Terms & Conditions

TERMS OF USE AND SALE

IMPORTANT NOTICE

WAIVER, AND BELLWETHER / MASS-ARBITRATION PROCEDURES IN SECTION 19. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 19, YOU AND PERPETUAL HEALTH LLC D/B/A DURABLE AGREE TO RESOLVE COVERED DISPUTES ONLY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, AND NOT IN COURT OR BEFORE A JURY.

Last Updated: June 10th 2026

These Terms of Use and Sale (these “Terms”) are entered into by and between Perpetual Health LLC, doing business as Durable (“Durable,” “Company,” “we,” “us,” or “our”), and you. These Terms govern your access to and use of livedurable.com, all related webpages, content, functionality, features, subscriptions, recurring-order programs, communications, email and SMS sign-up or messaging programs, promotional communications programs, and services made available through or in connection with that website, and all purchases made through that website (collectively, the “Site” and the “Services”). Please read these Terms carefully. They contain important information regarding your legal rights, remedies, and obligations, including warranty disclaimers, liability limitations, and a binding arbitration provision set forth later in these Terms.

1. ACCEPTANCE OF THESE TERMS

By accessing or using the Site, creating an account, clicking to accept these Terms when that option is made available, placing an order through the Site, enrolling in a subscription or recurring-purchase program through the Site, signing up for email or SMS communications through the Site, or otherwise using any of the Services, you acknowledge that you have read, understand, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Site, create an account, place an order, enroll in a subscription, or otherwise use any of the Services. These Terms apply to all users of the Site, including browsers, customers, purchasers, account holders, and users who enroll in subscription or recurring-delivery programs. To the extent we make available a click-through or checkbox assent mechanism during account creation, checkout, subscription enrollment, or another transaction flow, your completion of that assent step constitutes your affirmative acceptance of these Terms. You acknowledge that such assent is intended to create a binding agreement between you and Durable. We may also present additional terms, notices, or disclosures in connection with specific promotions, subscription features, or transaction flows. Those materials will supplement these Terms. In the event of a direct conflict, those additional terms will control solely with respect to the subject matter to which they specifically apply.

2. ELIGIBILITY; USE OF THE SITE

The Site is intended only for individuals who are at least the age of majority in their state of residence and who have the legal capacity to enter into a binding contract. By using the Site or purchasing products or services through the Site, you represent and warrant that: (a) you are at least the age of majority in your state of residence; (b) you have the legal capacity to enter into these Terms; (c) you will use the Site only for lawful purposes and in accordance with these Terms; and (d) if you are acting on behalf of another person or entity, you are authorized to bind that person or entity to these Terms. The Site is intended primarily for users located in the United States. We make no representation that the Site, the Services, or the products offered through the Site are appropriate, available, or lawful in any jurisdiction outside the United States. Accessing the Site from outside the United States is at your own initiative and risk, and you are solely responsible for compliance with applicable local law.

3. IMPORTANT HEALTH, MEDICAL, AND REGULATORY DISCLOSURES

3.1 General Information Only. The Site and all content made available through it, including without limitation

product descriptions, ingredient information, educational materials, articles, blog content, FAQs, customer service communications, testimonials, reviews, and marketing materials, are provided solely for general informational purposes.

3.2 No Medical Advice. Nothing on the Site constitutes, or should be understood as, medical advice, diagnosis,

treatment advice, healthcare advice, or any substitute for consultation with a licensed physician or other qualified healthcare professional.

3.3 No Professional Relationship. Your use of the Site, your communications with us, and your purchase or

use of products sold through the Site do not create any physician-patient, fiduciary, advisory, or other professional relationship between you and Durable or any of its affiliates, employees, representatives, or service providers.

3.4 No Disease Claims Unless Expressly Required by Law. Except for laboratory testing services or diagnostic

panels expressly identified on the Site, or as otherwise expressly stated by Durable in writing, products offered through the Site are not intended to diagnose, treat, cure, or prevent any disease. To the extent applicable, statements regarding dietary supplements have not been evaluated by the U.S. Food and Drug Administration. Any laboratory testing services made available through the Site may be facilitated, fulfilled, administered, processed, or reported in whole or in part by third-party providers and may be subject to additional provider terms, consents, policies, procedures, and instructions.

3.5 Individual Responsibility. You are solely responsible for determining, with appropriate professional

guidance where necessary, whether a product is appropriate for you or another intended user. You should carefully review all product packaging, labels, warnings, ingredient lists, allergen information, usage instructions, and any other product-specific information before using any product.

3.6 No Guarantee of Results. Individual responses to supplements, wellness products, skincare products, and

other products vary. Any product descriptions, testimonials, endorsements, or examples of user experience presented on the Site do not constitute guarantees, warranties, or promises that you will achieve the same or similar results.

3.7 Emergencies. The Site and our customer service channels are not intended for urgent or emergency

medical situations. If you believe you may be experiencing a medical emergency, call 911 or contact your physician or emergency medical provider immediately.

3.8 No Reliance. Any reliance you place on the Site or any information made available through the Site is

strictly at your own risk. To the fullest extent permitted by law, Durable disclaims all liability arising from any reliance placed on Site content by you or by anyone informed of its contents.

4. PRIVACY; COOKIES; OTHER SITE POLICIES

Your submission of personal information through the Site, and our collection, use, disclosure, and other processing of personal information in connection with the Site and Services, are governed by our Privacy Policy, which is incorporated into these Terms by reference. The Site may use cookies, pixels, SDKs, tags, web beacons, device identifiers, and similar technologies for required functionality, personalization, analytics, advertising, and related purposes, as described in our Privacy Policy and any cookie or privacy-preference disclosures made available through the Site. From time to time, we may also post or present refund, shipping, cancellation, subscription, promotional, accessibility, coupon, adverse-event, or other operational policies on the Site. Those materials are intended to supplement these Terms. In the event of a direct conflict, these Terms will control unless the other policy expressly states that it governs a particular issue in place of these Terms.

5. ACCOUNT REGISTRATION; ACCOUNT SECURITY

Certain features of the Site may require you to create an account or provide registration information. If you create an account, you agree to provide information that is accurate, current, and complete, and to maintain and promptly update that information as necessary. You may not create an account using false, misleading, or incomplete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you. You agree to notify us immediately if you know of or suspect any unauthorized access to or use of your account or credentials, or any other breach of security relating to the Site. We reserve the right, in our sole discretion and without prior notice, to suspend, restrict, or terminate your account or access to the Site if we believe that: (a) your account information is inaccurate, incomplete, or misleading; (b) your account has been compromised; (c) you have violated these Terms; (d) your conduct creates risk, harm, or potential liability for Durable, other users, or third parties; or (e) such action is otherwise necessary to protect the Site, our business, or others.

6. LICENSE TO USE THE SITE; INTELLECTUAL PROPERTY RIGHTS

6.1 Limited License. Subject to your compliance with these Terms, Durable grants you a limited, personal,

non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site solely for your personal, non-commercial use.

6.2 Ownership. The Site and all text, graphics, images, photographs, videos, audio, icons, logos, designs,

compilations, software, code, content, features, functionality, product names, trade dress, trademarks, service marks, and other materials made available through the Site (collectively, “Site Content”) are owned by Durable, its affiliates, licensors, or content providers and are protected by copyright, trademark, trade secret, and other intellectual property and proprietary rights laws. Except for the limited rights expressly granted in these Terms, no right, title, or interest in or to the Site or any Site Content is transferred to you, and all rights not expressly granted are reserved by Durable and its licensors.

6.3 Restrictions. You may not, and may not permit any third party to: (a) reproduce, copy, distribute, modify,

create derivative works from, publicly display, publicly perform, republish, download, store, transmit, sell, exploit, or otherwise use any Site Content except as expressly permitted by these Terms; (b) reverse engineer, decompile, disassemble, or attempt to derive source code from any aspect of the Site; (c) remove, alter, or obscure any copyright, trademark, or other proprietary rights notice; (d) use any data-mining, robot, bot, scraper, spider, crawler, or similar automated means to access, monitor, copy, or extract Site Content or data from the Site; (e) frame, mirror, or deep-link to the Site or any part of it without our prior written consent; (f) use the Site or Site Content for resale, wholesale, distribution, or other commercial purposes not expressly authorized by us in writing; or (g) use our trademarks, logos, brand names, or trade dress without our prior written consent.

6.4 Feedback. If you submit ideas, suggestions, proposals, improvements, reviews, or other feedback regarding

the Site, Services, or products (collectively, “Feedback”), you grant Durable a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable right and license to use, reproduce, modify, adapt, distribute, display, create derivative works from, exploit, and otherwise use such Feedback for any lawful purpose without restriction, notice, acknowledgment, or compensation to you, except to the extent prohibited by law.

7. PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site or Services, and not to assist or enable others to use the Site or Services, in any way that: (a) violates any applicable law, regulation, or rule; (b) infringes, misappropriates, or otherwise violates any intellectual property, privacy, publicity, contractual, or other legal rights of any person or entity; (c) is fraudulent, deceptive, misleading, abusive, defamatory, harassing, hateful, obscene, or otherwise objectionable; (d) interferes with, disrupts, damages, disables, overburdens, or impairs the Site or any servers, networks, or systems connected to the Site; (e) introduces viruses, trojan horses, worms, logic bombs, malware, spyware, or other harmful or disruptive material; (f) attempts to gain unauthorized access to any portion of the Site, any user account, or any server, database, or system connected to the Site; (g) collects, harvests, tracks, or stores personal information of others without lawful authority; (h) uses any robot, bot, spider, scraper, crawler, or automated means to access, monitor, copy, or extract data or content from the Site; (i) bypasses, defeats, or attempts to bypass any security, authentication, or access-control feature of the Site; (j) submits false or misleading information, including false billing, payment, or shipping information; (k) impersonates or attempts to impersonate Durable, a Durable employee, another user, or any other person or entity; (l) uses the Site or products purchased through the Site for unlawful resale, redistribution, export, or diversion; (m) uses the Site in connection with spam, phishing, pharming, scraping, or similar improper activity; or (n) otherwise uses the Site in any manner inconsistent with these Terms. We reserve the right to investigate and take appropriate action regarding suspected violations of this Section, including removing content, suspending or terminating access, refusing or canceling orders, reporting conduct to law enforcement, and pursuing available civil remedies.

8. PRODUCT INFORMATION; SITE CONTENT; AVAILABILITY

We attempt to present product, pricing, ingredient, promotional, and availability information accurately, but the Site may contain typographical errors, inaccuracies, omissions, or outdated information. We reserve the right, at any time and without prior notice, to: (a) correct errors, inaccuracies, or omissions; (b) change or update information; (c) modify, suspend, or discontinue products or features; (d) limit quantities available for sale; (e) restrict sales by person, household, account, address, geographic region, or jurisdiction; and (f) refuse or cancel orders. We do not guarantee that any product description, ingredient description, image, packaging description, promotional statement, shipping estimate, pricing display, or other Site Content is accurate, complete, reliable, current, or error-free. All products are subject to availability. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited. We may also limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or others acting for resale or diversion purposes.

9. ONLINE PURCHASES; ORDER ACCEPTANCE; PRICING; PAYMENT

9.1 Orders as Offers. Your placement of an order through the Site constitutes an offer to purchase the products

or services identified in your order, subject to these Terms.

9.2 Order Acceptance. We may accept or reject any order in our sole discretion. Receipt of an automated order

acknowledgment or order-confirmation email does not, by itself, constitute our acceptance of your order. An order will be deemed accepted only when we ship the applicable product(s), provide the applicable service(s), or otherwise expressly confirm our acceptance of the order in writing. We reserve the right to refuse, reject, limit, cancel, or reduce any order for any lawful reason, including product unavailability, suspected fraud, pricing or promotional errors, shipping limitations, resale concerns, or other issues identified by us in our discretion.

9.3 Pricing. All prices posted on the Site are subject to change without notice. Posted prices may not include

taxes, shipping charges, handling charges, or other amounts that may apply to your order, all of which may be added and disclosed during checkout as applicable. We reserve the right to correct pricing, promotional, and descriptive errors at any time, including after an order has been submitted. If we determine that a product was listed at an incorrect price or with incorrect promotional information, we may cancel the order and refund any amounts collected, unless applicable law requires otherwise.

9.4 Payment. You agree to provide current, complete, and accurate billing, payment, shipping, and account

information for all purchases made through the Site. By submitting payment information, you represent and warrant that: (a) you are authorized to use the designated payment method; (b) the payment information you provide is accurate and complete; (c) the payment method will honor the charges incurred; and (d) you will pay all charges properly incurred by you at the prices and rates in effect at the time the order is placed, together with applicable taxes and disclosed fees.

9.5 Promotional Codes; Discounts. Promotional codes, coupons, discounts, free-shipping offers, and similar

offers are subject to their stated terms, conditions, exclusions, limitations, and expiration dates. Unless expressly stated otherwise, such offers: (a) may be modified or discontinued at any time; (b) may not be combined with other offers; (c) may be limited to specific products, customers, accounts, households, or order types; and (d) have no cash value.

10. SHIPPING; DELIVERY; TITLE; RISK OF LOSS

Orders are shipped from our fulfillment operations in the Washington, D.C. area, Monday through Friday, excluding holidays and other non-operating days. Internet orders are currently shipped only to customers within the United States. We do not ship internet orders outside of the United States. Any shipment or delivery dates provided by us are estimates only and are not guaranteed unless we expressly state otherwise in writing. We are not liable for shipping or delivery delays caused by carriers, weather, acts beyond our reasonable control, supply disruptions, volume fluctuations, address issues, or other circumstances outside our reasonable control. You are responsible for providing a valid and deliverable shipping address. We are not responsible for delays, loss, or expense arising from inaccurate, incomplete, or outdated shipping information provided by you. Except to the extent otherwise required by applicable law, title to products purchased through the Site and risk of loss for such products pass to you when the products are delivered by us to the carrier for shipment to you.

11. RETURNS; REFUNDS; EXCHANGES; DAMAGED PRODUCTS

11.1 Internet Orders. Durable offers a customer-satisfaction return / refund policy for products purchased

directly through the Site, subject to these Terms and any additional return instructions or requirements we provide.

11.2 Damaged or Defective Products. If a product purchased through the Site arrives damaged or defective,

you should contact customer service promptly and keep the original packaging, photographs, and other relevant materials if reasonably requested. We may require proof of purchase, order information, photographs, or other reasonably requested information to evaluate a replacement, return, or refund request.

11.3 Refund Requests. Subject to any applicable limitations disclosed on the Site, if you are not satisfied with

a product purchased through the Site, you may request a refund within three hundred sixty-five (365) days from the date of shipment. If we approve the request, we may provide a prepaid return label and further return instructions.

11.4 Return Conditions. We reserve the right, to the fullest extent permitted by law, to deny, limit, or condition

any return, refund, replacement, or exchange request in cases involving fraud, abuse, repeated excessive returns, misuse, improper storage, unauthorized resale, failure to follow reasonable return instructions, or other circumstances suggesting misuse of the return process.

11.5 Store Purchases / Third-Party Purchases. If you purchased a Durable product from a retail store,

marketplace, clinic, practitioner, or another third-party seller, returns generally must be handled through the original place of purchase, not through the Site, unless we expressly agree otherwise.

11.6 Refund Method and Timing. If we approve a refund, we may issue the refund to the original payment

method used for the purchase or through another method we determine is appropriate, unless otherwise required by law. Timing for crediting refunded amounts may depend on the applicable payment processor or financial institution.

12. SUBSCRIPTIONS; RECURRING PURCHASES; SUBSCRIBE & SAVE

12.1 Subscription Programs Generally. The Site may permit you to purchase certain products on a recurring,

automatically renewing, or subscription basis, including through a “Subscribe & Save” or similar program (each, a “Subscription Program”). Availability of any Subscription Program may depend on the product, your location, inventory, payment authorization, and other factors determined by us in our discretion.

12.2 Enrollment and Recurring Charge Authorization. If you enroll in a Subscription Program, you expressly

authorize Durable and its payment processing providers to charge your designated payment method automatically on a recurring basis for the applicable product(s), at the frequency selected by you at enrollment, until you skip, cancel, modify, or otherwise change your subscription in accordance with these Terms and the subscription-management tools or procedures we make available. Your recurring authorization applies to the product price, applicable taxes, shipping charges if any, and any other disclosed charges associated with the subscription order.

12.3 Automatic Renewal. Unless and until you skip, cancel, or modify your subscription, your subscription

will automatically renew and generate recurring orders at the interval selected by you. You acknowledge that the billing date, order-processing date, shipment date, and delivery date may not always be the same.

12.4 Subscription Pricing; Discounts; Shipping Benefits. Subscription pricing, subscription discounts, shipping

benefits, and other Subscription Program terms are subject to the disclosures made on the Site at the time of enrollment and as otherwise permitted by applicable law. Promotions or discounts stated to apply only to an initial order or first shipment will apply only as expressly stated, and subsequent subscription orders may be charged at the then-applicable subscription price rather than any enhanced first-order promotional price.

12.5 Changes to Subscription Terms. To the fullest extent permitted by law, we reserve the right to change

Subscription Program products, frequency options, pricing, discount structures, shipping benefits, or other Subscription Program terms at any time. Any such changes will apply prospectively, subject to any notice required by applicable law.

12.6 Skipping, Modifying, and Canceling. You may skip, modify, or cancel an eligible subscription through

your account, through the subscription-management tools made available on the Site, or by contacting customer service, in each case subject to any applicable processing cutoff disclosed on the Site or otherwise communicated to you. Any change requested too close to a scheduled processing date may not take effect until the following renewal cycle. You remain responsible for charges validly incurred before a skip, cancellation, or modification becomes effective.

12.7 Failed Payments; Suspension. If a recurring payment is declined, reversed, or otherwise not successfully

processed, we may attempt to process the charge again, suspend the applicable subscription, cancel the applicable subscription, or take other reasonable steps to recover amounts due, subject to applicable law.

12.8 No Guaranteed Availability. Enrollment in a Subscription Program does not guarantee continued

availability of any product. We may discontinue or suspend any subscription-eligible product or Subscription Program at any time.

12.9 Platform Changes. We may change, migrate, or replace the technical platform supporting the Site or a

Subscription Program. In connection with such a change, we may require you to re-enroll, reconfirm, or otherwise take steps to continue participating in a Subscription Program.

13. CUSTOMER COMMUNICATIONS; EMAIL, SMS, AND OTHER MARKETING PROGRAMS

By providing your email address, telephone number, or other contact information to us, you consent to receive transactional, account-related, customer-service, and legally required communications from us relating to your orders, returns, account, subscriptions, preferences, or these Terms. You may also be offered the opportunity to enroll in email programs, SMS programs, or other marketing or promotional communications. Any such program may be subject to additional disclosures, consent language, enrollment terms, cancellation instructions, or other terms presented at the time of signup, and those materials will supplement these Terms. Your agreement to these Terms does not eliminate any consent requirement or other requirement otherwise imposed by applicable law for marketing or promotional communications programs. You may opt out of promotional emails by using the unsubscribe mechanism included in those emails, and you may opt out of SMS marketing messages by following the STOP instructions provided in the applicable program disclosures, but you understand that we may still send you non-promotional communications concerning your account, orders, subscriptions, returns, legal notices, or ongoing business relationship with us.

14. USER SUBMISSIONS; COMMENTS; FEEDBACK; INTERACTIVE FEATURES

14.1 Submissions Generally. The Site may permit you to submit comments, feedback, customer inquiries,

messages, reviews, photos, testimonials, suggestions, ideas, survey responses, or other materials (collectively, “Submissions”). You are solely responsible for your Submissions and the consequences of submitting them.

14.2 Submission Standards. You agree that you will not submit any Submission that: (a) is false, misleading,

deceptive, or inaccurate; (b) is unlawful, threatening, abusive, harassing, hateful, obscene, defamatory, or otherwise objectionable; (c) infringes, misappropriates, or violates the rights of any person or entity, including intellectual property, privacy, publicity, or contractual rights; (d) contains confidential information of another person or entity that you are not authorized to disclose; (e) contains viruses, malware, or other harmful code; or (f) otherwise violates these Terms or applicable law.

14.3 License to Use Submissions. Except to the extent prohibited by applicable law, by submitting any

Submission to us, through the Site or otherwise, you grant Durable and its affiliates, service providers, successors, assigns, and designees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid- up, sublicensable, and transferable right and license to host, store, reproduce, use, modify, adapt, translate, publish, distribute, publicly display, publicly perform, create derivative works from, and otherwise exploit that Submission in any medium and for any lawful purpose, without compensation to you.

14.4 Your Representations. You represent and warrant that: (a) you own or control all rights necessary to

provide the Submission and to grant the foregoing license; (b) your Submission is accurate and not misleading; and (c) your Submission complies with these Terms and applicable law.

14.5 Monitoring; Removal. We may, but are not obligated to, monitor, review, remove, refuse, edit, or disable

access to any Submission or interactive feature at any time and for any reason, in our sole discretion, without notice to you.

14.6 No Obligation of Confidentiality. Unless we expressly agree otherwise in writing, Submissions are not

confidential, and we are under no obligation to maintain any Submission in confidence, pay compensation for any Submission, or respond to any Submission.

15. THIRD-PARTY WEBSITES; TOOLS; SERVICES

The Site may contain links to third-party websites, content, tools, software, integrations, platforms, social media features, payment processors, shipping providers, analytics providers, or other services that are not owned or controlled by Durable. We provide such links and access for convenience only. We do not control and are not responsible for the availability, content, policies, practices, products, services, or performance of any third-party website or service. Your use of any third-party website or service is at your own risk and subject to that third party’s own terms, conditions, and privacy practices. Without limiting the foregoing, the Site may be hosted or supported in whole or in part by third-party e- commerce, payment, marketing, logistics, analytics, fulfillment, or customer-support providers. We are not responsible for outages, disruptions, or issues caused by third-party providers, except to the extent required by applicable law.

16. SITE AVAILABILITY; MODIFICATIONS; SUSPENSION

We reserve the right, in our sole discretion and without prior notice, to modify, suspend, discontinue, restrict, or remove all or any part of the Site, any Site Content, any product offering, any Subscription Program, or any feature or functionality of the Site at any time and for any reason. We do not guarantee that the Site, or any content or feature of the Site, will always be available, uninterrupted, secure, or error-free. From time to time, we may restrict access to some or all portions of the Site, including to registered users, for maintenance, upgrades, security reasons, legal compliance, business reasons, or other reasons. To the fullest extent permitted by law, we shall not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.

17. DISCLAIMER OF WARRANTIES

17.1 Site and Services Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, THE

SERVICES, THE SITE CONTENT, THE PRODUCTS OFFERED THROUGH THE SITE, ANY SUBSCRIPTION PROGRAM, ANY COMMUNICATIONS SENT THROUGH OR IN CONNECTION WITH THE SITE, AND ALL OTHER MATERIALS, FEATURES, FUNCTIONALITY, AND OFFERINGS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

17.2 Broad Warranty Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, DURABLE

DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (a) IMPLIED WARRANTIES OF MERCHANTABILITY; (b) IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; (c) IMPLIED WARRANTIES OF NON-INFRINGEMENT; (d) IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (e) ANY WARRANTY THAT THE SITE WILL BE AVAILABLE, TIMELY, SECURE, OR ERROR-FREE; (f) ANY WARRANTY THAT DEFECTS WILL BE CORRECTED; (g) ANY WARRANTY THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (h) ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, QUALITY, OR CURRENCY OF THE SITE OR SITE CONTENT; AND (i) ANY WARRANTY THAT ANY PRODUCT OR SERVICE WILL MEET YOUR EXPECTATIONS OR ACHIEVE ANY PARTICULAR RESULT.

17.3 Product and Health-Specific Disclaimer. WITHOUT LIMITING THE FOREGOING, DURABLE DOES

NOT WARRANT THAT ANY PRODUCT: (a) IS APPROPRIATE FOR YOUR INDIVIDUAL NEEDS, CIRCUMSTANCES, OR HEALTH STATUS; (b) WILL BE FREE FROM INGREDIENTS THAT MAY CAUSE AN ALLERGIC OR OTHER INDIVIDUAL REACTION; (c) WILL PRODUCE ANY PARTICULAR HEALTH, WELLNESS, COSMETIC, OR OTHER OUTCOME; (d) WILL BE COMPATIBLE WITH OTHER PRODUCTS, SUPPLEMENTS, FOODS, OR MEDICATIONS YOU MAY USE; OR (e) WILL BE ERROR-FREE IN LABELING OR DESCRIPTION, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW.

17.4 Legal Carveout. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN

WARRANTIES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

18. LIMITATION OF LIABILITY; INDEMNIFICATION

18.1 Exclusion of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT

SHALL DURABLE, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF SAVINGS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, PRODUCTS PURCHASED THROUGH THE SITE, SUBSCRIPTIONS, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18.2 Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE

LIABILITY OF DURABLE, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUCCESSORS, AND ASSIGNS, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, PRODUCTS PURCHASED THROUGH THE SITE, ANY SUBSCRIPTION PROGRAM, OR THESE TERMS, SHALL NOT EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO DURABLE THROUGH THE SITE FOR THE SPECIFIC PRODUCT OR SUBSCRIPTION GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (b) ONE HUNDRED U.S. DOLLARS (US $100).

18.3 Scope of Limitation. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE FORM

OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, AND REGARDLESS OF WHETHER ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18.4 Non-Waivable Rights. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT

CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18.5 Indemnification. To the fullest extent permitted by law, you agree to defend, indemnify, and hold

harmless Durable, its affiliates, and its and their respective officers, directors, owners, employees, agents, contractors, licensors, service providers, suppliers, successors, and assigns from and against any and all claims, demands, actions, proceedings, liabilities, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys’ fees and expenses, arising out of or relating to: (a) your breach of these Terms; (b) your misuse of the Site, the Services, or any product purchased through the Site; (c) your fraud, negligence, willful misconduct, or violation of applicable law; (d) any Submission, Feedback, or other material you provide through the Site or otherwise to Durable; or (e) your infringement, misappropriation, or other violation of any intellectual property, privacy, publicity, contractual, or other rights of any person or entity. Notwithstanding the foregoing, this Section does not require you to indemnify any Durable party for that party’s own gross negligence, willful misconduct, or violation of law to the extent such indemnification is prohibited by applicable law. This Section shall survive termination of these Terms and your use of the Site.

19. BINDING ARBITRATION; CLASS ACTION WAIVER; BELLWETHER PROCEDURES

19.1 Scope of Covered Disputes. To the fullest extent permitted by applicable law, you and Durable agree that

any dispute, claim, controversy, or cause of action arising out of or relating to: (a) the Site; (b) the Services; (c) your use of or access to the Site; (d) your account; (e) your purchase, attempted purchase, return, exchange, refund request, or use of any product purchased through the Site; (f) your enrollment in, participation in, cancellation of, or charges relating to any Subscription Program; (g) any advertising, marketing, pricing, labeling, disclosures, billing, shipping, privacy, customer service, or other conduct relating to the Site or to products or services offered through the Site; or (h) these Terms, including their formation, interpretation, applicability, enforceability, or alleged breach (each, a “Dispute”) shall be resolved exclusively and finally by binding arbitration on an individual basis, except as otherwise expressly provided in this Section 19.

19.2 Excluded Claims. The following claims are not subject to arbitration: (a) individual actions brought in

small claims court, to the extent the matter qualifies and remains in that court; (b) claims seeking temporary, preliminary, or permanent injunctive relief relating to alleged infringement or misappropriation of intellectual property rights; and (c) claims that, as a matter of applicable law, cannot be made subject to a pre-dispute arbitration agreement.

19.3 Governing Arbitration Law. This arbitration agreement is governed by the Federal Arbitration Act, 9

U.S.C. §§ 1-16 (the “FAA”). The FAA governs the interpretation and enforcement of this Section 19 and preempts state law to the fullest extent permitted by law.

19.4 Mandatory Informal Dispute Resolution. Before initiating arbitration or any court proceeding with respect

to a Dispute, except for claims expressly excluded above, the party asserting the Dispute must first send the other party a written notice of the Dispute (a “Dispute Notice”) and participate in a good-faith effort to resolve the matter informally. A Dispute Notice to Durable must be sent to: Perpetual Health LLC d/b/a Durable, Attn: Legal / Dispute Notice, 6900 Wisconsin Ave, Suite 30561, Bethesda, MD 20824, with a copy to help@livedurable.com. A Dispute Notice to you may be sent to the most recent email address and, if available, mailing address associated with your account, order, or records we maintain. Each Dispute Notice must: (a) be made on behalf of, and pertain only to, one individual person or one entity; (b) include the sender’s full name, telephone number, mailing address, email address, and any relevant order number or account identifier; (c) describe the Dispute and its factual basis with reasonable specificity; (d) identify the legal claims asserted; (e) describe the relief sought, including a good-faith calculation of the amount in controversy if monetary relief is sought; and (f) be signed by the party asserting the Dispute and, if represented, by that party’s counsel. Electronic signatures intended to authenticate the notice are permitted. The parties shall then attempt in good faith to resolve the Dispute informally for a period of sixty (60) days after receipt of a compliant Dispute Notice, including through an individualized telephone or videoconference meet-and-confer. If a party is represented by counsel, counsel may participate, but the party must also participate unless the parties agree otherwise. A party receiving a Dispute Notice may notify the sender of any alleged deficiency in the notice within twenty (20) days after receipt. The sender shall have thirty (30) days to cure the deficiency during which time the statute of limitations for the claims outlined in the deficient notice will be tolled. During that time, the party may either cure its deficient notice or file an action in a court of competent jurisdiction to determine whether the notice complied with the above requirements. If such an action is filed, the statute of limitations shall remain tolled until thirty (30) days after the resolution of that action. Any applicable statute of limitations shall be tolled upon receipt of a compliant Dispute Notice while the parties complete the informal dispute-resolution process required by this Section.

19.5 Arbitration Administrator; Rules; Forum. Arbitration shall be administered by JAMS in accordance with

its then-current consumer arbitration rules, as modified by these Terms. Unless otherwise required by applicable JAMS rules or applicable law, the arbitration may be conducted by videoconference, telephone, written submissions, in person, or a combination thereof, as determined by the arbitrator. A single neutral arbitrator shall decide the Dispute unless the applicable rules require otherwise. If JAMS is unavailable or unwilling to administer the arbitration in a manner consistent with this Section 19, the parties shall confer in good faith regarding a substitute administrator that uses consumer arbitration procedures reasonably comparable to JAMS. To the fullest extent permitted by law, the substantive terms of this Section 19 shall remain enforceable notwithstanding any change in administrator.

19.6 Delegation of Arbitrability. Except as expressly limited below, the arbitrator, and not any court, shall

have exclusive authority to resolve any dispute relating to the interpretation, formation, enforceability, validity, applicability, or scope of this arbitration agreement, including any claim that all or part of this arbitration agreement is void or voidable. However, a court of competent jurisdiction may determine issues relating specifically to the enforceability of the class action waiver, representative-action waiver, or bellwether procedures to the extent applicable law requires a court to do so.

19.7 Individual Basis Only; Class Action Waiver. YOU AND DURABLE AGREE THAT ANY

ARBITRATION OR COURT PROCEEDING PERMITTED UNDER THESE TERMS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, MASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION, EXCEPT SOLELY TO THE LIMITED EXTENT OF THE BELLWETHER PROCEDURES EXPRESSLY SET FORTH BELOW. TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER YOU NOR DURABLE SHALL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS OR REPRESENTATIVE ACTION; (b) NEITHER YOU NOR DURABLE SHALL SEEK TO JOIN, CONSOLIDATE, OR COORDINATE CLAIMS OF MULTIPLE CLAIMANTS OR RESPONDENTS, EXCEPT AS EXPRESSLY SET FORTH IN THE BELLWETHER PROCEDURES BELOW; (c) THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PRESIDE OVER ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL CLAIM; AND (d) THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT INDIVIDUAL PARTY’S CLAIM.

19.8 Bellwether / Mass-Arbitration Procedures. To the fullest extent permitted by law, if twenty-five (25) or

more arbitration demands are submitted against Durable: (a) that involve similar or overlapping factual or legal issues; and (b) that are brought by the same law firm or coordinated groups of law firms, then the following procedure shall apply. The parties expressly agree that this bellwether procedure modifies and supplements any otherwise applicable JAMS mass-arbitration procedures to the extent permitted by law. (i) Selection of Bellwether Demands. The claimants collectively shall select five (5) demands, and Durable shall select five (5) demands, to proceed first as bellwether arbitrations (the “Bellwether Demands”). (ii) Abeyance of Other Demands. All other arbitration demands subject to this Section 19, other than the Bellwether Demands, shall be held in abeyance pending resolution of the Bellwether Demands and the post-bellwether mediation process described below. (iii) Tolling. Any applicable limitations period for non-bellwether claims subject to abeyance shall be tolled from the date the applicable arbitration demand is submitted until the end of the post-bellwether mediation period described below. (iv) No Precedential Effect. The results of the Bellwether Demands shall not have precedential, issue-preclusive, or claim-preclusive effect with respect to any other demand, except to the extent required by applicable law. (v) Mediation Following Bellwether Demands. After final resolution of the Bellwether Demands, the parties shall participate in a good-faith mediation for a period of sixty (60) days before a mutually selected JAMS mediator in an effort to resolve the remaining demands. (vi) Opt-Out to Court After Mediation. If the mediation does not resolve the remaining demands, then any remaining claimant or Durable may elect to opt out of arbitration as to the unresolved demand(s) by providing written notice within sixty (60) days after the mediation period ends. If such an opt- out is exercised, the unresolved demand(s) may proceed in a court of competent jurisdiction as provided in Section 20. If no such opt-out is exercised, the remaining demands shall proceed in individual arbitrations in staged batches, with the parties conferring in good faith regarding batch size, sequencing, filing order, and scheduling, and absent agreement, as directed by the arbitration administrator or the applicable arbitrator(s) in a manner consistent with this Section.

19.9 Arbitration Fees and Costs. Arbitration fees and costs shall be allocated in accordance with applicable

JAMS consumer standards and rules, except to the extent applicable law requires a different allocation. To the extent required by applicable JAMS consumer standards, the consumer’s filing fee shall be limited as provided by those standards, and Durable shall bear the remaining arbitration administration and arbitrator fees to the extent required by those standards. Each party shall bear its own attorneys’ fees and costs except to the extent otherwise provided by applicable law, these Terms, or a valid arbitral award.

19.10 Opt-Out Right. You may opt out of this arbitration agreement by sending us a written opt-out notice

within thirty (30) days after the earlier of: (a) your first purchase through the Site after these Terms become effective; or (b) your first affirmative agreement to these Terms after this arbitration provision becomes effective. Your opt-out notice must include your full name, mailing address, email address, any relevant order number or account identifier, and a clear statement that you wish to opt out of the arbitration provision in these Terms. If you timely opt out, this Section 19 shall not apply to you, but the remainder of these Terms shall remain in full force and effect.

19.11 Severability. If any part of this Section 19 is found unenforceable, that part shall be severed and the

remainder shall remain enforceable to the fullest extent permitted by law, except that: (a) if the class-action or representative-action waiver in Section 19.7 is found unenforceable with respect to a particular claim or remedy, then that claim or remedy shall proceed in court and not in arbitration; (b) if the bellwether procedures in Section 19.8 are found unenforceable in a manner that materially defeats the parties’ intent regarding coordinated mass claims, then Durable or any affected claimant may elect to proceed in court rather than arbitration by providing written notice within thirty (30) days after the ruling becomes final; and (c) if the delegation provision in Section 19.6 is found unenforceable, the remainder of this Section 19 shall remain effective to the fullest extent permitted by law.

19.12 Survival. This Section 19 survives termination of these Terms, termination of your account, cessation of

your use of the Site, completion or cancellation of any order or subscription, and any bankruptcy, insolvency, or similar proceeding.

20. JURY WAIVER; GOVERNING LAW; VENUE FOR NON-ARBITRABLE DISPUTES

Except to the extent governed by the FAA, these Terms and any disputes not subject to arbitration shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to conflict-of- law rules. For any claim that is not subject to arbitration, and for any court proceeding relating to arbitration under Section 19, you and Durable agree to the exclusive jurisdiction and venue of the state and federal courts located in Maryland, and more specifically, to the extent applicable, the courts located in or serving Montgomery County, Maryland. To the fullest extent permitted by law, you and Durable waive any objection based on lack of personal jurisdiction, improper venue, or forum non conveniens with respect to such courts. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND DURABLE EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY COURT PROCEEDING PERMITTED UNDER THESE TERMS.

21. LIMITATION PERIOD FOR CLAIMS

To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the Site, the Services, any product purchased through the Site, or these Terms must be commenced within one (1) year after the claim or cause of action accrues, unless a longer period is required by applicable law.

22. FORCE MAJEURE

Durable shall not be liable for any delay, failure, interruption, or impairment in performance resulting from causes beyond its reasonable control, including without limitation acts of God, natural disasters, flood, fire, earthquake, severe weather, disease outbreak, epidemic, pandemic, labor shortages or disputes, supply chain disruption, carrier delays, internet or telecommunications failure, utility outages, cyber incidents, governmental action, war, terrorism, civil unrest, embargoes, or other force majeure events.

23. TERMINATION; SUSPENSION

We may suspend, restrict, disable, or terminate your access to all or part of the Site, your account, your ability to purchase through the Site, or your participation in any Subscription Program, at any time and for any lawful reason, including if we believe that: (a) you have violated these Terms; (b) you have engaged in fraud, abuse, misuse, or other improper conduct; (c) your account or order activity presents legal, operational, payment, or reputational risk; or (d) such action is otherwise necessary to protect the Site, our business, our customers, or third parties. Termination or suspension shall not affect any accrued rights, remedies, or obligations, including payment obligations, indemnity obligations, disclaimers, liability limitations, and dispute-resolution provisions, all of which shall survive to the fullest extent applicable by their nature.

24. CHANGES TO THESE TERMS

We may update, revise, supplement, or replace these Terms from time to time in our sole discretion. When we do, we will post the updated Terms on the Site and update the “Last Updated” date at the top of the Terms. Unless otherwise required by law, updated Terms become effective when posted. Your continued use of the Site after updated Terms are posted constitutes your acceptance of the revised Terms. Any changes to Section 19 will not apply retroactively to disputes for which the parties had actual notice before the revised Terms became effective, except to the extent permitted by law.

25. ELECTRONIC COMMUNICATIONS; NOTICE

By using the Site, creating an account, placing an order, or enrolling in a Subscription Program, you consent to receive communications from us electronically, including by email, through the Site, through your account, or through other electronic means. You agree that all notices, disclosures, agreements, confirmations, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by law. We may send notices to you using the contact information associated with your account, order, subscription, or other records. It is your responsibility to keep your contact information current.

26. NO WAIVER

No waiver by Durable of any right, term, or provision under these Terms shall be deemed a further or continuing waiver of that or any other right, term, or provision. Any failure by Durable to enforce any right or provision under these Terms shall not constitute a waiver of that right or provision.

27. SEVERABILITY

Except as otherwise specifically provided in Section 19, if any provision of these Terms is held to be unlawful, void, invalid, or unenforceable, then that provision shall be severed or limited to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

28. ASSIGNMENT

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without our prior written consent. Any purported assignment, transfer, or delegation in violation of this Section shall be null and void. Durable may assign, transfer, delegate, or otherwise convey these Terms, in whole or in part, without notice to you, including in connection with a merger, acquisition, financing transaction, corporate reorganization, sale of assets, or by operation of law.

29. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any other policies, disclosures, subscription terms, consent language, checkout disclosures, or transaction-specific terms expressly incorporated by reference or presented to you in connection with a particular purchase, feature, program, or promotion, constitute the entire agreement between you and Durable regarding the Site, the Services, and purchases made through the Site, and supersede all prior and contemporaneous agreements, communications, proposals, and understandings, whether oral or written, relating to the same subject matter.

30. CONTACT INFORMATION

The Site and the products and services offered through it are offered by:

Perpetual Health LLC d/b/a Durable
6900 Wisconsin Ave, Suite 30561
Bethesda, MD 20824
help@livedurable.com
Returns address (for approved returns only): Durable Returns Dept, 1137 Taft Street, Rockville, MD 20850.

Questions about these Terms may be directed to help@livedurable.com or through the customer support methods made available on the Site.