nCASE TECHNOLOGIES TERMS OF SERVICE

Last Revised: August 4, 2026

These Terms of Service (these “Terms”) govern the use of all visitors who use the available pages of the website located at https://www.ncasetechnologies.com/ (the “Site”) including any content, functionality, and services offered therein. These Terms further govern the ordering, sale, delivery, and use of the products made available through the Site (the “Products”).

These Terms are between you as a user of any portion of the Site (“you”) and nCase Technologies LLC (“nCase,” “we,” “us,” or “our”). If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity and its affiliates to these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE THE SITE. BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS. BY USING OR OTHERWISE ACCESSING THE SITE, MAKING PURCHASES THROUGH THE SITE, CREATING AN ACCOUNT ON THE SITE, AND/OR POSTING OR DOWNLOADING CONTENT OR ANY OTHER INFORMATION TO OR FROM THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND YOU AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS. IF YOU DO NOT UNEQUIVOCALLY AGREE, YOU MAY NOT USE OR OTHERWISE ACCESS THE SITE, CREATE AN ACCOUNT, OR MAKE A PURCHASE.

ANY DISPUTES BETWEEN YOU AND nCASE, INCLUDING, BUT NOT LIMITED TO, any dispute or other claim involving YOUR USE OF the Products, the Site, or your Account, EXCEPT DISPUTES RESOLVED IN SMALL CLAIMS COURT, ARE SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION (ARTICLE XVI – DISPUTE RESOLUTION) BELOW AS IT AFFECTS YOUR RIGHTS UNDER THESE TERMS.

ARTICLE I – CONTENT

1.1 nCase Site. The Site, including its text, audio, video, know-how, testimonials, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of nCase or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in Article II – Use Rights and Accounts, nCase reserves all other rights in and to the Site and Content, including all intellectual property rights. Any unauthorized use of our intellectual property, including our marks, our copyrighted material, and our trade dress, is strictly prohibited and may be prosecuted to the fullest extent of the law.

1.2 Third-Party Links. The Site may link to, or be linked to, websites not maintained or controlled by nCase. Those links are provided as a convenience to the visitors of our Site. nCase is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site. nCase does not warrant or endorse any third-party website or any products or services made available through those websites. When leaving the Site, it is the terms and privacy notice of that third party that govern your use of the third-party site (and such third-party's use of your personal information), not these Terms.

1.3 Third-Party Content. The Site may also contain certain third-party content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party content does not mean that nCase has reviewed the third-party content or that there is any association between nCase and any third party. You access third-party content at your sole risk. nCase has no responsibility for any third-party content. Nothing in these Terms grants you any rights to any third-party content.

ARTICLE II – USE RIGHTS AND ACCOUNTS

2.1 Use Rights. You may only use the Site or Content for your personal, non-exclusive use, so long as you comply with these Terms and all other terms posted throughout the Site as applicable to you (if any), and all applicable laws. You may only use the Site and the Content for their intended purposes for which they are made available to you by nCase.

2.2 Accounts. Certain features of the Site may require the use of an individual account requiring a username and password (an “Account”). If you are accessing features of the Site utilizing your Account, the provisions of these Terms specific to Accounts or discussing features only accessible through an Account shall apply to your use. By creating an Account, you agree to: (i) provide accurate, current and complete information necessary to create an Account; (ii) maintain and promptly update your Account information as needed; (iii) maintain the security of your Account password; and (iv) immediately notify us if you discover or otherwise suspect any unauthorized access to the Site through your Account. You are responsible for maintaining the confidentiality of your Account access credentials and are fully responsible for all activities that occur under your Account, including any damages to nCase or the Site resulting from unauthorized access to the Site from your Account. You will indemnify, defend, and hold nCase harmless from and against any and all damages, losses, costs, and expenses arising from, related to, or caused by unauthorized access or use of the Site under your Account.

2.3 Electronic Communications. By creating an Account, you also consent to receive electronic communications from nCase (e.g., via email, text message (standard rates and opt-out options apply), or by posting notices to the Site). These communications may include notices about your Account (e.g., payment authorizations, password changes, and other transactional information). You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing and that we have a prior business relationship with you. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. You cannot opt out of non-promotional emails that are transactional in nature.

ARTICLE III – RESTRICTIONS ON YOUR USE OF THE SITE

You make the following representations, warranties, and covenants by accessing and/or using the Site:

(i) You will not copy, duplicate, sell, publish, link to, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site without nCase’s prior written consent;

(ii) You will not use the Site for unlawful purposes;

(iii) You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud, or falsify information in connection with your use of the Site;

(iv) You will not engage in data mining or similar data gathering or extraction activities from the Site, including but not limited to using the Site to harvest email addresses, names, or other information of the users of the Site or to spam other users of the Site;

(v) You will not access, use, or copy any portion of the Site through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms, nor will you use the Site to train any artificial intelligence tool or algorithm;

(vi) You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems;

(vii) You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult;

(viii) You may not frame, mirror, or circumvent the navigational structure of any part of the Site;

(ix) You may not upload, distribute, transmit, or post anything to or through the Site that: (a) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (b) invades the privacy of another or includes the confidential or proprietary information of another; or (c) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights; and

(x) You may not engage in any conduct while using the Site that nCase considers inappropriate, unauthorized, or contrary to the intended purpose of the Site;

(xi) You will comply with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.

You are responsible for any costs incurred by nCase in enforcing its rights under this Article III – Restrictions on Your Use of the Site.

ARTICLE IV – PRODUCTS AND PRICING

4.1 nCase Products. The Products, their descriptions, and their prices are each subject to change. nCase reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product with or without notice. You agree that nCase will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Product. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your Order (as described below), to decline or cancel any such Orders, whether or not the Order has been confirmed and/or your credit card charged. If your credit card has already been charged for the Order and we cancel your Order, we shall issue a credit to your credit card account in the amount of the charge. Unless expressly allowed in a separate written agreement between you and nCase, you are not permitted to resell or otherwise use the Products for commercial purposes. The Products are solely for your personal or authorized commercial use and in accordance with the instructions (if any) provided for use of the Products.

4.2 Intended Use; User Responsibility; Indemnification. PRODUCTS ARE DESIGNED SOLELY FOR STORAGE, TRANSPORT, AND PHYSICAL PROTECTION OF COMPATIBLE NALOXONE DEVICES. THE PRODUCTS DO NOT DISPENSE, MONITOR, ALTER, OR OTHERWISE PROVIDE MEDICATIONS, AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT DISEASE. nCASE IS NOT RESPONSIBLE FOR YOUR ACTS OR OMISSIONS, OR ANY INJURY, LOSS, DAMAGE, DISPUTE, CLAIM, OR LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE PRODUCTS OR ANY CONTENTS STORED THEREIN. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE nCASE PARTIES (AS DEFINED HEREIN) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ALLEGATIONS, INVESTIGATIONS, ADMINISTRATIVE ACTIONS, PRIVATE RIGHTS OF ACTION, AND ALL DAMAGES, FINES, FEES, LOSSES, PENALTIES, AND COSTS (INCLUDING REASONABLE ATTORNEYS’ AND SPECIAL WITNESS FEES) ARISING OUT OF OR RELATED TO: (1) YOUR USE OR NON-USE OF ANY CONTENTS STORED WITHIN THE PRODUCTS; (2) PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER INJURY TO YOU OR ANY THIRD PARTY RESULTING FROM OR ALLEGED TO RESULT FROM YOUR USE OR NON-USE OF THE PRODUCTS OR CONTENTS CONTAINED WITHIN THE PRODUCTS; OR (3) YOUR BREACH OF ANY AGREEMENT WITH ANOTHER THIRD PARTY.

4.3 Medical Disclaimer; Assumption of Risk; Release. You acknowledge and agree that the Products are not intended to diagnose, treat, cure, or prevent any disease or medical condition. You voluntarily and knowingly assume all risks, known and unknown, foreseeable and unforeseeable, associated with your purchase, possession, and use of the Product, on behalf of yourself and any third party whom you may be purchasing the Product for. You represent and warrant that you have carefully read all Product labels, instructions, and warnings prior to use, and that you have consulted, or have elected not to consult, a qualified healthcare professional before use. You agree that any decision to use the Product is made entirely at your own risk. To the maximum extent permitted by law, you expressly waive any and all claims against nCase arising out of or relating to adverse effects, misuse, improper use, failure to follow instructions or warnings, use contrary to medical advice, use despite known medical conditions or sensitivities, or use in combination with other products, substances, or medications for yourself and any third party.

4.4 Third-Party Products. The Products may be designed for compatibility with certain third-party products and specific naloxone formulations and devices (“Third-Party Products”). Compatibility with Third-Party Products, including naloxone devices, is not guaranteed in any manner under any circumstances unless such Third-Party Product is explicitly identified by nCase as compatible with the Products on our products page located here. Third-Party Products are not included with your purchase of the Products.

4.5 Use of Third-Party Products. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR OR YOUR DESIGNEES’ USE, APPLICATION, INJECTION, OR OTHER ADMINISTRATION OF THIRD-PARTY PRODUCTS AND SUCH USE SHALL, IN ALL CASES, BE DONE IN ACCORDANCE WITH THE ORIGINAL MANUFACTURER INSTRUCTIONS AND GUIDELINES FOR USE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE INSTRUCTIONS FOR USE OF ANY AND ALL THIRD-PARTY PRODUCTS THAT YOU USE AND ADMINISTER. IN THE EVENT OF A CONFLICT BETWEEN THE INSTRUCTIONS FOR USE OF OUR PRODUCT AND ANY THIRD-PARTY PRODUCT, THE INSTRUCTIONS PROVIDED WITH THE THIRD-PARTY PRODUCT SHALL PREVAIL.

ARTICLE V – ORDERS AND PAYMENT

5.1 Orders. By clicking on “Confirm Order,” “Confirm Purchase,” “Submit Payment,” or other such similar confirmation, you are placing a binding order for the Products that you have selected for purchase (an “Order”). Your receipt of an electronic or other confirmation from us does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your Order to accept or decline or cancel your Order (in whole or in part) for any reason. We may require additional verifications or information before accepting any Order. Upon our acceptance of an Order, all payments due and chargeable to such Order may not be disputed, and shall be final and binding.

5.2 Order Acceptance; Cancellation. Your Order is not accepted until we send you shipping information for the Order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your Order, your sole and exclusive remedy is limited to: (i) issuance of credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the Order); or (ii) if no charge has occurred, your credit card will not be charged for the cancelled portion of the Order.

5.3 Payment. If you wish to make an Order, you will be asked to supply certain information through your Account, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant nCase the right to provide such information to third parties, including but not limited to Shopify, and their successors, for purposes of facilitating Orders. You agree to pay all charges incurred by you or on your behalf at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your Orders. In the event you want to change or update payment information associated with your Account, you can do so at any time by logging into your Account and editing your payment information.

ARTICLE VI – DELIVERIES

6.1 Shipping and Handling. You agree to pay any shipping and handling charges shown at the time you place an Order. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier. Actual delivery dates may vary from the dates shown in your online account or at checkout.

6.2 Inspect on Delivery. You are solely responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In the event you have any reason to believe that any Product in your delivery is not suitable for use, contact us at contact@ncasetechnologies.com within ten (10) calendar days of receiving your Order. Requests for re-delivery may not be accommodated without submission of photos detailing the issue with the Product and the shipment information.

6.3 Delivery in Your Absence. If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. In certain areas, you may be able to provide additional delivery instructions when setting up your Account, such as requesting that your delivery be left with a neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.

6.4 Delivery Delays. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In the event of a courier delay, please inspect the contents carefully upon eventual arrival and email contact@ncasetechnologies.com within ten (10) calendar days of receiving your Order with any concerns (attaching photos for review). In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your Order is not feasible, we will cancel your delivery so affected and issue you a credit or refund of the purchase price for that delivery.

6.5 Shipping Address. We cannot guarantee the condition of the delivery if the shipping address is incorrectly entered. When placing your Order, please enter your shipping address carefully to ensure accuracy and review your receipt and Account for any errors. If your Order is returned to us because of an incorrect address provided or refusal of delivery when shipped according to our Terms, you will not be refunded. In the event an Order is delivered late due to an incorrect address or if you are unable to retrieve the Order on the delivery date without prior notification and damage occurs, you will not be refunded.

6.6 Damage Due To Courier. In the event of damage caused by improper handling by the courier, we are happy to file a claim and replace the shipment. We ask that you please email contact@ncasetechnologies.com within seven (7) days of receipt, provide a description of the damage, and a photo(s) of the Order in the state it was received. Claim filing is time sensitive and photos are required in order to show proof of damage. Filing a claim does not guarantee a refund. nCase will review your claim and determine accuracy in its sole discretion.

ARTICLE VII – RETURNS AND REFUNDS

7.1 Returns and Refunds. If you are not satisfied with your Order and wish to initiate a return, please contact us at contact@ncasetechnologies.com. Products that are defective, damaged, or incorrect as received may be returned within thirty (30) days of the purchase date for a refund subject to this Article VII – Returns and Refunds. To be eligible for a refund, the returned Product must be unused, in the same condition in which it was received, and in its original packaging.

All returns require a receipt or proof of purchase. Once we have received and inspected the returned Product(s), we will notify you of your return approval status via email. Approved returns will be refunded to the original payment method. For gift orders marked as a “gift” upon purchase, you will be issued a gift certificate or Site credit for the applicable amount. Gift orders not marked as a “gift” upon purchase will be refunded to the original payment method as provided by the purchaser.

7.2 Partial Refunds. Partial refunds may be issued at our sole discretion for Products not in their original condition, used, damaged after delivery, missing parts or original packaging, or otherwise not eligible for a refund. Products returned past the thirty (30) day return period may be accepted and a full or partial refund issued at our sole discretion.

7.3 Return Shipping and Restocking Fee. You are solely responsible for all return shipping costs. The cost of return shipping will be deducted from your refund amount. All returns may also be subject to a fifteen percent (15%) restocking fee.

7.4 Custom Orders and Bulk Orders. Custom orders and bulk orders (over one hundred (100) units of any Product, including color variations) are non-refundable.

7.5 Refund Discretion. Notwithstanding anything to the contrary herein, nCase reserves the right to reject any refund request made under any Account that is, in nCase’s sole and absolute discretion, excessive, abusive, unreasonable, or fraudulent in nature.

7.6 No Warranty. This Article VII – Returns and Refunds is separate from and does not constitute a product warranty.

ARTICLE VIII – INTELLECTUAL PROPERTY RIGHTS

8.1 nCase Marks. nCase owns certain trademarks, names, logos, insignia, or service marks (“nCase Marks”). You do not have the right to use any nCase Marks except as expressly agreed to in writing by nCase. In addition, the Site may contain Third-Party Marks and may depict pictorially Third-Party Products or other third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party's consent.

8.2 nCase Intellectual Property. The Site and any Products, Content, services, or other items made available through the Site are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to nCase or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. nCase retains all right, title, and interest in and to all rights associated with the Products, Site, and services made available therein, including all intellectual property rights, and you agree that these Terms do not grant you any rights in and to the Products, Site, Content, and services offered by or through the Site, except for the rights expressly described herein.

8.3 Third-Party Marks. The use of Third-Party Marks and third-party copyrighted materials on the Site does not indicate endorsement of or by the owners of such marks or copyrighted materials. References to Third-Party Products (such as NARCAN®, Kloxxado®, Teva®, and Evzio®) and related marks, names, logos, and other identifiers (“Third-Party Marks”) are made solely to identify compatibility and do not indicate or imply endorsement, affiliation, licensing, or ownership of or by such Third-Party Products or the respective owners. All Third-Party Marks and other third-party intellectual property remain the property of their respective owners. Nothing on the Site or in these Terms shall be interpreted as indicating that nCase, the Site, or the Products are manufactured, sponsored, endorsed, approved, certified, licensed, or otherwise authorized by any third-party manufacturer unless expressly stated in writing.

8.4 Feedback. If you submit comments or feedback to us regarding the Site or Products, or any other comments, questions, requests, content or information that is not personal information (“Feedback”), we may use such Feedback in our discretion and without attribution or compensation to you.

8.5 Social Media. Links to nCase’s social media pages (e.g., Facebook, X (formerly known as Twitter), LinkedIn, Instagram, TikTok, YouTube, and any other social media platform on which we may maintain a presence now or in the future) may be included on the Site (“Social Media Pages”). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect nCase’s views. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from accessing our Social Media Pages who violate these Terms. If we follow, like, favorite, share, or re-post an individual's content on our Social Media Pages, that is not an endorsement by nCase of that third party or any service or company they represent.

ARTICLE IX – PRIVACY NOTICE

We may collect certain personal information about you and about your use of the Site as described in our Privacy Policy.

ARTICLE X – DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR ACCOMPANYING DOCUMENTATION, AND IN ADDITION TO ANY OTHER WARRANTY DISCLAIMERS SET FORTH HEREIN, THE PRODUCTS, SITE, AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, nCASE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE PRODUCTS, SITE, AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.

WHILE nCASE STRIVES TO MAINTAIN ACCURACY AND RELIABILITY OF CONTENT ON THE SITE AND THE PRODUCTS, NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. nCASE DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. nCASE DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY MARK, THIRD-PARTY CONTENT, OR THIRD-PARTY PRODUCT.

We are not engaged in providing professional medical advice OR SERVICES via the Site or otherwise. our products are not medical devices nor are they designed to treat or diagnose a medical condition. If you have questions regarding a medical condition, treatment, medication, or other similar health-related topics, including USE OF CERTAIN third-party products, MEDICATIONS AND RELATED COMPLICATIONS OR SIDE EFFECTS, you should seek the advice of a qualified medical professional, and should not disregard such advice based on the information or features identified through the Site or Products. You acknowledge and agree that (1) the Site, its contents, and any communications from nCASE or its affiliates do not constitute medical advice or clinical guidance; and (2) NEITHER the Site NOR ANY PRODUCT IS intended to be a substitute for contacting emergency medical services, and you should immediately contact 911 or an applicable emergency response line or seek care from the nearest medical facility if you believe you are experiencing OR WITNESSING a medical emergency. nCASE makes no representations, warranties, or guarantees regarding any Products. TO THE FULLEST EXTENT PERMITTED BY LAW, nCASE EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY PERSONAL INJURY, HEALTH OUTCOME, OR OTHER DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON ANY PRODUCTS OR RELATED INFORMATION PROVIDED THROUGH THE SITE. You assume full responsibility for your use of the Products, SITE, AND CONTENT, and any decisions made based on THEIR features or outputs.

YOU ARE RESPONSIBLE FOR ENSURING all third-party products, including NALOXONE FORMULATIONS AND related DEVICES, ARE STORED WITHIN THE CONDITIONS SPECIFIED BY THE APPLICABLE MANUFACTURER, AND THE PRODUCTS ARE USED AS DESIGNED AND INSTRUCTED. ANY modifications made to the products shall void all warranties, express or implied, including any claims of compatibility. we are not responsible for any damages or adverse outcomes resulting from unauthorized alterations to the products or from the use of the products regardless of condition.

THE PRODUCTS ARE INTENDED SOLELY AS PERSONAL STORAGE AND PROTECTIVE ACCESSORIES, ARE NOT MEDICAL DEVICES, AND ARE NOT REGULATED BY THE FDA. nCASE DOES NOT guaranteE OUTCOMES resulting from YOUR USE OF THE PRODUCTS, INCLUDING THE PREVENTION oF DEGRADATION OF NALOXONE, Or THE PREVENTION OR mitigation of AN OPIOID OVERDOSE AND any POTENTIAL effects OF SUCH OVERDOSE.

ARTICLE XI – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL nCASE OR ITS AFFILIATES, OR ITS OR THEIR MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANUFACTURERS, DISTRIBUTORS, LICENSORS, OR REPRESENTATIVES (THE “nCASE PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE PRODUCTS, THIRD-PARTY PRODUCTS, THE SITE, OR ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE nCASE PARTIES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, THE SITE, OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PRODUCTS, THE SITE, OR CONTENT EXCEED ONE HUNDRED U.S. DOLLARS ($100), OR, AS APPLICABLE TO CLAIMS ARISING FROM THE PRODUCTS, THE TOTAL PURCHASE PRICE OF ALL PRODUCTS ORDERED AND RECEIVED BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO THE LIABILITY, WHICHEVER IS LESS, EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.

NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS ARTICLE XI – LIMITATION OF LIABILITY WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND nCASE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

ARTICLE XII – INDEMNIFICATION

12.1 Your Indemnification for the Site. You agree to defend, indemnify and hold the nCase Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs) related to any claim, lawsuit, investigation, proceeding, regulatory action or other cause of action asserted by a third party against any of the nCase Parties arising out of or relating to your use of the Site or any component thereof, including but not limited to: (a) the use of our Site or other Content, Third-Party Products, Third-Party Marks, information, materials, products or services contained, displayed or available in or on our Site by you or any other person accessing our Site on your behalf; (b) your breach or violation of these Terms or any other guidelines or agreements referenced in these Terms; (c) any information you provide to nCase (including any information you provide to us as part of the Account registration process, contact form, or Feedback); or (d) your violation of any rights of any third party.

12.2 Your Indemnification for the Products. You agree to fully indemnify, defend, and hold harmless the nCase Parties from and against any and all claims, actions, demands, damages, losses, liabilities, investigations, judgments, settlements, penalties, fines, costs, and expenses, including attorneys’ fees and court costs, arising out of or related to: (a) your misuse or unlawful use of the Product, including but not limited to any use that is inconsistent with product labeling, instructions, or warnings; (b) any use of supplements, medications, drugs, or other substances contained or stored within the Products without first consulting a qualified healthcare professional; (c) any use of supplements, medications, drugs, or other substances able to be or actually contained or stored within the Products; (d) any use of supplements, medications, drugs, or other substances able to be or actually contained or stored within the Products despite known medical conditions, allergies, or sensitivities; (e) any reliance on information provided by nCase in place of medical advice; (f) any modification of the Product; (g) any resale or provision of the Product to another person; (h) the export of the Product at your direction; or (i) any other breach of these Terms. This indemnification obligation applies regardless of whether the claim arises in tort, contract, strict liability, or otherwise, and includes claims brought by third parties, including other consumers, healthcare providers, insurers, governmental authorities, or regulators, arising from your actions or omissions.

ARTICLE XIII – TERMINATION AND SURVIVAL

13.1 Termination. These Terms are effective unless and until terminated by nCase, and govern your use of the Site, as well as your purchase, possession, and use of any Products. We reserve the right, at any time and for any or no reason, without notice to you and in our sole discretion, to terminate or suspend your right to access or use the Site and/or to purchase the Products.

13.2 Purchased Products. Any termination or suspension shall not affect these Terms to the extent they relate to any Products that you have previously purchased, received, possessed, or used. You acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

13.3 Survival. All provisions that by their nature should survive termination, including those relating to intellectual property, disclaimers, assumptions of risk, releases, limitations of liability, indemnification, dispute resolution, and any obligations arising from your purchase, possession, or use of the Products, shall remain in full force and effect.

ARTICLE XIV – COOPERATION WITH LAW ENFORCEMENT

nCase will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD nCASE AND THE nCASE PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

ARTICLE XV – GOVERNING LAW

These Terms will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Missouri without reference to its conflicts or choice of law principles.

ARTICLE XVI – DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND nCASE TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

For any dispute you have with any of the nCase Parties, including, but not limited to, any dispute or claim involving your use of the Products, the Site, or your Account, you agree to first contact nCase and attempt to resolve the dispute with nCase informally. Unless resolved by mutual efforts of you and us, any disputes or claims that may arise out of or in connection with these Terms or any transaction or occurrence contemplated hereby, except for claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits applicable through these Terms and as long as such claim is brought individually and not as a class action, shall be finally determined by final and binding arbitration administered by JAMS in St. Louis, Missouri before (a) one arbitrator if the amount of the claim(s) is less than One Million U.S. Dollars ($1,000,000); or (b) three (3) arbitrators if the amount of the claim is equal to or greater than One Million U.S. Dollars ($1,000,000), with nCase and you independently selecting one (1) arbitrator each, and both parties jointly selecting the third arbitrator. In event of arbitration, the arbitration shall proceed under the JAMS Streamlined Arbitration Rules and Procedures unless otherwise agreed to by both nCase and you. As part of its final award, the arbitration panel shall allocate all or part of the costs of the arbitration, including fees of the arbitrator(s) and reasonable attorneys’ fees of the prevailing party, for payment by the non-prevailing party. Nothing in this Article XVI – Dispute Resolution shall prevent either party from seeking injunctive or other equitable relief from a court for matters related to data security, intellectual property or unauthorized access to or use of the Site. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY IN ARBITRATION, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS nCASE AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND nCASE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

ARTICLE XVII – MISCELLANEOUS

These Terms and any terms posted throughout the Site (if any) are the entire agreement between you and nCase with respect to your access to and use of the Site, Orders, and your purchase and use of the Products. We may modify these Terms at any time, with such modifications taking effect as of the Last Revised date referenced above. By continuing to use the Site or maintaining your use of Products, you agree to any modifications made as of the date of your use. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of nCase’s successors and assigns. nCase’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by nCase. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms and any other documentation, agreements, notices, or communications between you and nCase may be provided to you electronically to the extent permissible by law. Please direct any questions and concerns regarding these Terms to us at contact@ncasetechnologies.com.