Last updated: December 2024 These Terms and Conditions (“Terms”) are an agreement between you and Male Excel Inc. dba Excel Medical (“Excel Medical” “we,” “our,” and “us”). These Terms govern your use and access to our website www.maleexcel.com, www.femexcel.com, www.excelmedical.com, www.excelmedicallabs.com, any associated websites [and mobile applications operated by Excel Medical], and any services provided by Excel Medical, each as accessed from time to time by you and regardless of if your use is in connection with an account or not (collectively, the “Services”). DO NOT ACCESS THE SERVICES FOR EMERGENCY. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. MANDATORY ARBITRATION NOTICE: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION IN SECTION 14 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND EXCEL MEDICAL ARE EACH GIVING UP RIGHTS TO BRING CLAIMS AGAINST EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: WHILE THERE ARE IMPORTANT POINTS THROUGHOUT THESE TERMS, PLEASE NOTE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY ARE EXPLAINED IN SECTIONS 12 AND 13. Please read these Terms carefully. By checking a box or clicking “I accept”, “I agree”, or similar when the option is presented to you, or by accessing or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by and comply with these Terms. If you do not or cannot agree with any part of these terms, you are not allowed to use the Services.

1. Important Notices and Disclaimers

Your Relationship with Excel Medical. EXCEL MEDICAL IS NOT A HEALTHCARE PROVIDER. Excel Medical does not offer medical advice or diagnoses or engage in the practice of medicine or any other licensed profession. Excel Medical provides a technology platform for registered users to access certain products and services, including laboratory services performed by our affiliated laboratory, AEMA Labs [Inc.] (“Lab”), and telehealth services provided by our affiliated professional entities: Male Excel Medical P.A., Male Excel Medical of California, P.C., Male Excel Medical of Delaware, P.A., Male Excel Medical of Kansas, P.C., and Male Excel Medical of New Jersey, P.C. (“Medical Group”). While Excel Medical contracts with and provides certain management and administrative services for and on behalf of the Medical Group, each affiliated professional entity in the Medical Group is independently owned by a licensed physician, not Excel Medical. Access to Telehealth Services. You may use the Services to connect via telehealth with health care professionals who practice through the Medical Group. Providers provide medical services, and each Provider exercises independent medical judgment in the delivery of care or advice through the Services. Although Excel Medical facilitates your communications and other interactions with Providers, Excel Medical does not provide medical services and the physician-patient relationship is between you and your Provider. Your interactions with the providers via the Services are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. You acknowledge that Providers may determine that the Program is not appropriate for you or your treatment needs, and any Provider may elect to not provide clinical services to you through the Services for any reason, including if your Provider determines in their professional judgment that clinical services are not medically or ethically appropriate. All references to the Medical Group in this Agreement shall be deemed to include all Providers. Excel Medical itself does not provide any health care services nor does Excel Medical exercise control or direction over the means, methods, or manner by which the Medical Group or any Provider exercises professional judgment in the provision of clinical services. Similarly, Excel Medical does not recommend or endorse any specific Providers, tests, medications, products, or procedures and is not responsible for the quality or appropriateness of the care any Provider renders to you. Except for communications related to your specific health and wellness that you received from a Provider, THE INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS CONSULT WITH YOUR HEALTHCARE PROVIDER REGARDING QUESTIONS YOU HAVE ABOUT ANY MEDICAL CONDITION BEFORE MAKING HEALTHCARE DECISIONS. Testing Services. The Services enable you to purchase laboratory testing services provided by the Lab (“Test Services”). If you order Test Services, we will send you a sample collection kit (” Collection Kit”). We encourage you to carefully read all of the notices and instructions (“Instructions”) included in the Collection Kit. You are responsible for collecting all biological samples (“Samples”) sending the Sample(s) directly to the Lab in accordance with the Instructions. If you do not provide an adequate Sample or utilize the Collection Kit, or provide it in a manner that is contraindicated or not consistent with any Instructions, or do not return the Sample within the timeframe set forth in the Instructions, the Lab may not be able to process your Sample or such action may result in inaccurate and unreliable readings of the Sample. In the event the Lab determines that a Sample is not suitable for testing due to the content of the Sample or because the Sample may have been submitted in contravention of the Instructions or these Terms and Conditions, we and the Lab may send a second Collection Kit in our sole discretion. Additional fees may apply. By sending us a Sample, you consent to undergo the related Test Services, represent and warrant that you have read all relevant Instructions and packaging materials provided with the Collection Kit, and authorize us to transmit your information to the Lab, the Medical Group, and other health providers you identify. If you are unsure or if you require any further information, you agree to contact us or a licensed healthcare professional for further information. Prescription Fulfillment Services. Your Provider may prescribe certain medications for you in connection with the Telehealth services you access through the Services. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers. If a Provider determines a prescription is appropriate for you and writes a prescription, the Provider will limit supply based on state regulations and will only prescribe a medication as determined in the Provider’s own discretion and professional judgment. If you receive a prescription, it will be filled by one of the third-party pharmacies we have contracted with to fill and ship prescriptions (collectively, the “Pharmacies”). To ensure quality, consistency, safety, and compliance with our BHRT treatment protocols, we will not be able to send your prescription, if applicable, to a different pharmacy. You acknowledge that the Pharmacies will not ship your medication in any child-resistant packaging and it is your responsibility to keep your order out of the reach of children. Availability. We provide the Services for use only by persons located in the United States. Certain Services are only available to individuals located in certain states. Access to the Services may not be legal by certain persons or in certain states or countries. If you access the Services from outside the United States or a state in which we operate, you do so at your own risk and you are solely responsible for compliance with local laws, including export laws as applicable. Eligibility; Representations and Warranties. The Services are offered and available to users who are 18 years of age or older. If you are not 18 years of age or older, you must not access or use the Services. You acknowledge that satisfying the age requirement does not guarantee that you will receive access to the Services and that Excel Medical or the Medical Group may establish other eligibility requirements. As a condition to using or accessing the Services, you represent and warrant that:

• you have fully read and understand these Terms;
• you have the legal power and authority to agree to these Terms and have neither falsely identified yourself nor provided any false information to gain access to the Services; and
• you are located in a state where we operate and, if you receive telehealth services from a Provider, you are physically located in the state you select in the Services or otherwise confirm to your Provider as your current location at the time of your receipt of such telehealth services.

Updates to these Terms. We are constantly changing and improving our Services. We reserve the right to add or remove functionalities, content, or features, and we may suspend or stop the Services altogether with or without notice to you. We also reserve the right, at any time in our sole discretion, to modify these Terms. We will inform you of any changes to these Terms by any reasonable means, including by posting those changes on the Services. Any modifications will be effective immediately upon posting on the Services. By continuing to use the Services after we post revised Terms to the Services, you will be deemed to have accepted the revised Terms. The “Last Updated” legend at the end of these Terms indicates the date on which the Terms were last updated. Privacy. Please review our Privacy Notice for information about how we collect, use, and disclose your personal information.

2. Registration and Account Creation

Although certain parts of the Services are accessible without creating an account, you may be required to create an account to access and use other parts of the Services. If you create an account, you agree to provide information that is current, accurate, and complete, and to maintain and update such information. If you do not maintain such information, or Excel Medical has reasonable grounds to suspect as much, Excel Medical has the right to suspend or terminate your account and your use of the Services. You agree to keep your username and password confidential. 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 are responsible for changing your password promptly if you think it has been compromised. You also agree to immediately notify Excel Medical 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 Excel Medical at support@femexcel.com. You are responsible for all activities that occur under your account. Excel Medical may take any and all actions it deems necessary or reasonable to maintain the security of the Services.

3. Communication Preferences; Electronic Notices and Signatures

By creating an account and providing your phone number and email address, you consent to receive electronic communications (e.g., via email to the email address you provide, text message to a mobile phone number you provide, or by posting notices to the Services) from Excel Medical, the Medical Group, and the Pharmacies. These communications may include operational notices about your account (e.g., password changes and other transactional information) and are part of your relationship with us. You may incur data, call-time or messaging charges from your communication providers in connection with communications from Excel Medical. You may opt-out of text messages by following the instructions in the text message. You acknowledge that text messages, phone calls and emails may be unencrypted and carry some risk that the information in the messages, including information about your health, could be read by an unauthorized person. You further acknowledge and agree that Excel Medical and the Medical Group cannot guarantee the security and confidentiality of the unencrypted communications that we send to you and are not responsible for any unauthorized access that occurs during or after the transmission of the communications to you. You agree that any notices, agreements, disclosures, or other communications that Excel Medical or the Medical Group send to you electronically will satisfy any legal communication requirements, including that such communications be in writing, and you consent and agree that your use of your finger, a keypad, mouse, or other device to select an item, button, icon, or similar act while using the Services, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures, or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. You should maintain copies of electronic communications from us by printing a paper copy, saving an electronic copy, or both. Further, you agree that no certification authority or other third-party verification is necessary to establish the validity of your electronic signature and that the lack of such certification or third-party verification will not affect the enforceability of your signature or any resulting contract between you and us.

4. Payments and Terms of Sale

No Insurance Accepted; Notice of Financial Responsibility. Excel Medical and the Medical Group do not accept commercial health insurance plans and are not enrolled in federal or state healthcare programs, such as Medicare and Medicaid. If you are covered by a government health plan, please consult with a provider who participates in such plans. By choosing to use the Services, you are specifically choosing to obtain products and services From the Medical Group on a cash-pay basis outside of any commercial health insurance plan or federal or state health care program, and you are solely responsible for the costs of any services or products provided to you through the Services. You agree that neither you nor the Lab, Medical Group or Pharmacies will submit a claim for reimbursement to any federal or state healthcare program or commercial payor for the costs of the services and products provided to you through the Services.  Payments. You agree to pay all fees, including any fees that we collect on behalf of the Medical Group or Pharmacies, at the fees and pursuant to any additional payment terms presented to you when engaging in such transactions. Prices are subject to change at any point in our sole discretion. When you make a purchase, you may be asked to supply certain information relevant to the transaction, including, without limitation, your payment card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By entering your payment and other information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due, including recurring fees associated with Subscription Services (as defined below). If your credit card expires or Excel Medical, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. You are responsible for keeping your payment information (such as credit card number and billing address) accurate and up to date at all times. Subscription Services. Certain products or services offered on the Services may be offered on a subscription basis (“Subscription Services”). FOR SUBSCRIPTION SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED AT REGULAR INTERVALS AS DESCRIBED DURING THE CHECKOUT PROCESS FOR THE APPLICABLE SUBSCRIPTION SERVICES AND YOU AUTHORIZE US TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD. YOU MAY CANCEL A SUBSCRIPTION AT ANY TIME, AND THE CANCELLATION WILL TAKE EFFECT AS DESCRIBED IN OUR CANCELLATION POLICY.  Taxes. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through the Services. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. We will collect applicable Taxes if we determine we have a duty to collect Taxes, but we are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.  Terms of Sale. All products offered for sale by Excel Medical, the Medical Group, or Pharmacies are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time. We do not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on or through our Services. You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Services, risk of loss or damage to a product passes to you upon delivery of the product to the designated carrier. YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH THE SERVICES, ALL SALES ARE FINAL AND ANY APPLICABLE FEES AND OTHER CHARGES, INCLUDING FEES FOR SUBSCRIPTION SERVICES, ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. We reserve the right to remedy customer issues and concerns on a case-by-case basis based on the facts and circumstances of each customer.

5. Ownership and License to Use the Services

Ownership. As between Excel Medical and you, Excel Medical is the sole and exclusive owner of all right, title and interest in and to the Services and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel) (the “Services Content”), and any associated copyrights, patents, or other protected or unprotected intellectual property rights. You are not permitted to reproduce, publish, distribute, modify, reverse engineer, disassemble, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Services or Services Content except as permitted by these Terms or otherwise by Excel Medical expressly in writing. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Services or Services Content shall be owned solely and exclusively by Excel Medical or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Services or Services Content. Marks. Certain names, logos, and other materials displayed in and through the Services may constitute trademarks, trade names, service marks or logos of Excel Medical, its affiliates, or the Medical Group or Pharmacies (“Marks”). You are not authorized to use any such Marks without the express written permission of Excel Medical. Ownership of all such Marks and the goodwill associated therewith remains with us, our affiliates, or the Medical Group or Pharmacies. Your License. Subject to your compliance with these Terms, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Services and Services Content solely for your personal and non-commercial use and only as permitted under these Terms. No other right, title, or interest in or to the Services or Services Content is transferred to you, and all rights not expressly granted are reserved by Excel Medical or its licensors. Feedback. If you provide any Feedback to Excel Medical in connection with the Services, you hereby grant to Excel Medical a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Feedback, in any format or media now known or hereafter developed, and for any purpose. You acknowledge and agree that Feedback is not confidential, and that Excel Medical is free to use any Feedback for any purpose. “Feedback” means ideas, concepts, feedback, and know-how that you make available to us in connection with the Services.

6. User Content

We may, but are not obligated to, review any information you provide through the Services, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, or suggestions/Feedback. To the extent necessary or required by law, you hereby grant Excel Medical the right and license to, use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any User Content for the purposes of providing Services to you and for any other purpose permitted by law. You represent and warrant that you have all the rights necessary to provide User Content to Excel Medical and grant the rights in this section. We may delete or remove your User Content (without notice) from any of the Services in our sole discretion.

7. Restrictions on Use

You agree that in using or accessing the Services, you will not, and will not attempt to:

• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

• Violate any local, state, national or international law (including export laws).

• Reverse engineer, disassemble, decompile, or translate any software or other components of the Services.

• Distribute, input, upload, transmit, 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 the Services, or any other system, device, or property.

• Access or use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party.

• Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services.

• License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services, Service Content, or User Content other than as expressly permitted herein.

• Create or develop competing products or services or for any other purpose that is to Excel Medical’s detriment or commercial disadvantage.

• Damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner the Services, Service Content, or User Content, in whole or in part.

• Use framing techniques to enclose any trademark, logo, or the Services without our express prior written consent.

• Post, transmit or otherwise disseminate any content that, as we determine at our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, violent, demeaning, intimidating, discriminatory, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights, (ii) is derogatory or harmful to our reputation, the reputation of our licensors, the Medical Group, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner; or (v) attempts to obtain the personal information of other users.

• Harm, harass, threaten, abuse, defame, demean, discriminate against, or intimidate any other user of the Services, as we determine in our sole discretion.

• Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the Services or any computer network.

• Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by Excel Medical or any of our service providers to protect the Services.

• 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 the Services or any Services Content or User Content.

• Use any manual process or automated device to monitor or copy any content made available on or through the Services for any unauthorized purpose except as permitted herein.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

• 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 Excel Medical or third-party content from the Services.

• Otherwise use the Services in any manner that exceeds the scope of use granted herein.

• Encourage or enable any other individual to do any of the foregoing.

We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

8. Copyright Notices

Excel Medical reserves the right to remove any content or any other material or information available on or through our Services, at any time, for any reason Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Services, you may submit a notification to our Designated Agent at the following address: Copyright Agent Male Excel Inc. 809 Westmere Ave, Suite A Charlotte, NC 28208 Phone: +1 (833) 625 3392 ext. 305 Email: support@femexcel.com. Any notification to Excel Medical under 17 U.S.C. § 512(c) alleging copyright infringement must include all of the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed.

• An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works.

• An identification of the content or material that you claim is infringing and where it is located on our Services.

• Information sufficient for Excel Medical to contact you, such as your address, telephone number, and/or 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.

• 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.

9. Third-Party Links and Features on the Services

The Services may contain hyperlinks, plug-ins, products, or features operated by third parties (“External Links”). Such External Links are not under our control, and we are not responsible for the information, products or services described by, or for the content or features of, any such External Links. We are providing these External Links to you only as a convenience, and the inclusion of any External Links does not necessarily imply endorsement of the External Links by us or any association with its operators. Your use of these External Links is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to the operators of any External Links. 

10. Termination

We may terminate or suspend any of the rights granted by these Terms and your access to and use of the Services with or without prior notice, for any reason, and at any time, including for violations of these Terms. The following provisions, and any other provision which by its nature should survive termination, will survive the expiration or termination of these Terms for any reason whatsoever: Ownership and License to Use the Services; User Content; Indemnification; Disclaimer of Warranties; Limitation of Liability; Governing Law, Dispute Resolution, and Arbitration; and Miscellaneous Terms.

11. Indemnification

You agree to indemnify, defend, and hold harmless Excel Medical and its subsidiaries, affiliates, service providers, licensors, and suppliers (including the Medical Group and Pharmacies), and all of their officers, directors, managers, partners, members, employees, contractors, agents, successors and assigns (collectively, “Related Persons”), from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from: (i) your use of the Services, the Services Content, or other materials or features available on the Services, (ii) your User Content, (iii) your fraud, violation of law, negligence, or willful misconduct, or (iv) your breach of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent.

12. Disclaimer of Warranties

THE SERVICES AND SERVICES CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEL MEDICAL AND ITS RELATED PERSONS MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. YOU ACKNOWLEDGE THAT ANY SERVICES CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES ARE USED AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EXCEL MEDICAL NOR ANY OF ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE SERVICES AND SERVICES CONTENT. FURTHERMORE, EXCEL MEDICAL DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND EXCEL MEDICAL DISCLAIMS ANY LIABILITY RELATING THERETO.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EXCEL MEDICAL OR ITS RELATED PERSONS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SERVICES OR ANY SERVICES CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. THIS IS TRUE EVEN IF EXCEL MEDICAL OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT WILL EXCEL MEDICAL OR ITS RELATED PERSONS’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE GREATER OF (1) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (2) $100. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as in this section. Accordingly, some of these limitations may not apply to you in their entirety. If you are a resident of a U.S. state that permits the exclusion of these warranties and liabilities, then the limitations in this section specifically do apply to you.

14. Governing Law, Dispute Resolution, and Arbitration

IMPORTANT NOTE: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND EXCEL MEDICAL AND THE MEDICAL GROUP TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EXCEL MEDICAL OR AND THE MEDICAL GROUP. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EXCEL MEDICAL AND THE MEDICAL GROUP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. Governing Law. These Terms and your use of the Services shall be governed by the laws of the State of North Carolina, without giving effect to the principles of conflict of laws. Subject to the requirement to arbitrate set forth in this Section [14], exclusive jurisdiction for all disputes that do not require arbitration will be the state and federal courts located in Charlotte, North Carolina, and you consent to the jurisdiction of those courts. Informal Dispute Resolution. You agree to first attempt to resolve any dispute, claim or controversy (whether involving contract, tort, equitable, statutory, or any other legal theory) with Excel Medical or the Medical Group arising out of or relating to these Terms, the Services, or the services provided by the Medical Group through the Services (“Dispute”) informally by contacting legal@excelmedical.com with a description of the Dispute. If we cannot resolve your Dispute informally within 30 days, you and we each agree to a dispute resolution process requiring individual arbitration as set forth in this section. AGREEMENT TO ARBITRATE. You agree that any Disputes that you and Excel Medical or the Medical Group are unable to resolve informally will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at legal@excelmedical.com  or by regular mail to the address set forth in the “Contact Information” section below within thirty (30) days following the date you first accept these Terms, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you and we are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in [Charlotte, North Carolina]. All other claims will be arbitrated. Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Governing Law; Dispute Resolution; Arbitration” section. (The AAA Rules are available at https://www.adr.org/Rules.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for a Demand for Arbitration for California residents. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Arbitration Location and Procedure. Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Arbitrators Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.  Changes. Notwithstanding anything to the contrary in these Terms, if we change this “Dispute Resolution” section after the date you accepted these Terms or access our Services, you may reject any such change by sending us written notice (including by email to support@femexcel.com.) within 30 days of the date such change became effective, as indicated in the “Effective Date” listed at the beginning of these Terms or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you accepted these Terms or accessed our Services. No Class Actions. YOU AND EXCEL MEDICAL AND THE MEDICAL GROUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Excel Medical or the Medical Group agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. Severability. All parts of these Terms apply to the maximum extent permitted by law. Excel Medical and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

15. Miscellaneous Terms

No waiver. No waiver by Excel Medical of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Excel Medical to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. No agency relationship. Neither these Terms, nor any Services Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way. Force Majeure. We will not be deemed to be in breach of these Terms or liable for any breach of these Terms due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disasters. Remedies. You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity. Assignment. You may not assign any of your rights under these Terms, and any such attempt will be null and void. Excel Medical and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of the business of Excel Medical is transferred to another entity by way of merger, sale of its assets, or otherwise. Notice for California Users. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This release includes the criminal acts of others. Headings. The heading references herein are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof. Entire Agreement. These terms are the entire agreement between you and Excel Medical relating to the Services and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with Excel Medical.

16. Contact Us

If you have any questions about these Terms, please contact us at: Male Excel Inc. dba Excel Medical 809 Westmere Ave, Suite A Charlotte, NC 28208 Phone: +1 (833) 625 3392  ext. 305 Email: support@femexcel.com