NiHowdy Terms of Use

These Terms and Conditions were last updated on June 6, 2023.

1. INTRODUCTION

These Terms of Use (“Terms of Use,” “Terms,” or “Agreement”) govern your use of all websites (including but not limited to www.nihowdy.com), applications, content, products, services, mobile-based applications, and social media channels (individually and collectively each, the “Platform” or “Platforms”) operated by NiHowdy Tech., Inc., a Delaware corporation, and its parent, subsidiaries, and affiliated companies (collectively, “NiHowdy,” “we,” “us,” or “our”). Further, these Terms apply to all online visitors to any Platform, and persons who sign up and are a Member or obtain Membership (defined in Section 2). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND NIHOWDY.

By viewing or using any Platform, creating an account, or becoming a Member, you (“you,” “your,” or User”) confirm your agreement to be bound by these Terms, including the information set forth in our privacy policy, located www.nihowdy.com/privacy (the “Privacy Policy”). Further, you expressly represent that you are legally competent to enter into this agreement and agree to be bound by these Terms. NiHowdy reserves the right to make any changes, from time to time, to these Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) without prior notification to you. It is your responsibility to review these Terms periodically. If we make changes to our Terms of Use or Privacy Policy and you continue to use our Platforms, or maintaining Membership with NiHowdy, you are impliedly agreeing to the Terms of Use expressed herein and our Privacy Policy. If you do not agree to these outlined Terms, your only recourse is to discontinue use of all Platforms operated by NiHowdy and cancel any current Membership or refrain from obtaining Membership. If you do not agree to be bound by these Terms, you may not use any Platform or become a Member.

If your use of any Platform or Membership is terminated for any reason, then: (a) these Terms will continue to apply and be binding upon you in respect of your prior use of the Platforms or Membership (and any unauthorized further use of the Membership), including your indemnification obligations; and (b) any rights or licenses granted to us under these Terms will survive such termination.

IMPORTANT: PLEASE REVIEW THE ARBITRATION CLAUSE SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH NIHOWDY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

2. MEMBERSHIP

By signing up for and being approved by NiHowdy to use the NiHowdy prescription discount program or prescription savings card to purchase prescriptions, you become a member of the NiHowdy prescription discount program (“Member” or “Membership”). To become a Member, you may be required to enter your physician information, prescription information, prescribing doctor information, date of birth, zip code, home address, email address, Coinbase wallet address, cryptocurrency wallet address, phone number and/or other identifying information. NiHowdy will create a form of savings card, digital or printable, that must be shown at a participating pharmacy to receive Rewards (defined below). Each time a purchase is made through a NiHowdy Membership, you may earn a specified amount of Bitcoin based upon the difference in the retail cost of the prescription and amount of the prescription discount (the “Reward”). These rewards will be added in one location identified for purposes of this Agreement as your “Rewards “Rewards Wallet”. NiHowdy does not guarantee any amount of Rewards as such Rewards are subject to adjustments. In order to claim Rewards, you will be required to pass certain third-party certification in order to claim such Rewards, including, but not limited to, a “Know Your Customer” process which may be processed and certified through the use of Third-Party Websites, including but not limited to onfido.com. Further, in order to claim Rewards, you will be required to link your cryptocurrency wallet, including, but not limited to, Coinbase wallets, through the use of Third-Party Websites, including but not limited to coinbase.com, in order to claim any Rewards. Failure to pass the Know Your Customer certification or link a cryptocurrency wallet may result in the delay or loss of Rewards or disallow you from claiming any Rewards. The minimum amount that you may withdraw from your Rewards Wallet to an external wallet that is not a Coinbase wallet is an amount equivalent to $10.00 USD in Bitcoin, calculated using Bitcoin’s current market price at the time of withdrawal request. If withdrawing from your Rewards Wallet to a Coinbase account, such withdrawal will not require the prior stated $10.00 USD minimum.

Users who obtain a NiHowdy account or Membership shall be permitted to utilize their account for the benefit of a pet or a family member if such medication being purchased is being purchased “out-of-pocket” by the Member and the purchase is made utilizing the identification number associated with the Member.

Any claiming of Rewards may be subject to delays, due to processing times or other factors. NiHowdy does not guarantee your ability to claim Rewards nor does NiHowdy guarantee that any such claim of Rewards will occur in any specified time period. NiHowdy anticipates that it will take approximately thirty (30) days for a transaction to clear, and after a transaction clears, NiHowdy anticipates that it will take approximately an additional two (2) weeks for a Member to be eligible to withdraw a Reward. However, the processing times in the preceding sentences are estimates only and any and all transactions may be subject to delays, due to processing times or other factors. Consequently, NiHowdy does not guarantee your ability to withdrawal Rewards, nor does NiHowdy guarantee that any such withdrawal of Rewards will occur in any specified timeframe.

The price you will pay for prescriptions, or other products, will be the lesser of (a) the participating pharmacy’s “usual and customary” price (e.g., the retail price); and (b) our discounted price. For purposes of clarification, this means that if the participating pharmacy’s pricing is better than NiHowdy’s discounted price, there will be no applicable discount through use of your Membership, and consequently there will be no Reward.

NiHowdy will provide an ability to search prescription drugs, but NiHowdy does not guarantee or warrant the validity of information provided as a result of such search of prescription drugs. Further, Membership will also give you access to your NiHowdy account which may contain a prescription history of prior searched an purchased prescriptions, you acknowledge that there may be some risk that the information in the communication(s) could be read by a third party.

THE NIHOWDY PRESCRIPTION DISCOUNT PROGRAM IS NOT INSURANCE. The NiHowdy prescription discount is not insurance, it is not a Medicare prescription drug plan, nor is it an insurance card, health insurance policy, substitute for health insurance, or insurance application. The range of prescription discounts and Rewards provided under this discount program will vary depending on the prescription and pharmacy where the prescription is purchased and can be up to $95 off the retail price. You are fully responsible for paying for your prescriptions at the pharmacy at the time of service/purchase, but you will be entitled to receive a discount from the pharmacy in accordance with the specific pre-negotiated discounted rate schedule. Glic Health LLC is the Administrator of the NiHowdy prescription discount program with its office located at One Marina Park Drive, Suite 1410, Boston MA 02210, Toll Free at (844) 944-4542 and email at support@glichealth.com. For additional information, including an up-to-date list of pharmacies and covered drugs, or assistance with any problems related to this prescription drug discount plan, please contact our member support line toll free at (800) 999-3053 or visit nihowdy.com. By using the NiHowdy prescription discount program or app, you agree to these Terms. NiHowdy does not provide payment to the pharmacy or your doctor/physician or make any other payments to your health care provider(s). NIHOWDY DOES NOT PROVIDE MEDICAL, DENTAL, OR OTHER PROFESSIONAL ADVICE OR SERVICES. If you have or suspect that you have a medical problem or condition, please contact a qualified ‎health care professional immediately.‎ Always seek the advice of your physician or ‎other qualified health professionals or provider(s) with any questions you may have regarding a ‎medical condition or medication. Never disregard professional medical advice or delay in seeking it ‎due to Membership, NiHowdy will not be liable for any such delays you may make based upon Membership.

By using the NiHowdy prescription discount program, Membership, or Platform, you agree to be bound by, and adhere to, these NiHowdy Terms and Conditions, found at nihowdy.com/terms.Glic Health LLC is only the administrator of the underlying prescription discount program and is not involved with the Bitcoin, cryptocurrency or other incentives offered by NiHowdy. Glic Health LLC makes no representations whatsoever with respect to any incentives provided to the User by NiHowdy, including, without limitation, whether any cryptocurrency received as a result of using the discount program/Membership has any current value or whether it can or will appreciate in value in the future. For more information regarding the NiHowdy prescription discount program, you can visit nihowdy.com/program-description.

You may cancel your Membership at any time by contacting and requesting termination from support@nihowdy.com. You agree that your Membership is not terminated unless and until you have received email verification from NiHowdy confirming the termination of your Membership.

3. INFORMATION, DESCRIPTIONS, PRICING AND PHARMACIES

Product Descriptions.In describing and portraying prescriptions available through a Membership through our Platforms, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability from time to time without prior notice. In addition, it is your responsibility to verify the cost of the prescription at the participating pharmacy prior to purchasing.
Pricing Per Quantity/Name.All prices are only for quantities stated, a change in quantities may incur different costs. All prices are also only for the name stated. Prices may vary between drug names (i.e., between the generic and brand name), participating pharmacies, or for any other factors. Any and all prices and related discounts or Rewards are subject to change at any time without notice and at the sole discretion of NiHowdy.
Participating Pharmacies.. Discounts and/or Rewards are available only at participating pharmacies. Participating pharmacies are subject to change without notice. The plan is not protected by any state Life and Health Guaranty Association. NiHowdy has no liability for providing or guaranteeing pharmacy services or for the quality of pharmacy services rendered.
Availability.. Discounts and/or Rewards are not available where prohibited by law.

4. PERSONAL INFORMATION/PRIVACY POLICY

Some features of the Platforms or Membership may require you to register as a Member, and to receive NiHowdy authorization before you can use particular features. While you may view, access, and/or use some of the functionality of any Platform without registration, specific tools and services on the Platforms require registration and your submission of certain information. You agree that you will not create more than one account or create an account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of any Platform, you agree to provide accurate, current, and complete information when and as required for accessing and/or using any Platform or obtaining Membership. If you provide any information that is untrue, inaccurate, not current, incomplete, or misleading, or if NiHowdy has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or misleading, NiHowdy reserves the right to terminate your account and suspend your use of any Platform and/or Membership. If your account is terminated, then you may lose any and all Rewards accumulated in your account.

You shall at all times remain responsible for maintaining the confidentiality of any account, any Platform or Membership, username, password, and any other related security information. NiHowdy will not be liable for any loss that you incur as a result of someone else accessing or using your account, either with or without your knowledge.

The NiHowdy’s Privacy Policy explains how your personally identifiable information, health information, and other relevant information is collected, used, and disclosed. You agree to be bound by the terms of NiHowdy’s Privacy Policy which can be found at the following link: www.nihowdy.com/privacy. We respect your privacy and will use information provided by you only in accordance with this Agreement and the Privacy Policy.

5. USE AND RESTRICTIONS

The Platforms may be accessed and used only by individuals who are 13 years of age or older, and who are not barred from using any Platform under applicable laws. You may access and use any Platform only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that NiHowdy, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of any Platform and/or Membership. Using the Membership to purchase prescriptions may only be done by individuals 18 and older who can legally enter into binding agreements. You acknowledge and agree that upon termination of your account by NiHowdy, you may lose any and all Rewards accumulated in your account.

NiHowdy makes no representation that the Platforms, the content of the Platforms, or the services or Membership available through any Platform are appropriate for, or accessible to, users outside of the United States, or in all locations within the United States. Use of the Platforms and Membership is limited to residents of the United States with a physical presence in the United States, you are prohibited from using or accessing the Platforms from any location outside of the United States. If you access any Platform or Membership from outside the United States in violation of these Terms, you do so on your own initiative, and are responsible for compliance with all applicable laws in the jurisdiction from which you view, access, and/or use any Platform or Membership.

NiHowdy, the Platforms, and Membership, are based in the United States and, regardless of where you view, access, or use any Platform or Membership, any information collected as part of that access or use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence or the location where you are viewing, accessing, or using any Platform or Membership. By accessing and/or using any Platform or Membership, you consent to the capture, collection, transfer, transmission, storage, processing, and use your information in and to the United States. These terms expressly prohibit you from accessing or using the Platforms from any country outside of the United States.

In compliance with any and all applicable regulations, laws and statutes, health care providers shall not be allowed to, and shall not, create a NiHowdy account nor attempt to obtain Membership and earn NiHowdy Rewards, including but not limited to any earning of Bitcoin as Reward. Such actions by a health care provider may result in a violation of applicable regulations, laws and statutes.

6. PROHIBITED CONDUCT

By using any Platform or Membership, you agree not to use any Platform or Membership in any manner that does or constitutes any of the following:

Impairs, modifies, limits, prohibits, interferes with, disrupts, damages, or breaches the functionality of, access to, or use of any Platform or Membership, services connected to any Platform or Membership, or any systems, databases, or networks that support any Platform or Membership.
Violates or circumvents the security or security features or functionality of any Platform or Membership.
Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary rights of any other person or entity.
Links to materials or other content to which you do not have a right to link.
Violates confidentiality when communications are meant to be confidential.
Copies, modifies, creates a derivative work of, reverse engineers, decompiles, or otherwise attempts to extract the source code of the software underlying any Platform or Membership, or any portion thereof.
Consists of any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Is false, inaccurate, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, profane, sexually oriented, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, as determined by NiHowdy in our sole discretion.
Accesses, or attempts to access, data, information, accounts, servers, software, hardware, files, or equipment which you are not authorized to access.
Violates, or encourages another party to violate, these Terms of Use or our Privacy Policy.
Violates, or encourages another party to violate, any applicable law, regulation, or order.
Utilization of Membership in conjunction with any other prescription drug discount cards.

7. USER CONTRIBUTIONS

The Platforms may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, testimonials, or other interactive features that allow users to post contributions (“User Contributions”). User Contributions must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, inaccurate, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other protected class.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary rights of any other person or entity.
Violate the legal rights (including the rights of publicity and privacy) of others.
Contain any material that could give rise to criminal or civil liability under applicable laws or regulations or that otherwise may conflict with these Terms of Use or our Privacy Policy.
Be likely to deceive.
Promote any illegal activity, or advocate, promote, or assist in any unlawful act.
Be likely to cause annoyance, inconvenience, duress, distress, discomfort, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other promotions, bartering or advertising not approved in advance in writing by NiHowdy.
Give the impression that they emanate from or are endorsed by NiHowdy or any other person or entity if this is not the case.
Result in the unauthorized disclosure of the personal information of any other person.
Constitute electioneering, such as exhortations to vote for or against any candidate for public office.

User Contributions available on the Platforms have not necessarily been reviewed or approved by NiHowdy and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any such contributions. Any views or opinions expressed through User Contributions belong solely to the users who shared the contributions and not to NiHowdy. Your reliance on any User Contributions is done entirely at your own risk. You understand and agree that NiHowdy is not responsible for, and shall have no liability related to, any User Contributions, including your reliance on such contributions. Further, under no circumstances shall any User Contributions be considered an endorsement of, or a referral to, any health care provider, or an endorsement of any product or service by NiHowdy.

8. MONITORING AND ENFORCEMENT

NiHowdy has the right to:

Disclose your identity or other information about you to a third party who, in NiHowdy’s sole discretion, reasonably claims that material posted by you violates the third party’s rights, including his, her or its intellectual property rights or privacy rights.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of any Platform or Membership and/or the content of any Platform or Membership.
Terminate or suspend your access to all or part of any Platform or Membership for any or no reason, in the sole discretion of NiHowdy, including without limitation, any violation of these Terms of Use or the Privacy Policy.
Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through any Platform.
Remove or refuse to post any User Contribution for any or no reason in the sole discretion of NiHowdy.
Take any action with respect to any User Contribution that NiHowdy deems necessary or appropriate in the sole discretion of NiHowdy.

9. THIRD PARTIES/THIRD PARTY WEBSITES AND SERVICES

The Platforms may provide links to third-party websites that are not owned or controlled by NiHowdy, including but not limited to coinbase.com and onfido.com (the “Third-Party Websites”). We provide such links solely as a convenience, for rewards or reward withdrawal, and for other informational purposes. We do not review, approve, endorse, or make any representations about such Third-Party Websites, the companies or persons who own and/or operate them, or any information, content, software or other products and services made available through such Third-Party Websites, or any results that may be obtained from using them. If you decide to access any such Third-Party Websites linked to any Platform, you are solely responsible for your activities conducted in connection with such Third-Party Websites. Your use of Third-Party Websites is subject to the terms of use and privacy policies located on the Third-Party Websites which may be different from this Agreement or our Privacy Policy and, therefore, we recommend that you review such Third-Party Website privacy policies. Your interactions with other users of any Platform are solely between you and the other users. You agree that NiHowdy will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any third party’s use or disclosure of personally identifiable information supplied to such third party by you. You further acknowledge and agree that we are not responsible if any Third-Party Website or company removes content, reviews, or information from the Internet.

NiHowdy may run advertisements and promotions from Third-Party Websites on any Platform. Your correspondence or business dealings with, or participation in promotions of, advertisers other than NiHowdy found on or through the Platforms, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. NiHowdy is not responsible or liable for any damages or costs of any sort arising from or relating to any such dealings, or as the result of the presence of such non-NiHowdy advertisements or promotions on any Platform. Advertisers on any Platform may collect information from you while you are using the Platforms in accordance with the terms of our Privacy Policy.

10. INTELLECTUAL PROPERTY RIGHTS

The Platforms and Membership and their content, features, and functionality, including, without limitation, information, text, graphics, drawings, logos, button icons, images, videos, streaming images, audio files, streaming audio, data compilations, and the design, selection, and arrangement thereof (collectively, the“Intellectual Property”), are the exclusive property of NiHowdy, our licensors, and other third parties, and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.

NiHowdy is providing you with access to the Platforms and Membership pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You may use any Platform and Membership for personal, non-commercial use, subject to these Terms of Use. This license is available to you provided that you are not barred from any Platform or Membership by applicable law and your access is not terminated by us. If these Terms of Use are not enforceable where you are located, you may not use any Platform or Membership. NiHowdy reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

You may download information from any Platform or Membership and print out a hard copy for your personal, non-commercial use, provided that you keep intact and do not remove or alter any copyright or other notice contained thereon. Except as otherwise stated herein, you may not reproduce, modify, publicly display, publicly perform, store, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works from, any of the Intellectual Property, in whole or in part, of any Platform or Membership, with the exception of any individualized discount card information specific to your account or Membership. Any use of the Intellectual Property not expressly permitted by these Terms of Use is a breach of these Terms and may violate copyright, trademark, and other applicable laws. Any unauthorized use of any Platform or Membership or the Intellectual Property shall automatically terminate the limited licenses set forth in these Terms of Use without prejudice to any other remedy provided by applicable law. You agree to comply with reasonable written requests from NiHowdy to help us protect our proprietary and intellectual property rights.

If you wish to make any use of the Intellectual Property or any other content or material on any Platform other than as set out in these Terms of Use, please contact us through the methods provided in the “Contact Information” section below.

We respect the intellectual property rights of others, and request that you do the same. Accordingly, we have adopted a policy to respond to notices of claimed infringement and to terminate, in appropriate circumstances, the accounts of users who are repeat copyright infringers. If you believe that your copyright or the copyright of a person or entity on whose behalf you are authorized to act has been infringed, please contact us through the methods provided in the “Contact Information” section below.

In your notice, please provide the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright.
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, including but not limited to the URL.
Your address, telephone number, and email address.
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

11. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR USE OF THE PLATFORMS, MEMBERSHIP, CONTENT, THIRD-PARTY CONTENT, LINKS, AND THIRD-PARTY WEBSITES, INCLUDING BUT NOT LIMITED TO COINBASE.COM and ONFIDO.COM, IS AT YOUR SOLE RISK. THE PLATFORMS, MEMBERSHIP, CONTENT, THIRD-PARTY CONTENT, LINKS, AND THIRD-PARTY WEBSITES AND RELATED SERVICES AND FEATURES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AS TO: (A) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; (B) RESULTS TO BE DERIVED FROM THE USE OF ANY PLATFORM OR MEMBERSHIP; (C) WHETHER THE CONTENT AND THIRD-PARTY CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING, OR TIMELY; AND (D) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN ANY PLATFORM OR MEMBERSHIP, CONTENT, AND THIRD-PARTY CONTENT. WE DO NOT REPRESENT, COVENANT, OR WARRANT THAT ACCESS TO THE PLATFORMS WILL BE UNINTERRUPTED, ERROR- FREE, OR SECURE.

WITHOUT LIMITING THE FOREGOING, NONE OF THE NIHOWDY PARTIES NOR ANYONE ASSOCIATED WITH THE NIHOWDY PARTIES REPRESENTS OR WARRANTS THAT THE PLATFORMS, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED WITH THE FACILITATION OF THE PLATFORMS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORMS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH OR WITH THE FACILITATION OF THE PLATFORMS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

REFERENCE TO ANY PRODUCT OR SERVICE OF ANY THIRD PARTY DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY NIHOWDY. THE VIEWS AND OPINIONS OF USERS OF ANY PLATFORM DO NOT NECESSARILY STATE OR REFLECT THE VIEWS AND OPINIONS OF NIHOWDY.

NIHOWDY DOES NOT WARRANTY, GUARANTEE OR REPRESENT THAT ANY SUCH POTENTIAL DISCOUNTS WILL PROVIDE THE LOWEST PRICE AVAILABLE TO YOU AS THERE ARE A WIDE RANGE OF DISCOUNTS THAT VARY DEPENDING ON THE PRESCRIPTION DRUG, OR OTHER PRODUCTS, AND THE PARTICIPATING PHARMACY. FURTHER NIHOWDY DOES NOT WARRANTY, GUARANTEE OR REPRESENT THAT YOU WILL BE ABLE TO CLAIM ANY REWARDS OR THAT CLAIMING SUCH REWARDS WILL NOT BE SUBJECT TO DELAY NOR DOES NIHOWDY WARRANTY, GUARANTEE, OR REPRESENT THE AMOUNT OF ANY DISCOUNT OR REWARD. NIHOWDY DOES NOT WARRANTY, GUARANTEE, OR REPRESENT THAT ANY INFORMATION PROVIDED BY IT IS PROFESSIONAL, DENTAL OR MEDICAL ADVICE.

NIHOWDY MAKES NO REPRESENTATION IN THIS AGREEMENT WITH REGARDS TO THE PRICING AND/OR VALUE OF BITCOIN IN THE FUTURE. YOU ARE SOLELY RESPONSIBLE FOR THE REPORTING AND PAYMENT OF ANY FEDERAL, STATE, LOCAL, AND FOREIGN TAXES THAT MAY BE DUE ON THE RECEIPT OF REWARDS AND SELLING ANY BITCOIN RECEIVED AS A RESULT OF YOUR MEMBERSHIP.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, NIHOWDY AND ITS AFFILIATES, PARENT COMPANY, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, MEMBERS, OFFICERS, DIRECTORS, AND OTHER REPRESENTATIVES, (ALL OF THE FOREGOING BEING COLLECTIVELY, “NIHOWDY PARTIES”), DISCLAIM AND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE) (“DAMAGES”) ARISING OUT OF OR IN CONNECTION WITH ANY PLATFORM OR MEMBERSHIP, OR THE CONTENT OF ANY PLATFORM OR MEMBERSHIP, EVEN IF NIHOWDY HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE ANY PLATFORM; MEMBERSHIP; ANY WEBSITE, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO ANY PLATFORM OR MEMBERSHIP; ANY CONTENT ON THE PLATFORMS OR SUCH OTHER WEBSITES, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO SUCH CONTENT; OR ANY SERVICES OR ITEMS OBTAINED THROUGH ANY PLATFORM OR MEMBERSHIP OR THROUGH SUCH OTHER WEBSITES, SOCIAL MEDIA CHANNELS, OR APPLICATIONS LINKED TO ANY PLATFORM; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM ANY PLATFORM OR MEMBERSHIP; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ANY PLATFORM, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (D) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE; (E) LOSS OF USE OF ANY REWARD WALLET OR CRYPTOCURRENCY WALLET, INCLUDING BUT NOT LIMITED TO COINBASE, OR INABILITY TO RECOVER, OR LOSS OF, REWARDS OR CRYPTOCURRENCIES, INCLUDING BUT NOT LIMITED TO BITCOIN; (F) DELAYS, LOSS OF, OR INABILITY IN CLAIMING OR WITHDRAWING ANY REWARD, OR BITCOIN, OR BEING AWARDED SUCH REWARD, OR BITCOIN; (G) THE USE OF ANY THIRD PARTY SITES; (H) ANY DISCREPANCY IN THE AMOUNT OF ANY REWARD OR REWARD AMOUNT ADJUSTMENTS RESULTING IN LESSER OR NO REWARD; (I) FAILURE TO PASS A KNOW YOUR CUSTOMER CERTIFICATION; (J) FAILURE TO LINK A CRYPTOCURRENCY WALLET, INCLUDING BUT NOT LIMITED TO COINBASE WALLETS; (K) LOSSES OR DAMAGES AS A RESULT OF INCOMPLETE, INCORRECT OR INVALID INFORMATION RELATED TO PRESCRIPTION DRUGS PRESENTED BY NIHOWDY; (L) LOSSES AS A RESULT OF YOUR REWARD WALLET HOLDING LESS THAN THE MINIMUM AMOUNT REQUIRED FOR WITHDRAWAL RESULTING IN YOUR INABILITY TO WTHDRAW REWARDS; (M) YOUR INABILITY TO CLAIM REWARDS; (P) THE LOSS OF ANY CRYPTOCURRENCY, INCLUDING WITHOUT LIMITATION BITCOIN, YOU DEPOSIT IN ANY CRYPTOCURRENCY WALLET; (O) THE LOSS OF, OR UNAUTHORIZED ACCESS BY ANY PERSON TO, THE PRIVATE KEYS OF YOUR CRYPTOCURRENCY WALLET; OR (O) THIRD PARTY ACCESS TO YOUR MEMBERSHIP, PRESCRIPTION HISTORY, PRESCRIPTION INFORMATION, OR PERSONALLY IDENTIFIABLE INFORMATION.

NIHOWDY SHALL NOT BE LIABLE NOR RESPONSIBLE FOR ANY DAMAGES OR PENALTIES INCURRED AS A RESULT OF ANY HEALTH CARE PROVIDER APPLYING FOR OR OBTAINING A NIHOWDY MEMBERSHIP AND/OR ACCOUNT AND OBTAINING NIHOWDY REWARDS.

NIHOWDY SHALL NOT BE LIABLE NOR RESPONSIBLE FOR ANY DAMAGES SUFFERED BY ANY USER RESULTING FROM ANY CHANGE IN PRICING OR VALUE OF BITCOIN IN THE FUTURE.

13. CHOICE OF LAW; DISPUTE RESOLUTION; CLASS ACTION WAIVER

Choice of Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed in accordance with the laws of the State of California without regards to its conflicts of laws principles.
Dispute Resolution; Arbitration. Except as prohibited by law, any dispute or controversy regarding the enforcement or interpretation of this Agreement will be resolved through binding arbitration under the Comprehensive Arbitration Rules and Procedures of JAMS or pursuant to the JAMS Streamlined Arbitration Rules and Procedures in Santa Clara County, California. THE PARTIES UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES THEY ARE WAIVING ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit the right of NiHowdy to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration. EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE JURISDICTION OF ANY COURT OR JAMS TRIBUNAL IN SANTA CLARA COUNTY TO RESOLVE ANY DISPUTE OR CONTROVERSY ARISING FROM OR RELATING TO THIS AGREEMENT.
Class Action Waiver. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Neither you nor NiHowdy has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.

14. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the NiHowdy Parties from and against any and all damages arising from, incurred as a result of, or in any manner related to (a) your User Contributions or other content posted by you; (b) your use of or connection to any Platform or Membership (including any use by you on behalf of your employer, a family member, a friend, or a pet, and any use by third parties under your accounts); (c) your use of any Platform content; and/or (d) your violation of these Terms of Use. NiHowdy may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect NiHowdy’s rights or obligations shall be made without NiHowdy’s prior written approval. NiHowdy reserves the right, at NiHowdy’s own expense and on notice to you, to assume exclusive defense and control of any such claim or action.

Any health care provider who violates these Terms and Conditions by attempting to obtain, or obtaining, a NiHowdy Membership or account in order to obtain NiHowdy Rewards shall be solely liable for any penalties or damages resulting from such unpermitted action and shall defend, indemnify and hold harmless the NiHowdy Parties from and against any and all penalties, damages, costs (including reasonable attorneys’ fees), and losses arising from such action.

15. MODIFICATION AND TERMINATION

NiHowdy reserves the right to modify these Terms of Use at any time and in its sole discretion. When we do so, we will update the “Last Updated On” date above. By continuing to use any Platform or Membership, or any portion thereof, after we post any such changes, you accept these Terms of Use as modified.

NiHowdy reserves the right at any time, in its sole discretion, to modify, suspend, withdraw, or terminate the Terms, or any services provided through any Platform or Membership (or any part thereof), and/or your use of, or access to, any Platform or Membership, with or without notice. NiHowdy may also delete, restrict, or prohibit your access to, and/or use of, any Platform or Membership, in whole or in part, in the sole discretion of NiHowdy, including if you are a registered user. NiHowdy will not be liable to you or any third party if, for any reason, all or any part of any Platform or Membership are unavailable at any time or for any period of time. NiHowdy will not be liable for any modification, suspension, withdrawal, or termination of the services or content provided through any Platform or Membership, or for the loss of any related information. NiHowdy will not be liable for any unclaimed or lost Rewards as a result of a suspension or termination of your account.

16. MESSAGING SERVICES

NiHowdy may allow users to request and receive offers, newsletters, prescription discounts at participating pharmacies, prescription pricing information, coupons and other marketing and/or promotional campaigns via communications, including but not limited to text messaging and email. By providing us with your contact information, you are consenting to receive the above- mentioned communications from NiHowdy, including being contacted with communications containing prescription-related information and medical information. You acknowledge that there may be some risk that the information in the communication(s) could be read by a third party. NiHowdy provides no warranty for any of the pricing data or other information provided to you via such communications. If you provide us with a third party’s contact information in connection with a messaging service, you represent that you have permission for us to contact such third party, including with certain health-related information. When you use the Membership, or send e-mails, messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

You agree that NiHowdy may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your Membership or otherwise provided to us (such as by sending a coupon to yourself), including for marketing purposes. You agree that NiHowdy may leave a voicemail on any messaging service associated with any phone number provided by you or on your behalf in connection with your Membership, and that such voicemail may contain private information, including health and prescription related information. If you provide us with a third party’s contact information in connection with a messaging service, you represent that you have permission for us to contact such third party by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided, including for marketing purposes. Should you send NiHowdy a direct SMS message through a mobile device, such message constitutes your prior express written consent to receive the messages you request to that SMS device. Message and data rates may apply, and message frequency varies. Carriers are not liable for delayed or undelivered messages. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. Consenting to text messaging isn’t required to use a NiHowdy Membership, and if you prefer not to get text messages, please use email to send yourself information instead. You further understand that you may opt out of receiving marketing text messages from NiHowdy at any time, by texting the word “STOP” to the text message using the mobile device that is receiving the messages. You can also get help directly by contacting us at the email located in “Contact Information” below.

17. CONTACT INFORMATION

The Platforms are operated by NiHowdy. Any feedback, questions, comments, concerns or requests for technical support, and other communications relating to any Platform, Membership or these Terms of Use should be directed to: support@nihowdy.com.

18. GENERAL TERMS

Entire Agreement. These Terms of Use and any documents expressly incorporated herein constitute the entire agreement between you and NiHowdy relating to their subject matter and cancel and supersede any prior versions of these Terms of Use and any other prior or contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platforms and Membership. No modification to these Terms of Use will be binding on NiHowdy, unless in writing and signed by an authorized NiHowdy representative or posted by NiHowdy to any Platform. You may not assign, sublicense, delegate, or otherwise transfer these Terms of Use or any right granted hereunder.
Headings.The headings and captions of this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this contract, or the intent of any provisions hereof.
Equitable Relief.You agree that any material breach of these Terms of Use will result in irreparable harm to NiHowdy for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, NiHowdy will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if NiHowdy seeks such an injunction.
No Waiver. No waiver by NiHowdy or failure to exercise promptly any right of NiHowdy under these Terms of Use will create or be deemed to create a further or continuing waiver or any expectation of non-enforcement.
Time for Claim. YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, MEMBERSHIP, THIS OR ANY OTHER PLATFORMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
Severability. If any provision of these Terms of Use is held invalid, illegal or unenforceable for any reason by any law or regulation of any government, or by any court or arbitrator, such provision shall be replaced with a new provision that accomplishes the original business purpose, or eliminated or limited to the minimum extent necessary, and the other provisions of these Terms of Use will remain in full force and effect.
Electronic Communications.. You consent to receive electronic communications from NiHowdy either in the form of email sent to you at the email address listed on your account or by communications posted on any Platform. You acknowledge and agree that any electronic communication in the form of such email or posting on any Platform shall satisfy any legal requirement that such communication be in writing.