PRODUCT PURCHASE AGREEMENT TERMS AND CONDITIONS

This Product Purchase Agreement Terms and Conditions (“Agreement”) outlines the terms and conditions that govern the purchase of EContra One-Step® Emergency Contraceptive (“Product”) from Afaxys, Inc. (“Afaxys”). By agreeing to and accepting purchases of Product, you, the Customer, agree to be bound by the terms and conditions herein. If you, as the Customer, do not agree with these terms and conditions, including any term or condition incorporated herein by reference, do not purchase Product through Afaxys.

  1. Product.
    • Product Use. Customer acknowledges and understands that Product is marketed solely as an emergency contraceptive intended to help prevent pregnancy for up to 72 hours (3 days) after unprotected sex or a known birth control failure. Product is not intended for any other use. Customer agrees to use Product as labeled and understands that the Product does not protect against HIV/AIDS or other sexually transmitted diseases. The Product should not be used if Customer is already pregnant or for regular birth control.
    • Compliance with Applicable Law and Labeling. Customer agrees to comply with all applicable laws relating to the use of Product, including without limitation any federal, state and/or local laws and regulations, as well as any Product labeling instructions.
  2. Product Orders, Pricing and Shipping.
    • Customer Eligibility. Customer is at least eighteen (18) years of age, or, if Customer is under eighteen (18) years of age, Customer has obtained parental or legal guardian consent prior to purchase. Product ordered shall be used by Customer and shall not be acquired for (a) any unlawful purpose or use; or (b) commercial resale, transfer, or trade. Product must be delivered to Customer located in the continental United States.
    • Product Orders. All Product orders shall be submitted through the EContra website and shall be governed by this Agreement. Afaxys’ acceptance of any Customer order is hereby expressly made in reliance on Customer’s compliance with this Agreement. Afaxys reserves the right to accept or reject any Customer order in whole or in part for any reason.
    • Product Availability. Customer acknowledges and agrees that Product orders are subject to product availability. Nothing in this Agreement shall be construed to limit or restrict Afaxys’ right, at its sole discretion, to discontinue the manufacture, sale, and/or distribution of Product at any time during the Agreement.
    • Pricing is subject to change without notice.
    • Shipping. All Product orders will be delivered F.O.B. destination. Product will be delivered by standard ground shipping. Any expedited shipping may be subject to additional charges. Any quoted shipping dates are based on estimates at the time of quote. Afaxys will use commercially reasonable efforts to meet quoted shipping dates but does not guarantee any shipping or delivery date. Afaxys assumes no liability for any costs or damage resulting from any late delivery of Product.
    • Returns. All returns may be made pursuant to Afaxys’ current Return Policy, which is incorporated herein by reference. Afaxys reserves the right to update the Return Policy from time to time without notice to Customer.
  3. Coupon Promotion.
    • Afaxys may offer coupons for Product to Customers who sign up to receive marketing emails. Afaxys may modify, suspend, or terminate any coupon offer at any time in its sole discretion.
    • To be eligible for the Coupon, Customer must provide a valid email address and give affirmative consent to be contacted by Afaxys with promotional materials. The Coupon may only be redeemed by the email address to which the coupon is sent and is void if sold, copied, or otherwise transferred. The Coupon may not be combined with any other offers and is limited to one Coupon per purchase, subject to the terms of the specific promotion.
    • Reimbursement Prohibited. Coupon has no cash value and may not be redeemed for cash, credit, or any other consideration. Customer agrees not to seek reimbursement from any federal or state health care program for the cost of the Product.
    • Coupon Redemption. Coupon is valid only for purchases that meet all of the following conditions: the purchase must be made through the EContra website and completed using a valid credit or debit card; order is limited to non‑prescription, over‑the‑counter purchases of the Product; and the delivery address for the Product purchase must be located within the continental United States.
  4. Intellectual Property.
    • The sale and purchase of Product shall not confer upon Customer any license to manufacture any product under any patents or proprietary rights owned or controlled by Afaxys. Customer acknowledges and agrees that all such rights are reserved to Afaxys.
  5. Warranty.
    • Afaxys warrants to Customer that Product conforms to its published specifications. Afaxys shall, as its sole obligation and Customer’s sole and exclusive remedy for any breach of this warranty, replace the Product which gave rise to the breach or, at Afaxys’ option, refund the amounts paid by Customer for the non-conforming Product. EXCEPT AS EXPRESSLY SET FORTH HEREIN, AFAXYS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
  6. Miscellaneous.
    • Modification. Afaxys reserves the right to unilaterally update this Agreement without notice to Customer. Terms and conditions in this Agreement that were in effect on the date of the Product order shall control that specific Product purchase. Afaxys recommends reviewing the current Product Purchase Terms and Conditions before placing an order for Product. The current Product Purchase Terms and Conditions will be available online or included with the applicable order form.
    • Design Changes. Afaxys reserves the right, at its sole discretion, to improve, alter, modify, or redesign the Product without prior notice or any other obligation to Customer with respect to any such improvement, alteration, modification, or redesign.
    • Governing Law. This agreement shall be governed by and construed in accordance with the laws of the United States, and the State of South Carolina, excluding any law or conflicts of law principle that would apply the law of another jurisdiction.
    • Relationship of Parties. The relationship of the parties established under this Agreement is that of buyer and seller. Neither party is a partner, employee, or agent of or with the other, and neither party has the right or authority to assume or create any obligation on behalf of the other party.
    • Force Majeure. Neither party shall be responsible for any failure to comply with the terms of this Agreement or for any delay or failure of performance resulting from any cause beyond such party’s reasonable control, including the weather, civil disturbances, pandemics, supply shortages, acts of civil or military authorities or acts of God. If one or more causes are asserted by either party as a basis for non-performance of this Agreement for a period of greater than thirty (30) days, either party shall have the right to terminate the Agreement or product order by giving written notice to the other party within five (5) days following the end of such thirty (30) day period.
    • Waiver. Any waiver or failure to enforce any provision of the Agreement by either party on one or more occasion shall not be deemed a waiver of any other provision or of such provision on any other occasion.