MusculaRx Sports Pharmacy Private Limited ("MusculaRx" or “company” or "we" or “our” or “us”) values your privacy and is committed to protecting your personal information. Having a registered office at No 47/4, North Street, Kattuvannanjur, Sankarapuram (Post & Taluk) Kallakurichi (District), Tamilnadu-606401. India. The Corporate Identity Number (CIN) - U46497TN2024PTC168986.

We operate an online and offline retail store that offers easy access to a wide range of medicines, supplements, sports gear, and other healthcare products. We handle packaging and fulfillment and provide relevant certification for orders. While we strive to provide quality products, we cannot guarantee that our products are entirely free from contamination. We do not take responsibility for the testing and certification processes provided by the manufacturers of the products or any other third parties. These terms and conditions (Terms), including our Privacy Policy and website and/or app terms, govern your use of our website, including purchasing any products and/or services you order. If you submit different terms and conditions (e.g., attached to your purchase order), our terms will take precedence.

Please review these terms carefully before placing any orders with us. Your use of our website and/or app placing an order indicates your acceptance of these terms. If you do not agree with our terms, please refrain from using our website and/or app to place orders with us.

This document ("Terms") constitutes an electronic record per the Information Technology Act, 2000, its relevant rules, and any amended provisions concerning electronic records in various statutes. A computer system generates it and does not necessitate any physical or digital signatures. It is published in compliance with Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021, which mandates the publication of rules, regulations, privacy policies, and terms for accessing or using the MusculaRx website and its mobile applications.

1. General

1.1 Definition of Terms: In these Terms, "You," or "Your," or "User" refers to any natural or legal person who accesses, uses, or subscribes to our website and/or app, agrees to become a buyer on the website and/or app, or avails or offers to avail any of our services.

1.2 Acceptance of Terms:  Your use of the website and/or app is subject to acceptance of all the terms, conditions, and notices contained in these terms, including applicable policies incorporated herein by reference. This includes any amendments or modifications made by MusculaRx at its sole discretion and posted on the website and/or app. You agree to these terms by accessing, using, or subscribing to our website and/or app or services.

1.3 Changes to Terms:  MusculaRx reserves the right to change or modify these terms, or any policy or guideline of the website and/or app, including the Privacy Policy, at any time and at its sole discretion. Any changes will be effective immediately upon posting the revisions on the website and/or app. Your continued website and/or app use confirms your acceptance of such changes or modifications.

1.4 Agreement to Terms:   By using the website and/or app in any way, or merely by browsing the website and/or app, you agree that you have read, understood, and agreed to be bound by these terms, the website and/or app Privacy Policy, and other relevant rules, guidelines, policies, terms, and conditions under applicable laws in India and other jurisdictions.

1.5 Compliance with Laws:  Our website and/or app is operated, and services are provided in compliance with laws in India. MusculaRx is not liable to deliver any products or provide any services purchased by you outside India. If you access our services from locations outside India, you do so at your own risk and are solely liable for compliance with applicable local laws.

1.6 Authorization and Third-party Terms:  The User agrees to use the service to authorize an individual and get the products from the third party on his/her behalf. When using any third-party website or the products or services of any third party, you may be subject to alternative or additional terms and conditions of use and privacy policies.

1.7 Age Requirement:  To use the website and/or app, you must be 18 (eighteen) or older. By visiting the website and/or app or accepting these terms of use, you represent and warrant to MusculaRx that you are 18 (eighteen) years of age or older and have the right, authority, and capacity to use the website and/or app and agree to and abide by these terms of use.

1.8 Applicable Laws:  These terms of use are published in compliance with and are governed by the provisions of Indian laws, including but not limited to:

• The Indian Contract Act, 1872 (“Contract Act”)
• The (Indian) Information Technology Act, 2000 (“IT Act”) and its rules, regulations, guidelines, and clarifications
• The Drugs and Cosmetic Act, 1940 (“Drugs Act”) and the Drugs and Cosmetics Rules, 1945 (“Drugs Rules”)
• The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (“Drugs and Magic Act”)
• The Indian Medical Council Act, 1956, and the Indian Medical Council Rules, 1957
• Pharmacy Act, 1948 (“Pharmacy Act”)
• The Consumer Protection Act, 2019, and Consumer Protection (E-Commerce) Rules, 2020.

2. Our Product and Services

MusculaRx is a platform that serves as an intermediary, facilitating online and offline requisitions by users for the purchase of medicines, wellness products, healthcare products, sports gear, fitness, and muscle-building products, and services offered by various registered third parties ("Products and Services"). These third parties include, but are not limited to, medicines, wellness and healthcare products, fitness equipment suppliers, nutritionists, personal trainers, and wellness coaches.

2.1 Technology Platform for Fitness Products:  MusculaRx facilitates the purchase of fitness equipment, supplements, nutrition plans, and other related products and services offered by third-party suppliers. The platform provides hosting and technology intermediary services to users and visitors. All items offered for sale on MusculaRx, including product descriptions and images, are third-party content and describe products and services provided by these third parties. MusculaRx does not control or guarantee the authenticity, accuracy, or quality of the products and services offered by third-party suppliers. Users acknowledge that any transactions conducted through MusculaRx are between themselves and the third-party suppliers.

2.2 Prescription or Specialized Products:  In certain cases, users may require specialized fitness or supplements that necessitate professional guidance. MusculaRx may require users to provide specific information or documentation to ensure these products' safe and appropriate use. Users may be asked to upload relevant documents or consult with registered fitness experts associated with the platform.

2.3 User Safety and Compliance:  MusculaRx prioritizes user safety and compliance with applicable laws and regulations. Users are responsible for providing accurate information and complying with any requirements by MusculaRx or third-party suppliers. Any misuse or non-compliance may result in the cancellation of orders or suspension of services.

2.4 Consultation and Support Services:  MusculaRx may offer consultation and support services from registered healthcare professionals, fitness experts, nutritionists, or wellness coaches. These services are intended to enhance users' journeys and well-being. Users may use these professionals for personalized advice, training programs, or nutritional guidance.

2.5 Product Descriptions and Illustrations:  Any descriptions or illustrations provided on our website and/or app or other marketing materials are intended solely to give users an approximate idea of our products. While we strive for accuracy, please note that Products may vary slightly from the images or descriptions provided.

2.6 Quality and Contamination:  We do not guarantee that our products are completely free from contamination. Additionally, we do not accept responsibility for the testing certification process provided by the manufacturers of the products or any other third parties. Users should exercise caution and conduct their own research or seek professional advice regarding the quality and safety of our products.

2.7 Disclaimer:  It is important to understand that while we make every effort to ensure the accuracy and quality of our products, we cannot guarantee their suitability for individual needs or circumstances. Users acknowledge that using our products is at their own risk, and we disclaim any liability for any damages, losses, or injuries arising from using our products. Users are encouraged to read product labels, consult with healthcare professionals, and perform their own due diligence before using our products.

3. User Eligibility and Account Usage

3.1 The use of the MusculaRx website and/or app ("Website" and/or “App”) is restricted to individuals who can form legally binding contracts under the Indian Contract Act of 1872. Individuals deemed "incompetent to contract" under the Act, including minors and undischarged insolvents, are not eligible to use the website and/or app or purchase products. Additionally, users suspended or removed from the MusculaRx system cannot access the website and/or app or its services.

3.2 If you do not meet the above eligibility criteria, you cannot place product orders through the website and/or app. By accessing and using the website and/or app, you confirm that you are of legal age to form a binding contract and are not prohibited from entering into contracts under Indian law. However, if you are under the age of eighteen (18) years, you may use the services provided by the website and/or app with the assistance of your legal guardian, in accordance with applicable laws.

3.3 MusculaRx reserves the right to terminate your membership or deny access to the website and/or app if it becomes aware that you are under the age of 18 years. Additionally, MusculaRx may refuse access to new users or terminate access for existing users at any time, without providing reasons, and users shall not have the right to object to such decisions.

3.4 Users can have only one active account on the website and/or app. Furthermore, users are prohibited from selling, trading, or transferring their account to another party. Any violation of these terms may result in the termination of the user's account and access to MusculaRx services.

4.User Account, Password, and Security

4.1 MusculaRx enables users to requisition products and services through the website and/or app by providing certain required user information and creating an account ("Account"). This account information includes, but is not limited to, name, user ID, email address, address, gender, age, phone number, password, and valid finance account information. Users can create an account using a company ID and password or other login ID and password, such as those from Gmail, Yahoo, or any other valid email ID.

4.2 The use of the website and/or app and the transaction and delivery of products may also be subject to additional terms and guidelines ("Additional Terms"). In case of any conflict between the terms and the additional terms, the additional terms shall prevail for that specific service. Users are required to register as a user by creating an account to access the services provided by the website and/or app.

4.3 Users are responsible for maintaining the confidentiality of their account information and are fully responsible for all activities that occur under their account. Users must immediately notify MusculaRx of any unauthorized use of their account or account information, or any other security breaches or non-compliance with applicable laws and guidelines. Users must also ensure they log out from their account at the end of each session.

4.4 MusculaRx will not be liable for any loss or damage arising from the user's failure to comply with security measures. Users may be liable for losses incurred by MusculaRx or other users due to unauthorized account use.

4.5 Users must ensure that the account information provided during registration is true, complete, accurate, and up to date. Using another user's account information to access MusculaRx services is prohibited. Providing false or incomplete information may result in suspending or terminating the user's account.

4.6 Users confirm that they are authorized holders of the credit card or payment instrument used in website and/or app transactions. MusculaRx will not be responsible for any financial loss from misusing the user's ID, password, card number, or account details.

4.7 The Website may use temporary cookies for technical administration, research, and user administration. MusculaRx may also allow authorized third parties to place or recognize cookies on the user's browser for advertising or service optimization purposes without storing personally identifiable information in the cookies.

5. Pricing Information and Payment

MusculaRx offers competitive prices for the products on the website and/or app. The pricing details for the purchase of products are outlined in these terms.

5.1 All commercial terms, including price, delivery, and dispatch of products and/or services, are based on principal-to-principal contractual obligations between the user and third-party providers.

5.2 Your relationship with MusculaRx is on a principal-to-principal basis, acknowledging MusculaRx as an intermediary. MusculaRx does not have control over or liability for, the products or services listed/offered on the website and/or app. MusculaRx does not guarantee the identity of any third parties or the completion of transactions.

5.3 Upon initiating a requisition on the website and/or app, you enter into a legally binding contract with the third party to purchase the products and/or services. Delivery of products requiring a valid prescription is subject to compliance with applicable laws and norms.

5.4 You are entitled to claim a refund in accordance with MusculaRx refund and return policy. Refunds will be made in Indian rupees and subject to your compliance with these terms.

5.5 MusculaRx reserves the right to refuse orders from users with a history of questionable charges or breaches of agreements or policies.

5.6 MusculaRx is not liable for damages resulting from not processing a transaction or any delay in processing.

5.7 Users agree to pay a nominal fee as specified.

5.8 Payment processing for orders is facilitated by banks/payment gateway/payment aggregators/third parties, and MusculaRx is not responsible for any loss or damage incurred during this process.

5.9 Subscription fees for services can be paid online through the website and/or app, with payment processing handled by third parties.

5.10 Users are solely responsible for payment of taxes, legal compliance, and statutory registrations. All fees are exclusive of applicable taxes.

5.11 Payment security measures are implemented, and users can refer to the Privacy Policy for details on how confidential information is used.

5.12 MusculaRx reserves the right to modify the fee structure, with such modifications communicated on the website and/or app.

5.13 Disputes related to third-party services will be settled between users and the respective third parties without involving MusculaRx.

Orders, Price, and Payment

5.14 Please follow our website and/or app instructions to order products (Order). Each order constitutes an offer to buy the specified products subject to these terms.

5.15 Prices are displayed in Rupees (inclusive of GST) and exclude delivery charges, payable separately during checkout.

5.16 You are responsible for ensuring the accuracy and completeness of your order.

5.17 Individual account holders must pay in full when ordering, while business account holders will receive an invoice with payment due within 14 days or as specified.

5.18 We accept your order when we confirm stock availability via email (Order Confirmation), forming a contract between you and us for the confirmed products.

5.19 If we cannot supply the products for any reason, we will notify you and refund the full amount if payment has already been made.

6. User Obligations

6.1 Subject to compliance with these terms, MusculaRx grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the website and/or app and the services provided herein.

6.2 You agree to use the services, website, and/or app, and the materials provided therein only for purposes permitted by the terms and any applicable law, regulation, or generally accepted practices.

6.3 You agree not to access the website and/or app or the products/services by any means other than through the interface provided by MusculaRx. Automated means such as data scrapers, robots, or spiders are prohibited.

6.4 You shall not host, display, upload, modify, publish, transmit, or share any information that violates applicable laws, infringes intellectual property rights, or is harmful, deceptive, or offensive.

6.5 Furthermore, you agree not to:

➙ Defame, abuse, harass, threaten, or violate the legal rights of others.

➙ Impersonate any person or entity or falsely state affiliation.

➙ Publish, post, or distribute inappropriate, defamatory, or unlawful material.

➙ Engage in activities that disrupt access to the website and/or app products or services.

➙ Attempt to gain unauthorized access to the website and/or app or any connected network.

➙ Collect or store data about other users in connection with prohibited conduct.

➙ Use any device or software to interfere with the proper working of the website and/or app.

➙ Violate any applicable laws or regulations.

6.6 MusculaRx reserves the right to review and remove materials posted by users and to terminate access to communication services at any time.

6.7 You acknowledge that MusculaRx is not the owner of the products and acts as a facilitator for their purchase from third parties.

6.8 You agree that MusculaRx may modify or discontinue the website and/or app, products or services at any time.

6.9 Notice and Takedown: If you believe any website and/or app content violates these terms, please notify MusculaRx immediately. Contact MusculaRx, and we will make reasonable efforts to remove objectionable content promptly upon notification.

6.10 Risks Associated with MusculaRx Services: By using MusculaRx services, you agree to these terms and acknowledge the limitations of online medical consultations. The opinions provided may be limited and provisional and not intended to replace face-to-face medical visits. You are responsible for decisions regarding online versus offline consultations and treatments.

6.11 You acknowledge that delays or privacy breaches may occur and agree to these risks associated with MusculaRx services.

6.12 Order Responsibilities

It is your responsibility to ensure that:

➙ Your order details are complete and accurate.

➙ The products or services meet your requirements.

➙ You cooperate with MusculaRx in all product or service matters.

➙ You provide accurate information as required.

6.13 You should conduct your own inquiries and not rely solely on the information MusculaRx provides when making purchasing decisions.

7. Use of Materials

7.1 Unless otherwise indicated in any applicable additional terms, MusculaRx grants you a personal, non-exclusive, revocable (with notice from MusculaRx), non-transferable access to view, download, and print product catalogs or any other materials available on the website and/or app, subject to the following conditions:

➙ You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the terms.

➙ You may not modify or alter the product catalog or other materials on the website and/or app.

➙ You may not distribute, sell, rent, lease, license, or otherwise make the product catalog or any other materials available on the website and/or app available to others.

➙ You may not remove any text, copyright, or other proprietary notices in the product catalog or other materials available on the website and/or app.

7.2 The limited rights granted to you in the product catalog or any other materials specified above do not confer upon you any rights to the design, layout, or look and feel of the website and/or app. Intellectual property rights protect such elements of the website and/or app and may not be copied or imitated in whole or part. The product catalog or any other website and/or app materials shall not be copied or retransmitted unless MusculaRx requires. Any software available on the website and/or app is the property of MusculaRx or third parties. You may not use, download, or install any software available on the website and/or app unless otherwise expressly permitted by these terms or by the express written permission of MusculaRx.

7.3 Purchasing products or services from the website and/or app will be strictly for personal use. You agree that any products or services purchased will not be sold, resold, bartered, or used for commercial or profit purposes. You acknowledge that the Services or products purchased are not transferable to any third party for profit.

8. Usage Conduct

8.1 You are solely responsible for maintaining the computer equipment and internet connections required to access, use, and transact on the website and/or app.

8.2 You agree to use the website and/or app for reasonable and lawful purposes only, and you shall not engage in any activity not envisaged through the website and/or app. The website and/or app and any vouchers/coupons purchased are for personal, non-commercial use only, and you shall not resell them to any other person. Once you subscribe to the website and/or app, you shall use the subscription exclusively to purchase products via the website and/or app. You shall not use the same subscription to fulfill product requirements from other retailers unless the products are supplied for any reason via the website and/or app partner third parties.

9. Intellectual Property Rights

9.1 The website and/or app, its processes, and their selection and arrangement, including all text, graphics, user interfaces, visual interfaces, sounds, music (if any), artwork, and computer code (collectively referred to as the "Content") on the website and/or app, are owned and controlled by MusculaRx. The design, structure, selection, coordination, expression, look and feel, and arrangement of such content are protected by copyright, patent, and trademark laws and various other intellectual property rights.

9.2 The trademarks, logos, and service marks displayed on the website and/or app ("Marks") are the property of MusculaRx or their third-party partners or respective third parties. You are not permitted to use the Marks without the prior consent of MusculaRx and/or the relevant third parties that may own the marks. Unless otherwise indicated or expressly mentioned, MusculaRx owns all intellectual property rights in and to the trademark "MusculaRx," domain name "www.Muscularx.com," and the website and/or app, including copyright, patents, utility models, designs, know-how, trade secrets, inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

9.3 Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce, or distribute any content through any medium without obtaining the necessary authorization from MusculaRx or the third-party owner of such content.

Ownership of Intellectual Property

9.4 We (or our licensors) own all intellectual property rights arising from or in connection with the products and our website and/or app. All such rights are reserved.

9.5 We may publish that we are supplying the products to you. For example, we may put your image or logo on our website and/or app, mentioning that we supply you. At any stage, you can ask us to remove it.

10. Return and Refund Policy

10.1 We do not offer exchanges or refunds if you simply change your mind, make a mistake on your order, or if the product does not meet your performance expectations. However, we may consider exchanges or refunds if you request to cancel the order before dispatch.

10.2 We will provide an exchange or refund if an error has been made with your order.

10.3 This section is not intended to exclude any rights you may have under applicable consumer protection laws.

By utilizing our services and making purchases through our website and/or app, you agree to adhere to the terms outlined in our Return and Refund Policy. If you have any questions or concerns regarding returns, refunds, cancellations, or shipping charges, please refer to our Return and Refund Policy or contact our customer service team for assistance.

11. Disclaimer of Warranties and liabilities

11.1 MusculaRx provides its website and/or app, services, and other products on an "as is" basis, without any warranty of any kind, express, implied, statutory, or otherwise. We make no guarantees regarding the title, non-infringement, merchantability, or fitness for a particular purpose of our website and/or app, services, or products. It's important to note the following:

11.2   We do not warrant that our website and/or app or services will meet your requirements and be uninterrupted, timely, secure, or error-free. We make no guarantees regarding the effectiveness, accuracy, or reliability of the results obtained from using our website and/or app, services, or products. We do not assure that the quality of our website and/or app, services, or products will meet your expectations, or that any errors or defects will be corrected.

11.3   Limitation of Liability: MusculaRx will not be liable for any loss incurred due to unauthorized use of your account or account information on our website and/or app or services, with or without your knowledge. We strive to ensure the accuracy of the information on our website and/or app. Still, we do not warrant or make representations regarding the quality, accuracy, or completeness of any data, information, product, or service provided. We are not liable for any delays, interruptions, or unavailability of our website and/or app or related functionalities, whether due to technical reasons or beyond our control.

11.4 User Content:  We disclaim all liability related to user-generated content, including but not limited to intellectual property rights, libel, privacy, publicity, or obscenity laws. We are not liable for misuse, loss, modification, or unavailability of user-generated content.

11.5 Third-Party Products and Services:  MusculaRx is not responsible for third-party products or services advertised on our website and/or app. We do not endorse or guarantee any third-party products or services' quality, accuracy, or reliability. Your use of our website and/or app is at your own risk, and we shall not be liable for any damages resulting from such use.

11.6 Indemnification and limitation of liability: You agree to indemnify and hold harmless MusculaRx, including its affiliates, vendors, representatives, directors, agents, and employees, from any losses, liabilities, claims, damages, demands, costs, and expenses arising from your breach of these terms or any obligations therein.

Additionally:

11.7 We limit our liability to refunding the money charged for any specific product or service in case of unlikely liability.

11.8 In no event shall MusculaRx or its officers, directors, employees, partners, or suppliers be liable for any special, incidental, indirect, consequential, or punitive damages, including loss of use, data, or profits.

11.9 We are not responsible for any non-performance or breach of contract between users and third-party service providers. We do not mediate disputes between users and third-party service providers.

11.10 These limitations and exclusions apply to the maximum extent permitted by applicable law. MusculaRx does not hold any right, title, or interest over products, nor do we have any obligations or liabilities regarding contracts between users and third-party service providers.

12. Violation of Terms

12.1 MusculaRx reserves the right to terminate your access to our website and/or app and block future access if we determine that you have violated these or any additional terms. Your violation of these terms may constitute an unlawful and unfair business practice, causing irreparable harm to MusculaRx. In such cases, we may seek injunctive or equitable relief and any other remedies available to us under law or equity. We may terminate your access to our website and/or app without prior notice for reasons including, but not limited to:

➙ Requests by law enforcement or government agencies.

➙ Self-initiated account deletions by you.

➙ Discontinuance or material modification of our website or services.

➙ Unexpected technical issues or problems.

12.2 If MusculaRx takes legal action against you due to violating these terms, you agree to pay all reasonable attorneys' fees and costs incurred by MusculaRx in addition to any other relief granted.

Termination:

12.3 These terms will remain in effect until terminated by you or MusculaRx. You may terminate your agreement with MusculaRx by ceasing to access our website and/or app or closing your accounts for all services provided by us, where applicable. MusculaRx may terminate the terms (or any portion thereof) with you at any time, with or without notice, if:

➙ You breach any provisions of these or other applicable terms, conditions, or policies.

➙ Continued provision of services to you becomes unlawful.

➙ Continuation of services to you is no longer commercially viable in MusculaRx's opinion.

➙ MusculaRx elects to discontinue access to our website and/or app or services for any reason.

12.4 Termination of Your Account May Result in:

➙ Removal of access to all offerings within our website and/or app or services.

➙ Deletion of your materials and account information.

➙ Barring further use of our services.

You agree that MusculaRx termination decisions are at our sole discretion, and we shall not be liable to you or any third party for such termination. However, these terms will survive indefinitely unless terminated by MusculaRx. Upon termination, MusculaRx may delete any content or materials related to your use of our website and/or app without liability to you or any third party.

13. Governing law

13.1 These terms and any transactions conducted through the MusculaRx website and/or app, as well as the relationship between you and MusculaRx, shall be governed by the laws of India, without regard to conflict of laws principles.

13.2 You agree that any claims, disputes, or differences arising under, in connection with, or relating to the MusculaRx website and/or app, these terms, or any transactions conducted through the website and/or app shall be exclusively subject to the jurisdiction of the courts in India. By using the MusculaRx website and/or app, you acknowledge and accept the jurisdiction of such courts.

14. Events Outside Our Control

14.1 MusculaRx shall not be held liable or responsible for any failure to perform or delay in any obligations under the contract caused by any act or event beyond our reasonable control (referred to as an "Event Outside Our Control").

14.2 In the event of an Event outside Our Control affecting the performance of our obligations under the Contract:

➙ We will make reasonable efforts to notify you as soon as possible;

➙ Our obligations under the contract will be suspended, and the time for performance will be extended for the duration of the event outside our control. We will coordinate with you to establish a new date for the performance of the products after the event outside our control has concluded.

14.3 You can cancel the contract affected by an event outside our control. To cancel, please get in touch with us. If you choose to cancel, we will refund the price you have paid, minus the charges reasonably and actually incurred by us in performing the products up to the date of the occurrence of the event outside our control.

15. Notices

15.1 If you have any concerns about privacy or grievances on the website and/or app, please contact us with a thorough description, and we will try to resolve the issue for you.

15.2 If you have any concerns or questions in relation to these terms and conditions, you may contact us at: care@muscularx.com

We will make every effort to address your grievances within one month from the date we receive them.

16. General Provisions

16.1 Notice: All notices from MusculaRx will be communicated via email or general notifications on the website and/or app. Any notice intended for MusculaRx under these terms should be sent to care@muscularx.com

16.2 Assignment: You are not permitted to assign or transfer the terms or any rights granted hereunder to any third party. MusculaRx reserves the right to freely transfer its rights under the terms to any third parties without seeking your consent.

16.3 Severability: If any provision of these terms, or portion thereof, is found to be unenforceable by a court of competent jurisdiction, the remaining provisions shall remain enforceable to the maximum extent permitted by law. As reflected by the unenforceable provision, the parties' intent shall be given effect, and the remainder of the Terms shall continue in full force and effect.

16.4 Waiver: The failure by MusculaRx to enforce or exercise any provision of the terms or any related right shall not constitute a waiver of that provision or right. Any waiver must be provided in writing and signed by an authorized representative of MusculaRx to be valid.