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These Terms of Use are a contract between you and MD Revolution, Inc., a Delaware corporation with a principle place of business at 9191 Towne Centre Dr #510, San Diego, CA 92122 (“MD Revolution”). MD Revolution operates www.mdrevolution.com website, RevUp, and associated mobile applications (“Apps”), features and services (collectively, with any successor websites, the “Services”). By using the Services, you are agreeing to be bound by the following terms and conditions (“Terms of Use”). If you do not agree to these Terms of Use, do not use the Services.

1. Eligibility

The Services are directed towards users who reside in the United States of America. If you are visiting from outside the United States there may be special rules or limitations regarding your use of the Services. We do not intend to gather personally identifiable information from individuals residing outside of the United States.

2. Privacy; Additional Terms

You confirm that you have read and accept our Privacy Policy. The Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms of Use. Your use of the Services is subject to any additional terms, rules, or guidelines applicable to the Services or certain features of the Services that we may post and you may accept (the “Additional Terms”), such as end user license agreements for our downloadable applications, subject to Section 12 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, the Terms

3. Medical Advice

You should never use the Services as a substitute for a thorough and complete discussion with your doctor about a medical condition or health problem you may have, and you should not rely solely on the Services when choosing a treatment plan or evaluating any other medical advice regarding any disease or medical condition. MD Revolution and its licensors strongly urge that you consult with a physician in connection with any and all medical decisions, including testing, diagnosis and treatment options that may be available to you and independently verify any information on which you intend to rely with respect to such decisions. In using the App and the Services, you agree that neither MD Revolution nor any other party is or will be liable or otherwise responsible for any decision made or any action taken or any action not taken due to your use or reliance on any information presented as part of the Services or as a result of using the Apps.

4. Ownership of Content

The Services are owned and operated by MD Revolution. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Services (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Services are the property of MD Revolution or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, logos and service marks displayed on the Services, whether registered or unregistered, are owned exclusively by MD Revolution or its affiliates and/or other third parties. Nothing contained in these Terms of Use, nor your use of the Materials, shall be construed as granting you any license or right in or to any trademark, logo, or service mark. MD Revolution reserves all rights not expressly granted in this Terms of Use.

5. License

MD Revolution hereby grants you a nontransferable, nonexclusive license to use the Services and the Materials contained on the Services solely for your own personal, non-commercial use, and information. You may download and/or print a single copy of any of the Materials contained herein for your personal use; however, you shall not otherwise reproduce, display, publish, distribute, sell, license, or modify the Materials or incorporate the Materials into other documents, websites, or publications.

6. Termination

MD Revolution reserves the right to limit, suspend or terminate your account and/or your access and use of the Services at any time without notice and remove and discard all or any part of your account and user profile. You agree that MD Revolution will not be liable to you or any third party for any such limitation, suspension or termination. Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms of Use, (iii) any policy or site of MD Revolution in operating the Services, or (iv) any content or information transmitted through the Services, is to terminate your account. You may terminate your use of the Services at any time by deleting your account and discontinuing use of any and all parts of the Services.

7. Prohibited Conduct

As a condition to your use of the Services, you agree not to: use the Services for any purposes other than to access Materials; rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials; impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity; delete the copyright or other proprietary rights on the Services; use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; use the Services if you are under the age of 18 years old; remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services; reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or intentionally interfere with or damage operation of the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

8. User Accounts

When you create an account to use the Services, or otherwise use the Services to download or purchase content or any products, services, or information from MD Revolution, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to MD Revolution on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify MD Revolution.

9. Third-Party Sites, Products and Services; Links

The Services may include links or references to other external websites or services solely as a convenience to users (“Reference Sites”). Links on Reference Sites may lead to resources located on servers maintained by third parties over whom MD Revolution has no control. MD Revolution does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk, and MD Revolution makes no warranties, express, STATUTORY or implied, with respect to the reference sites. You acknowledge and agree that MD Revolution shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, materials, products, or services contained on or accessible through Reference Sites.

10. Disclaimer of Warranties; Limitation of Liabilities

MD Revolution disclaims any and all warranties expressed, statutory or implied with respect to the websites and the materials, including but not limited to any implied warranties of merchantability, non-infringement or third party rights and fitness for a particular purpose. To the fullest extent allowed by applicable law, MD Revolution hereby disclaims, and in no event shall MD Revolution or any party involved in creating or producing the Apps and Services, be liable for any indirect or consequential damages resulting from loss related to the use of the Apps or Services or any materials.

11. Special Considerations for International Use

While MD Revolution has designed the Services for users in the United States, we recognize the global nature of the Internet. As a condition of using the Services, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical and personal data exported from the United States.

12. Modification

We reserve the right, at our discretion, to change this Terms of Use on a going forward basis at any time. Please check the Terms of Use periodically for changes. In the event that a change to the Terms of Use materially modifies your rights or obligations, you will be required to accept such modified terms in order to continue to use the Service. Material modifications are effective upon your acceptance of such the modified Terms of Use. Immaterial modifications are effective upon publication. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Terms of Use in effect that the time the dispute arose.

13. Governing Law; Disputes

This Terms of Use shall be governed in all respects by the laws of the State of California without regard to its conflict of laws provisions. In the event of any controversy or claim arising out of or relating to any provision of this Terms of Use or the breach thereof, the parties will try to settle their differences amicably by themselves. Thereafter, any disagreements that continue for more than sixty (60) days may be submitted for arbitration conducted under the rules and procedures of the Judicial Arbitration and Mediation Service (“JAMS”) by one (1) arbitrator appointed in accordance with said rules. Any such arbitration shall be held in San Diego, California. The arbitrator shall determine what discovery will be permitted, consistent with the goal of limiting the cost and time which the parties must expend for discovery; provided the arbitrator shall permit such discovery as the arbitrator deems necessary to permit an equitable resolution of the dispute. Any written evidence originally in a language other than English shall be submitted in English translation accompanied by the original or a true copy thereof. The costs of the arbitration, including administrative and arbitrator’s fees, shall be shared equally by the parties, and each party shall bear its own costs and attorneys’ and witnesses’ fees incurred in connection with the arbitration. The decision of the arbitrator shall be written, final, non-appealable, conclusive and binding on the parties to the arbitration. Any award may be entered in a court of competent jurisdiction for a judicial recognition of the decision and applicable orders of enforcement. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for injunctive relief or other provisional relief without breach of this Section 13.

14. General

This Terms of Use, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and MD Revolution regarding your use of and access to the Services, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer the Terms of Use or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms of Use at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in the Terms of Use is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of the Terms of Use is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of the Terms of Use, any provision which, by its nature or express terms should survive, will survive such termination or expiration. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought against MD Revolution and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, arising out of or related to use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15. Disclosure

The services hereunder are offered by MD Revolution, Inc., 9191 Towne Centre Dr #510, San Diego, CA 92122 and email: compliance@mdrevolution.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

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