pharmacist, and/or pharmacy group or other such relationship with any one or more such third party entities.

Partner Pharmacies

To fulfill prescription orders, New Age MD collaborates with a network of licensed and accredited pharmacy partners. These pharmacies are responsible for compounding, dispensing, and shipping medications prescribed by the healthcare providers on our platform.

Integrity Compounding Pharmacy

Office: 404.815.1610 | Fax: 404.815.1609 Address: 8601 Dunwoody Place Suite 750, Sandy Springs, GA 30350 Website: www.mixwithintegrity.com

Center City Pharmacy

Office: 561.559.0047 Address: 416 Clematis St., West Palm, FL 33401 Website: https://www.centercityrx503a.com/

Striker Pharmacy

Office: 832.437.8624 Address: 1330 Pin Oak Rd., Katy, TX 77494 Website: https://strikerrx.com/

IV. Eligibility

In order to use the Services through the Platform, the following must be true:

You are at least 18 years of age or older. You live in the United States and in a state or territory where the Services are available. You agree to be legally bound by and comply with these Terms of Use. You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software to use the Platform. Fees and charges may apply to your use of the mobile services and to the Internet.

You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through the Platform. In addition to the above requirements, NewAge MD and its affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you. Further, medical providers and affiliated professional entities delivering the Healthcare Services may, on a case-by-case basis, determine that certain criteria apply to utilizing the Platform for the Healthcare Services or that Healthcare Services are not appropriate in any instance for a particular user. You can obtain more information on the criteria for the Healthcare Services by contacting NewAge MD.com.

V. Availability

Telehealth services available in all states except Connecticut. Partner Pharmacies provide shipping to specific states where licenses are active. Please check each product to ensure your area is available.

VI. Registration, User Accounts, and User Data

Although certain parts of the Platform are accessible by any individual, you are obligated to register with NewAge MD in order to access the Services. The Services are available only to users who have registered with NewAge MD and to other persons affiliated with NewAge MD who have been granted accounts with usernames and passwords. The Platform may not be accessible at any time, for any period, or for any reason, and NewAge MD will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period.

Upon registration of an account, the Platform may contain forms or fields that allow you to enter, submit, or transmit to NewAge MD user information or data ("User Data") on or through the Platform. You understand and agree that any User Data provided by you on or through the Platform may be used, copied, or displayed by NewAge MD. NewAge MD may create derivative works of any such data, and NewAge MD may provide such data to our service providers, our successors and assigns, and medical providers and their affiliated professional entities, in performance of the Services.

You grant NewAge MD, our service providers, our successors and assigns, and medical providers and their affiliated professional entities, the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third-parties any User Data you submit on or through the Platform for the purposes of providing the Services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of NewAge MD using such data.

VII. Your Responsibilities and Acknowledgment

As a condition of your use of the Services through the Platform, you agree to the following:

All Your Information provided through the Platform is accurate, complete, and correct, and you will accurately maintain and update any of Your Information that you have provided to NewAge MD. Your permission to use the Platform is personal (the Platform will be used only by you), and your identification information is accurate and truthful. You agree to keep confidential your username and password and that you will exit from your account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone or create more than one account. You may not use anyone else's account at any time. You agree to immediately notify NewAge MD of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Services by emailing NewAge MD.com.

You may be asked to provide additional information to NewAge MD, its affiliated professional entities, or applicable medical provider(s) for the purpose of providing Healthcare Services or fulfilling a prescription. You may elect to withhold requested information; however, if you do so, you may not use the Platform or any other related services.

You understand and agree that provision of Healthcare Services through the Platform depends on the completeness and accuracy of Your Information. NewAge MD is unable to verify all of Your Information, therefore, NewAge MD is not responsible for any consequences if Your Information is inaccurate or incomplete. If Your Information is inaccurate, incomplete, or not maintained; or NewAge MD has reasonable grounds to suspect as much, NewAge MD has the right to suspend or terminate your account and your use of the Services. In addition, NewAge MD may take any and all actions it deems necessary or reasonable to maintain the security of the Platform, Services, and your Secure User account.

VIII. Restrictions on Use

You will not use, or encourage, or permit others to use, our Platform except as expressly permitted in these Terms. You will not:

Use or attempt to use the Platform or the Services for any other person than yourself. Access or use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable local, state, or federal law or regulation, or is prohibited by these Terms. "Jailbreak" your mobile operating system. The Platform is intended for use only on a mobile phone that runs an unmodified manufacturer-approved operating system. Using the Platform on a mobile phone with a modified operating system may undermine security features that are intended to protect your protected health information (PHI) from unauthorized or unintended disclosure. You may compromise your PHI if you use the Platform on a mobile phone that has been modified. Use of the Platform on a mobile phone with a modified operating system is a material breach of these Terms. License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Platform or related materials in any way. Use or access the Platform to create or develop competing products or services or for any other purpose that is detrimental to NewAge MD or puts NewAge MD at a commercial disadvantage. Take any action or use the Platform in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Platform or any content, in whole or in part. Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Platform or any computer network. Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by NewAge MD or any of our service providers to protect our Platform. Input, upload, transmit, distribute, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Platform, or any other system, device, or property. Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Platform or any content made available to you on or through our Platform. Use any manual process or automated device to monitor or copy any content made available on or through our Platform for any unauthorized purpose except as permitted in Section XIII (Privacy) below. Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to NewAge MD or third-party content from the Platform; or Encourage or enable any other individual to do any of the foregoing.

IX. Licensing

Subject to your compliance with these Terms, NewAge MD grants you a personal, limited, revocable, nonexclusive, and non-transferable license to view, download, access, and use the Platform and its content, solely for your personal and non-commercial use. No other right, title, or interest in or to the Platform is transferred to you, and all rights not expressly granted are reserved by NewAge MD and its licensors. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any such content for commercial use.

X. Disclaimer of Limited Healthcare Services

The Platform is structured for use specific to certain health care services and is not, and should not, be considered, or used as comprehensive medical advice, care, diagnosis, or treatment.

Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding general personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug, or medication.

XI. Telehealth Consent

Telehealth uses electronic communications, information technology, and other means to connect patients in one location and licensed, certified, or registered healthcare professionals in another location regarding a clinical matter. Though Telehealth carries potential benefits, like any medical procedure, it also carries potential risks. Please review the full Telehealth Informed Consent (Medical Consent) which informs you about the treatment methods, risks, and limitations of utilizing Telehealth to meet your health and wellness needs. In order to receive Health Care Services, you will be required to agree to the Telehealth Informed Consent regarding the use of Telehealth.

By using the Services, you agree and acknowledge that NewAge MD is a beneficiary of the Medical Consent and has the right to enforcement.

XII. Payment

When you submit Your Information for Health Care Services, you agree to pay all fees due. By entering your payment information and submitting your request, you authorise us, our affiliates, or our third-party payment processors to charge the amount due. If you receive a medical consultation, medical consult fees are not subject to or eligible for a refund. We cannot accept returns of prescription products for reuse or resale, and all sales are final. If you believe we have made an error please message us through your NewAge MD portal.

You understand and agree that you are responsible for all fees associated with the Services, including any fees charged by medical providers and affiliated professional entities. When you use the Service, you will see a charge for the amount of your selected product or service. For subscription products or services, your payment method will be charged on a recurring basis, as selected by you. You may cancel your subscription at any time by logging into your account and following the cancellation procedures, or by contacting us at [email protected]. All charges are non-refundable.

XIII. Privacy

NewAge MD understands the importance of confidentiality and privacy regarding Your Information. Please see our Privacy Policy for a description of how we may collect, use, and disclose Your Information in connection with the Platform. By using the Services, you agree and acknowledge that our Privacy Policy is a part of these Terms.

XIV. Intellectual Property

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by NewAge MD, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform except as generally and ordinarily permitted through the Platform according to these Terms. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

XV. Third-Party Links and Content

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

XVI. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM AND THE HEALTHCARE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NewAge MD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.

XVII. Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL NewAge MD OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

XVIII. Indemnification

You agree to indemnify, defend, and hold NewAge MD and any of its Related Persons, licensors, and suppliers harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys' fees and costs, arising from or related to: (i) any breach by you of these Terms, (ii) your use of material or features available on the Platform in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.

XIX. Modifications to the Platform

NewAge MD reserves the right at any time and for any reason to modify, temporarily, or permanently discontinue, the Platform, or any portion thereof, with or without notice. You agree that NewAge MD shall not be liable to you and to any third party for any modification, suspension, or discontinuance of the Platform.

XX. Suspension and Termination of Rights

The Terms will remain in full force and effect as long as you continue to access or use the Platform. You may terminate the Terms at any time by discontinuing use of the Platform. Your permission to use the Platform automatically terminates if you violate these Terms.

We may terminate or suspend any of the rights granted by these Terms and your access to our Platform with or without prior notice, at any time, and for any reason. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Class Action Waiver; and Miscellaneous.

Subject to applicable law, NewAge MD reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Platform pursuant to its internal record retention and/or content destruction policies. After any termination, NewAge MD will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or required to provide you with continuing care under our applicable legal, ethical, and professional obligations to you.

XXI. Governing Law; Dispute Resolution; Arbitration

YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US (INCLUDING DISPUTES RELATED TO THIS USER AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY), WILL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. YOU AND WE EACH AGREE THAT CLASS OR REPRESENTATIVE ARBITRATIONS, AS WELL AS CLASS OR REPRESENTATIVE ACTIONS, ARE NOT PERMITTED UNDER ANY CIRCUMSTANCES, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

You and we each agree that you and we are further waiving our respective rights to sue or go to court to assert or defend our rights under this User Agreement. You and we each agree that the Federal Arbitration Act and federal arbitration governs the interpretation and enforcement of this provision.

Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other NewAge MD users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.

Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.

You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your NewAge MD account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them to NewAge MD.com.

Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your NewAge MD account, a detailed description of the dispute, and the relief you seek.

Any Notice of Dispute you send to us should be sent to NewAge MD.com.

Before arbitration commences, we will send you a Notice of Dispute to the email address you use with your NewAge MD account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.

The costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.

For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the State of Arizona, Maricopa County. You also agree to submit to the personal jurisdiction of these courts for the purpose of litigating any such claim.

The laws of the State of Arizona, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

Governing Law. The Platform is controlled and operated by Us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. These Terms will be governed by the laws of the State of Arizona without regard to conflicts of law principles.

Arbitration Agreement. You and NewAge MD agree that all claims and disputes relating in any way to your use of our Platform, or arising out of or in connection with these Terms, shall be resolved by binding arbitration, to the fullest extent permitted by applicable law, on an individual basis, except for disputes which can be resolved in small claims court, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time you first agree to these Terms. You also agree that any arbitration will take place in Maricopa County, Arizona.

Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and NewAge MD will be initiated through the American Arbitration Association ("AAA") and will be governed by the AAA Consumer Arbitration Rules. The AAA Rules and filing forms are available at www.adr.org.

Waiver of Jury Trial.

IN THE EVENT ARBITRATION IS CONTRARY TO APPLICABLE LAW, YOU AND NewAge MD WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

You and NewAge MD are instead electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

No Class Arbitrations, Class Actions, or Representative Actions. YOU AND NewAge MD AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND NewAge MD AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER NewAge MD USERS.

This Mandatory Arbitration will survive the termination of your relationship with us.

XXII. Copyright Infringement

NewAge MD reserves the right to remove any content or any other material or information available on or through our Platform, at any time, for any reason. NewAge MD otherwise complies with the provisions of the Digital Millennium Copyright Act ("DMCA") applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section XXII describes the procedure that should be followed to file a notification of alleged copyright infringement with NewAge MD.

Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Platform, you may submit a notification to our Designated Agent at NewAge MD.com

Any notification to NewAge MD under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Platform; Your address, telephone number, and email address; A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf.

XXIII. Miscellaneous

The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter herein. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.

XXIV. Contact Information

If you have any questions or concerns about this Privacy Policy or our privacy practices, you may contact our Privacy Officer directly:

Email: [email protected] Phone: 201-581-4160 Mailing Address: 7691 E Highland Road, Cave Creek AZ 85331