Terms of Use

Terms of Use

The following Terms of Use apply to Jenny Swisher LLC and its agents, assignees, and
successors (collectively, “Company”). By accessing or using any of the Jenny Swisher.com

Internet properties including, without limitation, www.jennyswisher.com, www.jenny-swisher-
hormone-health.myshopify.com/collections/all, sync.jennyswisher.com, jennyswisher.thinkific.com, jenny-swisher-hormone-health.myshopify.com, mobile websites, microsites, mobile applications, profiles on social media sites, and any other digital services or properties operated or used, and any others released by Company from time to time (collectively referred to as the “Company Sites”) you agree to comply with and be bound by these Terms of Use
(“Terms of Use”) and the Privacy Policy, (collectively, the “User Policies”). You acknowledge
that while all three Companies are operating from the Company Sites, each Company is a separate
and independent company and that user engagement with one company does not engage with you
the other companies. Please read these Terms of Use carefully as well as the Privacy Policy. If
you do not agree to this Terms of Use or the Privacy Policy, you must immediately terminate
use of the Company Sites.

1. License Grant. The Company Sites are owned by Company. You are granted a personal,
revocable, limited, non-exclusive, non-transferable license to access and use the Company Sites
conditioned on your continued acceptance and compliance with these Terms of Use. You may use
the Company Sites and the accompanying Company Content (as defined in Section 2) for your
noncommercial personal use and for no other purpose. Company reserves the right to bar, restrict,
or suspend any user’s access to the Company Sites, and/or to terminate this license at any time for
any reason. Company reserves any rights not explicitly granted in these Terms of Use.

2. Proprietary Rights. The content contained on the Company Sites includes, without limitation,
(i) trademarks, service marks, logos, brands, and brand names, trade dress and trade names and
other distinctive identification (collectively “Marks”); and (ii) information, data, materials,
interfaces, computer code, databases, products, services, software applications and tools, text,
images, photographs, audio and video material, including podcasts, and (iii) the design, structure,
selection, compilation, assembly, coordination, expression, functionalities, applications, look and
feel, and arrangement of any content contained in or available through the Company Sites (the
items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as the
“Company Content”). The Company Content is the property of Company, its licensors, sponsors,
partners, advertisers, content providers or other third parties and is protected in all media now
existing or hereafter developed, by law including, but not limited to, copyright, trade secret, patent,
and trademark law, as well as other state, national, and international laws, treaties, and regulations.
The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or
dissemination of any of the Company Content by you, or by you through any other person or entity,
is prohibited unless express written consent is separately obtained from the Company. Any use of
the Marks without Company’s express written consent is strictly prohibited. You may not alter,
delete, obscure, or conceal any copyright or other notices appearing in the Company Content,
including any such notices appearing on any of the Company Content.

3. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive
Company’s prior written consent, you may not modify, translate, create derivative works of, copy,
distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell,
sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information
retrieval system (electronic or mechanical), the Company Sites, any of the Company Content, or
any portion thereof. Further, you may not (i) use the Company Sites for any unauthorized or illegal
purpose or activity including, but not limited to, any activity to obtain or attempt to obtain
unauthorized access to the Company Sites, including the Company Content; (ii) interfere with the
proper working of the Company Sites including, but not limited to, the transmission of any virus,
worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting
routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the
Company Sites.

4. Your Acceptance; Revisions to Terms of Use. The Company Sites are available only to
individuals who can enter into legally binding contracts under applicable law. These Terms of Use
constitute a legally binding agreement between you and Company regarding your use and access
to the Company Sites. By using the Company Sites, you agree to the Terms of Use.
Jenny Swisher.com reserves the right to revise these Terms of Use at any time in its sole discretion
by posting revised Terms of Use to the Company Sites. Your use of the Company Sites signifies
your acceptance of all the terms and conditions contained within the Terms of Use posted at the
time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the
Company Sites. No revision to these Terms of Use shall apply to a controversy or claim of which
had actual notice on or before the date of any such revision.

5. Company User Policies; Additional Terms and Conditions. The Company User Policies, as
well as other additional terms and conditions applicable to certain portions of the Company Sites
(collectively “Additional Terms and Conditions”), are incorporated herein by this reference. To
the extent that there is a conflict between these Terms of Use and any Additional Terms and
Conditions for the activity in which you choose to participate, the Additional Terms and
Conditions shall govern.

6. Click-Through Agreements. Before using certain areas of the Company Sites, you may be
asked to indicate your acceptance of additional special terms and conditions by clicking a button
marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly
acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a
conflict between these Terms of Use and any Click-Through Agreement for the activity in which
you choose to participate, the Click-Through Agreement will govern.

7. Personal Login Information. Certain features and areas of the Company Sites are available
only with registration, login, or a paid subscription. If you are required to register and select a
unique login and password (“Personal Login Information”), you must keep your Personal Login

Information confidential, including taking appropriate measures to maintain the confidentiality,
such as logging off and closing the Internet browser, especially when you are connected to the
Internet through an unsecured network or when using a public computer. Your Personal Login
Information is personal to you, and you may not allow any third party to use it under any
circumstances. Company is not liable for any harm caused by or related to the theft,
misappropriation, disclosure, or unauthorized use of your Personal Login Information. You
must contact Company immediately if you become aware of or believe there is or may have been
any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your
Personal Login Information due to security concerns.

8. Privacy Policy. For information about Company’s data protection practices and use and
protection of your personal information, please read Company’s Privacy Policy which is
incorporated into and made a part of these Terms of Use.

9. User Obligations. You warrant that you will abide by, without limitation, all applicable local,
state, national, and international laws, and regulations with respect to your use of the Company
Sites and not interfere with the use and enjoyment of the Company Sites by other users or with
Company’s operation and management of the Sites. You further warrant that your use of the
Company Sites and of any data input into or generated by the Company Sites shall comply with
all applicable laws, regulations, and ordinances. You agree and acknowledge that you are solely
responsible for any liabilities, fines, penalties, or forfeitures occasioned by any such violations or
lack of rights. You must, at all times, provide true, accurate, current, authorized, and complete
information when submitting information or materials on the Company Sites, including, without
limitation, information required to be provided through an online registration form. If any false,
inaccurate, untrue, unauthorized, or incomplete information is submitted by you, Company
reserves the right to terminate your access and use of the Company Sites. You warrant that you
will not impersonate any other person or entity, whether actual or fictitious, when using the
Company Sites, or defame or otherwise harm any party through your use of the Company Sites.
In addition, you also agree that you will not use the Company Sites to:
(a) upload, download, post, email, transmit or otherwise make available any content, including
through any attachments thereto, that:
(i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or
otherwise objectionable;
(ii) you do not have a right to make available under any law or under contractual or
fiduciary relationships (such as, but not limited to, inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
(iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights
of any party; (iv) includes any unsolicited or unauthorized advertising, promotional materials, “junk
mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of
solicitation; (v) includes any material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
(b) collect or store personal data of other users of the Company Sites;
(c) intentionally disrupt or interfere, whether directly or indirectly, with the Company Sites in
any manner that may adversely affect Company or any user of the Company Sites: and
(d) intentionally or unintentionally violate any applicable local, state, national or international
law.

10. User-Generated Content. Company welcomes your views, comments and other
communications, pictures, track back URLs, or videos on our Company Sites which may include
discussion boards, blogs and other services that allow users to provide feedback, comment, or
content (“User- Generated Content”). By contributing User-Generated Content to any of the
Company Sites or social media profiles, users understand and acknowledge that this information
is available to the public and grant Company a nonexclusive license to display, reproduce,
transmit, modify such User-Generated Content and that Company may use the User-Generated Content for internal and external marketing purposes. You are solely responsible for the User-Generated Content you submit. If you believe any User-Generated Content infringes on your proprietary rights, please contact Company. Company does not approve, endorse, or adopt any User-Generated Content, and Company assumes no liability for any User-Generated Content
submitted by you or others. You agree to indemnify Company against all claims and liabilities
resulting from User-Generated Content. Users who do not wish to have information they have
made available via these sites used, published, copied and/or reprinted, should not post on the
Company Sites. Please note that other participants may use posted information beyond the
control of Company. All User-Generated Content is read at your own risk, and Company
recommends that you not rely on the information or advice in any of these postings.
Company retains the right to remove any content for any reason, including but not limited to,
content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property
rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or
otherwise injurious or illegal. Company also retains the right to ban or block a user from posting
on Company related social media profiles without notice for a pattern of inappropriate postings or
as it deems necessary.
You acknowledge, consent and agree that Company may access, preserve and disclose your
account information and the User-Generated Content you have posted if required to do so by law
or in a good faith belief that such access preservation or disclosure is reasonably necessary in the
sole opinion of Company to: (a) comply with any legal process; (b) enforce this Terms of Use; (c)
respond to claims that any User-Generated Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Company, its Users and the public.

11. Responsibility for Use of the Internet and Company Sites and Exclusion of Liability. Use
of the Internet and the Company Sites is solely at your risk and is subject to, without limitation,
all applicable local, state, national and international laws, and regulations. Unless expressly
required by law, the does not guarantee the confidentiality or security of any communication or
other material transmitted to or from the Company Sites over the Internet or other communication
network. Company shall not be obligated to correct or update the Company Sites, the Company
Content, the User-Generated Content, and shall not be liable for omissions, typographical errors,
or out-of-date information which may appear on the Company Sites.

12. No Medical Advice and Disclaimer as to Accuracy of Information. The information
contained in the Company Sites and the Company Content are for informational purposes only and
may or may not reflect the most current health developments; accordingly, information on the
Company Sites is not promised or guaranteed to be correct or complete and should not be relied
upon as such. All information contained on the Company Sites are based upon the opinions of the
authors and, as such all users should consult their doctor or health care practitioner before making
any health changes. As medical advice must be tailored to the specific circumstances of each
person, nothing provided on the Company Sites or the Company Content should be used as a
substitute for the advice of medical professionals. The materials on the Company Sites and the
Company Content do not constitute medical advice and is not intended to replace a one-on-one
relationship with a qualified health care professional. As a User of the Company Sites and the
Company Content, you acknowledge and agree that the information provided is for health
education purposes only and is not intended to take the place of professional medical advice. You
further acknowledge and agree Company shall not be liable to you or any other party for any act
or failure to act relating thereto, in addition to the limitation of liability claims contained in this
Terms of Use.

13. Third Party Information. The Company Sites may feature materials, information, products,
and services provided by third parties. Any such information, including but not limited to articles,
press clippings, opinions, advice, statements, services, offers, User-Generated Content (as defined
below), or other information made available by third parties such as content providers and other
users of the Company Sites are those of the respective third party and not of Company or its
affiliates. Company makes no representation with respect to, nor does it guarantee or endorse, the
quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party
materials, information, services, or products.

14. Advertisers. The Company Sites may contain advertisements. The inclusion of advertisements
on the Company Sites does not imply endorsement of the advertised products or services.
Company shall not be responsible for any loss or damage of any kind incurred as a result of the
presence of such advertisements on the Sites. Further, Company shall not be responsible or liable
for the statements or conduct of any third-party advertisers appearing on the Company Sites. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.

15. Links to Third-Party Websites. The Company Sites may provide links (including any link
through an online banner advertisement) to other sites on the Internet for your convenience. These
other sites are maintained by third parties over which Company exercises no control. The
appearance of any such third-party links is not intended to endorse any organization, company, or
product. If you decide to access any of the third-party sites linked to the Company Sites, you do
so entirely at your own risk. Company makes no representations or warranties with respect to any
linked site. On such sites, you are subject to the various terms of services associated with using
such sites, including, but not limited to, the third-party sites’ terms of use, privacy policy, copyright
policy. For more information, consult the host website user policies.
Information (comments, photos, videos, etc.) you share with or post to Company social media
profiles is also subject to the terms of service of the host sites and may be used by the owners of
the host sites for their own purposes under the host site user policies.

16. Links to Websites, Content, Sharing of Content. Links posted by third parties to the
Company Sites and/or the Company Content may not use the Jenny Swisher logo and likeness and
shall not suggest that Company promotes or otherwise endorses any third-party products, business
relationships, services, causes, campaigns, websites, content, or information. Any links to any
portion of the Company Sites shall be the responsibility of the linking party. Company reserves
the right to require any linking party to disable or remove any link that violates the policies, rights,
or causes interruption or deterioration of the Company Content.

17. Warranties Disclaimed. The Company Sites and the Company Content are provided “as is”
and “as available.” Neither Company, its affiliates, subsidiaries, employees, officers, members, or
trustees nor any of its agents, representatives, suppliers, advertisers, contractors, promotional
partners, or licensors (collectively “Parties”) provide any express or implied representation or
warranty of any kind, including without limitation, any representation or warranty that (i) the
Company Sites or the Company Content, or any results that may be obtained by you, are complete,
accurate, reliable or non-infringing; (ii) access to the Company Sites will be uninterrupted, timely,
secure, or error free; (iii) the quality of any products, services, information or other material
purchased or obtained by you through the Company Sites will meet your expectations; or (iv) the
Company Content will remain unchanged or accessible on the Company Sites. All warranties,
express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the Company Sites or the Company Content is to cease using the Company Sites and the Company Content.

18. Exclusion of and Limitation of Liability. The Parties, as defined in Section 17, shall not be
liable, and disclaim any liability for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary, or punitive damages of any kind whatsoever in connection with, as a result of, or arising (i) out of the use of
or inability to use the Company Sites and/or any of the Company Content; (ii) from any
interruption in the availability of the Company Sites and/or the Company Content; (iii) from any
loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or
services resulting from any problems with the goods, content and/or services purchased or obtained
from the Company Sites, or transactions entered into, through or from the Company Sites; (v) from
unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct
of any third party on the Company Sites; (vii) from any delay or failure of the Company Sites
arising out of causes beyond the Site’s control; (viii) out of the use of, reference to, or reliance on,
the Company Content; (ix) out of any third party materials, information, products and services
contained on, or accessed through, the Company Sites (x) out of any content, materials, accuracy
of information, and/or quality of the products, services or materials provided by or advertised on
third party websites; or (xi) out of any other matter relating to the Company Sites or the Company
Content. In the event you are dissatisfied with, or dispute, these Terms of Use, the Company Sites and/or
the Company Content, your sole right and exclusive remedy is to terminate your use of the
Company Sites, even if that right or remedy is deemed to fail of its essential purpose. You confirm
that Company has no other obligation, liability or responsibility to you or any other party.

19. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold
harmless the Parties from and against all claims arising from or in any way related to your use of
the Company Sites and/or the Company Content, a violation by you of these Terms of Use, or any
other actions connected with your use of the Company Sites and/or the Company Content,
including any liability or expense, losses, damages (actual and consequential), suits, judgments,
litigation costs and attorneys fees. Company will provide prompt written notice of any such claims,
but failure to provide such notice will not release you from any of your obligations pursuant to this
Section except to the extent that you are actually prejudiced by such failure and will not relieve
you from any other liability that you may have to the Parties other than under this Section.

21. Term and Termination. These Terms of Use will take effect at the time you begin using the
Company Sites. Company reserves the right, with or without notice, at any time, and for any
reason to deny you access to the Company Sites or to any portion thereof, and to terminate these
Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the
terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the
Company Sites, but all applicable provisions of these Terms of Use will survive such termination.
Upon termination, you must destroy all copies of any portion of the Company Sites, including any
of the Company Content, in your possession.

22. Governing Law. These Terms of Use and all matters regarding your use of the Company Sites
shall be governed by, construed in accordance with, and enforced under the laws of the State of
applicable to contracts made and executed and wholly performed in the State of Indiana, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply, and their
applicability is expressly excluded. Printed copies of any and all agreements and/or notices in
electronic form shall be admissible in any legal, investigative or regulatory proceedings.

23. Waiver and Severability. The failure to exercise or enforce any right or provision in these
Terms of Use shall not constitute a waiver of such right or provision. If any provision of these
Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable,
such provision shall be enforced to the fullest extent of the law, and all other provisions shall
remain in full force and effect.

24. Complete Agreement. These Terms of Use, together with any revision, any Additional Terms
or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire
agreement between you and the relating to the Company Sites and its use by you, and supersedes
any previous written or oral communication regarding use of the Company Sites.

25. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to your use of the Company Sites must be filed by you within one
(1) year after such claim or cause of action arose or be forever barred.

26. Use of Websites and Content outside of the United States. Company makes no claims
regarding access or use of the Company Sites or the Company Content outside of the United States.
If you use or access the Company Sites or the Company Content outside of the United States, you
do so at your own risk and are responsible for compliance with the laws and regulations of your
jurisdiction as well as these Terms of Use.

27. Social Media Non-Endorsement. Company provides opportunities for user interaction
within its Company Sites and on social media profiles on sites such as Facebook, Twitter,
LinkedIn, Instagram, and various blogging sites. On those social media accounts, content and links
to other Internet sites should not be construed as an endorsement of the organizations, entities,
views, or content contained therein. Company is not responsible for content or links posted by
others.

This Terms of Use is subject to amendment or modification at any time.

Revised February 2022

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