TERMS AND CONDITIONS OF SALE

REIA, LLC

Terms and Conditions of Sale (this “Agreement”)

This Agreement includes and incorporates any Purchase Order Form, and incorporates by reference Seller privacy and site terms and conditions. This Agreement contains, among other provisions, warranty disclaimers, liability limitations, resale and use limitations.

This Agreement is between Reia, LLC (“Seller”), a seller of proprietary, patented pessary products and accessories (the “Products”) and the buyer of Products (the “Customer”). This Agreement contains the only terms by which Seller will quote and sell Products to Customer. ALL PRODUCT PURCHASES ARE EXPRESSLY CONDITIONED ON CUSTOMER’S ACCEPTANCE OF THESE TERMS AND CONDITIONS. CUSTOMER’S REQUEST FOR QUOTATIONS AND/OR PRODUCT PURCHASE ORDER(S) CONSITUTE CUSTOMER’S CONSENT TO THESE TERMS AND CONDITIONS. All contrary terms and conditions by way of Customer purchase orders or other documents are expressly rejected.

Seller’s products (the “Product” or the “Products,” as applicable) are a pessary (Class II patented medical device), an associated optional applicator (Class I medical device) and fitting pessaries/pessary fitting kits, all available to Patients (as defined below) by prescription only.

Seller will not accept orders from persons or entities other than medical professionals purchasing for their own account or purchasing departments of hospitals, clinics or other medical institutions or practices. PRODUCTS MUST BE PROPERLY FITTED TO PATIENTS BY A MEDICAL PRACTIONER LICENSED FOR THIS PURPOSE. FEDERAL LAW PROHIBITS PRODUCT SALE TO PATIENTS OTHER THAN BY PRESCRIPTION BY A LICENSED MEDICAL PRACTIONER.

THESE TERMS AND CONDITIONS OF SALE ARE SUBJECT TO CHANGE BY SELLER WITHOUT PRIOR NOTICE BY SELLER IN SELLER’S SOLE DISCRETION. IT IS THE RESPONSIBILITY OF CUSTOMER TO REVIEW THIS AGREEMENT PRIOR TO PURCHASE IN EACH INSTANCE. Customers should check this Agreement prior to submitting any order. Seller will post then-current Terms and Conditions of Sale on its website.

Products are available only to US Customers.

1. GENERAL/ACCEPTANCE. (a) This Agreement contains the only terms and conditions by which Seller will quote and sell Product to Customer; (b) The terms “purchase order” or “order” for the purposes of this Agreement include the term “request for quotation,” as appropriate; (c) This Agreement supersedes all terms and conditions in any purchase order issued by Customer; (d) No reference to Customer’s purchase order will in any way incorporate different or additional terms and conditions, all of which Seller expressly objects to and rejects; (e) ACCEPTANCE BY SELLER OF CUSTOMER'S PURCHASE ORDER IS EXPRESSLY CONDITIONED ON THE CUSTOMER'S ASSENT TO AND ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT; (f) Seller reserves the right to decline any order in whole or in part.

2. ORDERS. a. Order Processing. Customer will submit a purchase order in form and to the instructions provided by Seller, or if per Customer’s Purchase Order, in a written format acceptable to Seller, including the date, Customer’s account number, invoice address, ship to address, part number, pricing, and designated contact information. Seller may adjust pricing or other terms at any time prior to acceptance of any order.

b. Acceptance of Purchase Orders. Orders are subject to Seller acceptance. Seller will attempt to (i) acknowledge receipt of each Customer purchase order, and (ii) notify Customer whether Seller accepts or rejects the purchase order. If Seller fails to accept or reject a purchase order within a reasonable time period, failure to respond will be deemed a rejection of the order.

c. Changes to Order/ Cancellation of Orders. Unless otherwise provided in this Agreement, Customer acknowledges that (i) requesting a Change Order may cause a delay in the scheduled shipment date, a longer lead time or result in a new scheduled shipment date; (ii) Orders may not be changed after Seller’s order acknowledgement or acceptance.

3. PRICES, INVOICES AND PAYMENT. a. Prices. Seller’s prices are subject to change without prior notice. Seller may charge Customer additional amounts if Customer requests special packing, marking, shipment, product modification, or engineering services. Only Seller’s written price lists are valid.

b. Taxes. All taxes, charges, or duties imposed by any governmental authority on Product sales will be paid by Customer.

c. Payment Terms. Seller will deliver an invoice with each Product shipment. Customer will pay all invoiced amounts net thirty (30) days of the invoice date (subject to any early pay discounts that may be offered to Customer by Seller in its sole discretion). Customer will make all payments in United States dollars. Past due invoices will be subject to a late payment fee of 1.5% per month on any overdue unpaid balance, equivalent to 18% per annum from the date due until paid in full. Customer is responsible for and will pay Seller all costs of collection, including without limitation, reasonable attorneys' fees, for any overdue amount owed by Customer to Seller, and such collection costs will also be subject to late payment fees at the rate imposed by this paragraph.

4. CREDIT TERMS. Unless Customer pre-pays all of its purchase orders in advance, its purchase orders will be subject to the credit limit and other terms of credit (“Credit Terms”) in Seller’s credit application. Credit Terms are subject to change by Seller at any time. Seller reserves the right to request payment in advance of shipment of any order or to request adequate assurances for Customer’s payment of an order. Seller may withhold or stop shipment without liability to Seller until Customer submits payment or adequate assurance of payment.

5. PRESCRIPTION ONLY. Only licensed medical care professionals may fit and resell Seller’s Products, which are prescription-only pessaries, pessary accessories and associated fitting kits. “Authorized Resellers” are medical care professionals properly licensed to fit and prescribe Seller’s prescription-only pessary Products to their patients (the “Patients”). Customer warrants that Customer or the Authorized Resellers for which they are purchasing Products (if different from Customer) will offer Products to Patients only in conformity with Seller documentation and specifications and will maintain sufficient inventory to adequately support Patients’ and Authorized Resellers’ requirements. Customer will, and insure that Authorized Resellers will, at Customer expense, maintain sufficient knowledge of the industry and products competitive with Product to be able to (a) explain in detail to Patients the differences between the Product and competing products, (b) ensure that an adequate number of trained, capable and qualified medical personnel with sufficient knowledge of the Product and who have obtained all necessary licenses and permits are available to assist Patients with fitting, sale and post-sale Product and Patient requirements, and (c) instruct Patients with respect to use and care of Products in accordance with Seller’s Product instructions and precautions as provided.

6. DEFAULT. If Customer is in default of payment or otherwise with respect to any purchase order or other contract with Seller, Seller will have the right, in addition to all other legal remedies and without prejudice to any of its rights, to defer further shipments until such default is corrected and to declare all outstanding bills of Customer to be immediately due and payable.

7. ALL SALES FINAL; INSPECTION; DELIVERY.

a. Inspection. Customer will inspect all Product immediately on receipt. Product is deemed accepted unless Customer notifies Seller in writing of any nonconformity within five (5) days of delivery and provides Seller with written evidence reasonably documenting nonconformity.

b. Delivery. Delivery schedules for Product may be changed by Seller as conditions require. Seller may make partial shipments, which are due and payable in accordance with this Agreement.

c. All Sales Final. Products may not be returned unless Customer receives written return authorization from Seller, which return authorizations will be limited to: (1) Products defective when placed by Seller with the common carrier; (II) if Seller has incorrectly shipped the wrong Product to Customer; or (III) if the Product was not ordered by Customer.

Customer must obtain a returned merchandise authorization number (“RMA”) from Seller prior to any return. Products will be considered for return authorization only if Products are returned in its original packaging and in marketable condition.

In the event Customer believes a Product was defective on shipment, the amount of final credit will be determined following Seller’s inspection and analysis of the condition of the Product and return. Seller’s determination of Product condition and the origin of any damage is final.

RETURNS MUST BE INITIATED WITHIN TEN (10) DAYS OF PRODUCT DELIVERY.

8. TITLE & RISK OF LOSS. Product is sold UCC FOB Seller's place of shipment. Title and risk of loss pass to Customer upon delivery to the carrier at Seller's place of shipment, provided however, Seller has and will retain a purchase money security interest in the Product until full payment has been received. Customer will take all actions necessary to protect Seller’s interests by adequately insuring the Product against loss or damage from any cause.

9. SHIPPING. Seller will pack, mark, and ship Product according to its standard procedures for shipment. If agreed by Seller, special instructions may result in additional costs. All claims for loss or damage to Product while in the care, custody, and/or control of a carrier are the responsibility of Customer.

10. PRODUCT CHANGES. Seller does not guaranty that any Product will continue to be available for purchase other than by accepted purchase order. Seller may make changes to Product without prior notice.

11. PRODUCT USAGE LIMITATION. Customer agrees: (i) it will not sell or use outdated or other Product in any manner contrary to the manner in which the Product is intended to be used as provided in the accompanying instructions and relevant law; and/or (ii) it will not to modify the design of any Product for use with another product or otherwise.

12. Intellectual Property. Customer will not use or permit use of Seller’s trademarks without Seller’s prior, express consent. Customer may use Seller’s trademarks, including without limitation REIA, only in connection with Product and in conformity with REIA’s then current policies. Customer will not develop any good will or rights in Seller’s mark or business by use or otherwise, all of which will inure solely to the benefit of Seller. Customer will not challenge the exclusive rights of Seller in and to its trademarks or the good will represented by such trademarks, nor assist any third party to do so, now or at any time in future. Seller is entitled to specific performance of Customer’s obligations in this section and injunctive relief to prevent a breach or threatened breach without posting a bond. Seller’s rights in this section will survive expiration or termination of this Agreement for any reason.

b. Confidential Information. “Confidential Information” is information the parties do not release publicly that is not otherwise publicly available other than through breach of this Agreement or information demonstrably lawfully known to the other party prior to disclosure by the disclosing party. The parties agree not to disclose the confidential information of the other party without prior, written consent of the disclosing party.

13. LIMITED WARRANTY. SELLER WARRANTS TO CUSTOMER THAT THE PRODUCTS WILL BE FREE OF MATERIAL DEFECTS IN MATERIALS AND WORKMANSHIP FOR TWELVE (12) MONTHS FROM THE SHIPMENT DATE AND WILL MATERIALLY CONFORM TO SELLER SPECIFICATIONS AS PROVIDED ON THE ORDER ACCEPTANCE DATE.

SELLER MAKES NO OTHER WARRANTIES EXCEPT THOSE STATED IN THIS LIMITED WARRANTY, INCLUDING WITHOUT LIMITATION THAT PRODUCT WILL BE SUITABLE FOR OR TOLERATED BY ANY PATIENT.

SELLER’S SOLE OBLIGATION UNDER THIS WARRANTY, AND CUSTOMER’S SOLE REMEDY, IS LIMITED TO REPLACEMENT OF PRODUCT, PROVIDED WRITTEN NOTICE OF THE DEFECT OR NONCONFORMANCE IS PROVIDED BY CUSTOMER WITHIN TEN (10) DAYS OF DISCOVERY OF THE DEFECT OR NONCONFORMITY AND CUSTOMER HAS FULLY COMPLIED WITH THE PROVISIONS OF THIS AGREEMENT.

SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

13. LIMITED WARRANTY. EXCLUSIONS. The Limited Warranty does not apply to Product that: 1. is used (whether by Customer, any Authorized Reseller or other medical practitioner or any Patient) for purposes for which they are not designed or intended; 2. has been altered without the Seller’s prior written consent in each instance; 3. has been subjected to misuse, abuse, negligence or accident; 4. has been improperly stored, fitted, inserted, cleaned or otherwise maintained improperly; 5. has been used in violation of written instructions provided by Seller to Customer for use by Customer, Authorized Resellers or Patients; 6. Has been subjected to improper temperature or other environmental conditions; 7. has been affected by normal wear and tear; (8) had been affected by use with materials or products not manufactured by Seller, including without limitation, applicators not sold by Seller, contraceptive materials or devices, cleansers, gels, lotions or creams, inclusive of the water-based lubricants Seller recommends for use with pessaries.

Customer agrees to notify Seller immediately in writing if any claim is made for any injury or damage allegedly caused by Product, cooperate with Seller in the resolution of such claim and not settle any claim without Seller’s prior, written consent. If Customer fails to notify Seller of such claim or fails to cooperate in such defense, then Seller and Indemnities (as defined in this Agreement) will be discharged from any liability and will have no further liability.

14. LIMITATION OF REMEDIES. CUSTOMER'S EXCLUSIVE AND SOLE REMEDY WITH RESPECT TO NON-CONFORMING PRODUCTS WILL BE, AT SELLER’S OPTION: (A) REPLACEMENT OF THE AFFECTED PRODUCTS; OR (B) REFUND OF THE PRICE PAID FOR THE PRODUCT.

IN NO EVENT WILL THE SELLER'S MAXIMUM LIABILITY FOR ANY REASON EXCEED THE SELLING PRICE FOR PRODUCT PURCHASED BY CUSTOMER IN THE YEAR PRECEDING THE EVENT GIVING RISE TO THE CLAIM OF NON-CONFORMITY. THESE REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER REMEDIES.

CUSTOMER WAIVES AND RELEASES SELLER AND THE INDEMNITIES FROM AND AGAINST ALL OTHER WARRANTIES, OBLIGATIONS, REPRESENTATIONS AND LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW, IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, INCLUDING BUT NOT LIMITED TO (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY IMPLIED THROUGH COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE OR (II) CLAIMS ARISING OUT OF THE NEGLIGENCE OF SELLER OR SELLER’S SUPPLIERS OR (III) ANY OTHER CLAIM ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE PERFORMANCE OF SELLER OR FROM THE DESIGN, MANUFACTURE, SALE, REPAIR, OR USE OF PRODUCT, OR ANY PRODUCT COMPONENT.

SELLER’S WARRANTIES ARE NOT TRANSFERABLE TO AUTHORIZED RESELLERS, PATIENTS OR OTHERWISE.

CUSTOMER WILL MAKE NO WARRANTY WITH RESPECT TO PRODUCT IN ADDITION TO OR IN CONTRAVENTION OF THIS LIMITED WARRANTY.

15. INDEMNIFICATION AND LIMITATION OF LIABILITY. a. Customer will indemnify, defend and hold Seller, and its officers, directors, managers, members, employees, affiliates and agents (collectively the “Indemnitees”) harmless from and against any and all damages, claims, losses, expenses, costs, obligations, liabilities, including without limiting the generality of the foregoing, liabilities for court costs and attorneys’ fees, suffered directly or indirectly by an Indemnitee by reason of, or arising out of any injury, death or loss to any person, or injury to any property (collectively, “Damages”), received or sustained by any person(s) or property, arising out of, occasioned by, attributable or related to i) any breach of any representation or warranty made by Customer, its officers, directors, employees, affiliates, users, agents, representatives or customers to Seller, (ii) any failure by Customer to perform or fulfill any of its covenants, acts and/or omissions to Seller or to any third party, or (iii) any litigation, proceeding or claim by any third party relating in any way to the obligations of Customer and/or the Product sold by Seller to Customer other than arising from a Product defective on shipment from Seller to Customer.

During any time Customer is procuring or reselling Product to Patients or Authorized Resellers, Customer represents and warrants that it and its Authorized Resellers will maintain or cause to be maintained medical malpractice insurance for each medical professional interacting with Patients with respect to Patient visits in connection with Products, and that such insurance covers the obligations of indemnity in this Agreement, in an amount of not less than Two ($2,000,000) Dollars on an occurrence basis, whether or not the medical practice or any particular Authorized Reseller customarily maintains malpractice insurance.

These obligations of indemnity will survive termination of any order or this Agreement for any reason.

IN NO EVENT WILL SELLER OR INDEMNITIES BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OF THE PRODUCTS, LOST PROFITS, LOST REVENUE, LOSS OF INTEREST, LOST GOODWILL, LOSS OF DATA, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR ANY OTHER LOSSES OR DAMAGES ARISING OUT OF ANY LACK OF OR LOSS OF USE OF THE PRODUCTS WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY OR NEGLIGENCE), PATENT INFRINGEMENT, OR OTHERWISE, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CUSTOMER ACCEPTS THE LIMITATIONS OF DAMAGES IN THIS AGREEMENT AND UNDERSTANDS AND AGREES TO SUCH LIMITATIONS, WITH THE UNDERSTANDING THAT SELLER WOULD NOT HAVE SOLD PRODUCTS TO CUSTOMER BUT FOR THESE LIMITATIONS.

b) SELLER INTELLECTUAL PROPERTY. Seller makes no representation or warranty to the Customer that Product will not infringe any intellectual property rights including, without limitations, claims arising from patent, copyright, trademark, trade secret, or other intellectual property infringement.

c) To the extent that applicable law does not permit any limitations set out in this Agreement, such limitation will not be applied or invoked.

16. PRODUCT RECALLS/SUSPECT PRODUCT. If either party becomes aware of any incident involving potential contamination or defect that could result in a Product recall of any Product, that party will provide timely notice to the other party by electronic mail and/or telephone followed by further written notice. The parties will cooperate to identify and remove from sale any Products suspected of contamination or defect. To the extent that any contaminated or defective Products have been identified as sold to Patients, unless ordered by a governmental agency or required by its insurers, Customer agrees it will not issue any press releases or make any public announcements concerning the recall/potential contamination without the prior written consent of Seller, which consent will be provided in a timely and reasonable manner under the circumstances. Customer will cooperate with Seller and its agents in providing access to Customer, Authorized Resellers and Patients for the purpose of recovery, testing and destruction of suspect Product. Customer may retain samples for its own testing and archival purposes.

17. TERM FOR CLAIMS. NO ACTION ARISING OUT OF ANY CLAIMED BREACH OF THIS AGREEMENT BY SELLER MAY BE BROUGHT BY CUSTOMER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN.

18. FORCE MAJEURE/EXCUSABLE DELAY. Any delay or failure of Seller to perform its obligations hereunder will be excused to the extent that it is caused by an event or occurrence beyond Seller’s control. The delivery date will be extended for a time equal to that of the delay and the schedule for Seller’s performance will be deemed adjusted to that effect.

19. ENTIRE AGREEMENT AND AMENDMENT. This Agreement, together with the attachments, exhibits, webpages, or supplements specifically referenced and incorporated in this Agreement, constitute the entire agreement between Seller and Customer with respect to its subject matter and supersede all previous communications, representations, or agreements, oral or written, between Seller and Customer and may be modified only in a writing signed by Seller and signed by a duly authorized representative of Seller or issued by Seller.

20. GOVERNING LAW; VENUE; AND EXPENSES. Any dispute or claim relating to this Agreement will be governed by and construed according to the laws of the State of New Hampshire, USA (excluding its conflict of laws principles. All disputes that cannot be resolved amicably by the parties will be instituted and maintained in the applicable state or federal courts of the State of New Hampshire. Customer consents to the personal and subject matter jurisdiction of such courts for this purpose, agrees that New Hampshire is not an inconvenient forum for any action arising from or relating to this Agreement, and agrees it will not contest venue as determined by Seller. Customer agrees to pay all expenses (including, but not limited to, collection costs, court costs and attorneys’ fees) incurred by Seller in enforcing this Agreement.

21. RELATIONSHIP OF THE PARTIES. The relationship of the parties is solely seller and purchaser of goods. Neither party will have any power or authority to enter into any commitment on behalf of or otherwise bind the any other party on any matter.

22. SETOFF. Customer does not have the right to setoff or to back charge against any amounts which become payable to Seller under this Agreement or otherwise.

23. ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES. Both parties expressly agree to electronic transactions and acknowledge that documents they sign electronically will bind them to the same extent as a paper signature. Customer represents and warrants to Seller that only employees authorized to bind Customer legally will electronically sign any document under this Agreement. Customer will comply with any method of electronic communication/payment processing specified by Seller.

24. COMPLIANCE WITH APPLICABLE LAWS. 1. Customer will comply with all applicable federal, state and municipal laws, regulations, codes, ordinances and orders that pertain to the Product, including but not limited to full compliance with any applicable provisions of The Health Insurance Portability and Accountability Act. 2. Customer will indemnify and hold the Seller harmless from any claim, demand, expense or cost arising from any breach of this section. 3. To the extent any sale of Product pursuant to this Agreement may require approval of the U.S. Government, Seller’s obligations under this Agreement are conditioned upon the grant of such approval and upon compliance by Customer with any restrictions imposed by the U.S. Government in connection with such approval. 4. No Inducements. Each party represents to each other that neither it nor any person acting on its behalf has, in contravention of any applicable law, given or offered to give or will give or offer to give, any sum of money or other material consideration to any person, directly or indirectly, as an inducement to obtain business or to influence the granting of licenses or other governmental permissions to enter into this Agreement or perform its obligations.

25. REPRESENTATIONS AND WARRANTIES. Customer represents, warrants and covenants to Seller that: (a) it has the right, power, and authority to enter into this Agreement and fully perform its obligations hereunder; (b) it complies, and at all times will comply, with all laws, rules, and regulations in effect that are applicable to its performance under this Agreement.

26. NOTICES AND CHANGE OF ADDRESS. All notices under this Agreement will be in writing and delivered by confirmed overnight courier or e-mail addressed to the party to whom it is intended, at the address(es) for Seller as then provided in this Agreement (mailing address: Reia, LLC, P.O. Box 122 Lyme, NH 03768; e-mail: sales@reiahealth.com) and the address for Customer provided in its Purchase Order or as otherwise provided in writing by Customer to Seller. Either party may change its address for notice by giving written notice to the other party. Notices sent by e-mail require tangible confirmation of receipt from addressee. Notices are valid on receipt or refusal.

27. ASSIGNMENT. Customer may not assign this Agreement without the prior written consent of Seller in each instance, which consent will not be withheld unreasonably. Seller may assign or transfer its rights and delegate its duties under this Agreement. The rights and duties in this Agreement will bind and inure to the benefit of any permitted assignee of Customer and the assignees and transferees of Seller.

28. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal, or, that provision will be deemed severed and the parties will negotiate in good faith to arrive at an alternative arrangement approximating the original business objective of this Agreement. The remaining terms and conditions of this Agreement will remain in effect.

29. NO IMPLIED WAIVER. The failure of either party at any time to require performance by the other party of any provision of this Agreement will not affect the right to require performance at any time thereafter, nor constitute a waiver of any breach of the same or any other provision.

30. MISCELLANEOUS. (a) The rights and remedies reserved to Seller are cumulative and additional to any other rights and remedies provided at law or equity; (b) The official text of this Agreement is in the English language. If this Agreement is translated into another language, the English text will govern; (c) Obligations that by their nature survive will survive expiration or termination of this Agreement for any reason; (d) Headings in this Agreement are for convenience of reference only and do not affect the meaning of this Agreement; (e) Each party warrants to the other that it is authorized to enter into this Agreement and these obligations are binding on that party.

Protected by patents: US11185438B2, US11491047B2, US11903869B2, US11865033B2, US20220296411A1.

PRODUCTS TERMS OF USE

PLEASE CONTACT YOUR MEDICAL CARE PROVIDER IMMEDIATELY IF YOU ARE EXPERIENCING ANY ISSUES OR ADVERSE AFFECTS FROM A REIA PRODUCT. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, DIAL 911.

Our unique, patented pessary products are available to patients/consumers by prescription only. Reia does not sell products directly to patients or advise patients on their medical care. We do not have information on patients provided with our products by their medical care providers. Interested patients should contact their medical provider for information about use and care of Reia™ pessary products, proper fitting of the product and to purchase product.

Patient Information:

Interested in a Reia™ pessary? We are happy to provide your practitioner with additional information at their request or download the .pdf materials here and bring them with you to your next appointment.
Patient Instructions: Please download a .pdf copy of patient instructions here.
Limited Patient Warranty:

If you believe your pessary is defective, or it has been damaged, please contact your medical care provider for further information and inspection of your pessary (and/or the applicator, if you have been provided with an applicator). Only your medical care provider can inspect and replace your pessary, if necessary. We do not accept returns from consumers and cannot advise you on your medical condition.

We warrant that our products are not defective in accordance with product specifications on shipment from our facility. If your medical care professional believes that your product was defective when shipped for us, they will provide you with another pessary without charge. Reia will work with your practitioner to replace a pessary that was defective on shipment from our facilities at no charge to you.
Our obligation to provide you with a new product through your medical care provider for products defective on shipment from us to your medical care provider is your sole remedy against us for any loss or damage you might suffer in connection with or arising out of a defective Reia™ product.
We do not cover the cost of the repeat medical care provider visit.
This consumer Limited Warranty is in effect for ninety (90) days from the date your practitioner first supplies you with the product in question.
This Limited Warranty is applicable only to the first patient provided with a particular pessary. Do not share or provide your pessary to another patient.
This Limited Warranty does not cover defects or damage resulting from accident, misuse, neglect or unusual physical stress (such as freezing or storage in abnormally hot environments), normal wear and tear, damage resulting from failure to clean and store the product properly in accordance with instructions, improper placement or removal or failure to remove product, damage resulting from use of the Reia products with products that are not produced by us (such as creams, lotions or gels) (please see instructions recommending use of the Reia™ pessary with a water-based lubricant), modification to the product or cosmetic damage to the product. Misuse of a Reia™ product voids any warranty with respect to that product.
This Limited Warranty is the exclusive patient warranty for Reia™ products, express or implied, and Reia expressly disclaims all other warranties of any kind or nature, including without limitation, fitness for a particular purpose, merchantability and non-infringement to the maximum extent permitted by law. Please note that only your practitioner can determine if the Reia™ pessary is indicated for your medical condition.
In no event will Reia or its agents be liable for any special, incidental, consequential, punitive or other special or exemplary damages of any kind or nature, however caused and based on any theory of liability, even if we have been informed of the possibility of such damages.
Replacement of the pessary is your sole remedy. We are not liable for any other loss or damage you may suffer even if your pessary is determined to be defective.
Some states do not permit disclaimers of warranties to consumers, and some of these provisions may not apply to you. If any provisions of this Limited Warranty do not apply to you, the remaining provisions will be enforceable. These Limited Warranty provisions will be enforced to the extent permitted by law.

WEBSITE TERMS OF USE

CALL 911 IN THE EVENT OF AN EMERGENCY.

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

IF YOU BELIEVE YOU HAVE A MEDICAL CONDITION THAT REQUIRES EVALUATION OR TREATMENT, PLEASE CONTACT YOUR HEALTHCARE PROVIDER AS SOON AS POSSIBLE.

Welcome to reiahealth.com. The reiahealth.com website (the "Site") is comprised of various web pages operated by Reia, LLC ("Reia") (also referred as the “company,” “we” or “us”). reiahealth.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in these Terms of Use (the "Terms"). Your use of reiahealth.com constitutes your agreement to all such Terms. Please read these Terms carefully each time you visit our Site, and keep a copy of them for your reference. We may change these Terms of Use at any time with or without prior notice. Please review the Terms of Use each time you visit the Site. By using this Site, it means you accept any and all Terms.

All content on this Site is owned or controlled by us.

We use reasonable efforts to include up-to-date and accurate information in this Site, but we make no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. We will not be liable for any damages or injury resulting from your access to, or inability to access, this Site, or from your reliance on any information provided at this Site. Please see the important disclaimers below.

Any personally identifiable information in electronic communications to this Site is governed by our Privacy Policy. We will be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose in our sole discretion. Such purposes may include disclosure to third parties and/or developing, manufacturing and/or marketing goods or services. Additional information is below. IF YOU DO NOT WANT US TO HAVE AN UNRESTRICTED LICENSE IN OR OWN WHAT YOU WANT TO SUBMIT, DO NOT SUBMIT IT. Please see additional information below.

The sender of any communications to this Site or to the owners or agents of this Site will be responsible for its content and information it contains, including its truthfulness and accuracy.

PLEASE READ THESE TERMS OF USE CAREFULLY. These Terms of Use describe rules and obligations for Users of this Site as well as services we may provide on or through this Site, including the ability to subscribe to our newsletters or submit questions, comments, expressions of interest and forms to us.

ABOUT THE INFORMATION ON THIS WEBSITE. Much of the information on this Site relates to company products in a clinical testing phase and informational services offered by the company. The materials on this Site are for your general educational information only. Information you read on this Site cannot replace the relationship that you have with your healthcare professional or information specific to your care. Company products and proposed products are not available to the general public. The company does not practice medicine or provide medical services or advice, and the information on this Site should not be considered medical advice. You should always talk to your healthcare professional for diagnosis and treatment of any condition.

Health information changes quickly. Therefore, it is always best to confirm information with your healthcare professional. We invite you to ask your healthcare professional about information you find on the Site or through our services.

This Site contains information about products and therapies not approved or cleared for use in the United States or elsewhere in the world, and are in clinical testing now. The company makes no representation as to the safety or efficacy of any product or service, and provides its devices only in connection with its then-current clinical test protocols supervised and utilized only through contracted clinicians in the United States. Use of our medical devices for any other purpose or by any other party is strictly prohibited.

COPYRIGHTS, TRADEMARKS, PATENTS. The materials on this Site belong to or are licensed to us, although we may also display information in the public domain. Many of these materials are protected by United States and foreign copyright laws. There are some important rules about copying these materials. You may email, download, or print copies of the materials on this Site, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this Site, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page. If you are a health care professional and wish to make multiple copies of materials on our Site, please conta ct us.

We own the names (marks) we use for our products and services, and these names (marks) are protected by trademark laws. We may also include marks and materials owned by others. An ® following a name on our Site indicates that the trademark has been registered in the United States. A ™ following a name on our Site indicates that it is an unregistered trademark, but is or may be protected under state or common law. All trademarks are the property of their respective owners. © indicates that the material is subject to copyright protection. Patent pending or a patent number indicates that a patent is claimed or has issued. We do not warrant that all materials display the proper notices. Use at your own risk.

There may be special rules for the use of materials provided on certain parts of this Site and/or noted on materials provided with or in association with our services. These special rules will be posted near the materials.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Reia content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use content solely for your personal use, and will make no other use of the content without the prior, express written permission of Reia or the copyright owner in each instance, which permission is in our or their sole discretion. You agree that you do not acquire any ownership rights in any content. We do not grant you any licenses, express or implied, to the intellectual property of Reia or our licensors or other content providers except as expressly authorized by these Terms.

If you use the materials or trademarks on this Site in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, patent and other laws. In that case, we automatically revoke your permission to use this Site without further action or notice. Title to the materials remains with us or with the authors/owners of the materials contained on this Site.

All rights to all intellectual property and proprietary information you access on or through this Site or our Services not expressly granted to you by these Terms are reserved to the company, its licensors and/or the owner(s) of such intellectual property and proprietary information.

Digital Millennium Copyright Act (DCMA) Notice:

If you believe that any content on our Site violates the rights of a copyright holder, please contact us at hello@reiahealth.com with the information as follows:

1. An electronic signature of the copyright owner;

2. A description of the copyrighted work;

3. The location of the work on our Site;

4. The name, physical address, telephone number, and email address of the alleged copyright owner and the email address of the sender and their relationship to the copyright owner, if different from the copyright owner;

5. A statement that the notice sender has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or by law;

6. A sworn statement under penalty of perjury that the information provided is complete and correct, and that the notice is the copyright owner or that the sender is authorized to act on behalf of the copyright owner;

7. Provide a copy of the Certificate of Copyright Registration if available.

Providing false information and making a false claim is punishable under federal law, and those making false notices can be sued and held civilly liable.

We will investigate the claim and respond in a commercially reasonable time frame.

LINKS TO THIS WEBSITE AND USE OF COMPANY MARKS. You are granted a non-exclusive, limited, and revocable license to link to this Site. The company reserves the right to revoke this license generally, or your right to use specific links, at any time. If the company revokes this license, you agree to remove and disable any and all of your links to this Site immediately.

You agree not to present the link to this Site in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a Site that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you "frame" this Site or any of its content or copy portions of this Site to a server. You agree not to display or use the company logo or trademark in any manner without our prior written permission each instance.

LINKS TO OTHER WEBSITES. This Site may contain links to sites not operated by the company. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other sites. These sites may contain information about uses of the company products or therapies that have not been approved in the United States or in other countries. We do not control or endorse this type of information. We are not responsible for the performance of those sites or for your business dealings with them. Your use of other sites is subject to the terms of use of those sites, including the privacy policies of those sites.

YOUR FEEDBACK, COMMENTS AND IDEAS. While we are pleased to receive feedback, comments and ideas from visitors to this Site, we want you to understand that any information that you submit through this Site will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this Site, you grant the company an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that the company is free to use them for any purpose now or in future. You waive any so-called “moral” rights in all materials you submit, and you ratify and approve all such use throughout the world forever. You will cooperate with us on request to secure intellectual property protection in the company’s name at the company’s discretion. If we cannot locate you or you later try to rescind this agreement, you appoint us as your attorney in fact with respect to such submissions and that appointment is deemed coupled with an interest. You agree that all feedback, comments and ideas of every nature in any form or medium you post or submit to the company or the Site is your own, original work and is not the intellectual or other property or proprietary information of any third party.

NO WARRANTIES. ALL CONTENT ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU EXPRESSLY AGREE TO THESE LIMITATIONS ON WARRANTIES.

WITHOUT LIMITATION OF THE ABOVE, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE OR OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PROVIDED BY LAW YOU AGREE THAT NEITHER THE COMPANY NOR ANY PERSON OR ENTITY ASSOCIATED WITH THE COMPANY, INCUDING WITHOUT LIMITATION, THE COMPANY’S MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS, WILL BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, ANY COMPANY SERVICES OR THE MATERIALS/CONTENT ON THIS SITE WHETHER OR NOT THE COMPANY IS AWARE OF THE POSSIBILITY OF SUCH LOS OR DAMAGE. THIS PROTECTION COVERS CLAIMS BASED IN WARRANTY, NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, AND EVERY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE COMPANY, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR ANY COMPANY INFORMATION OR SERVICES. YOU AGREE THAT IN NO EVENT WILL THE TOTAL LIABILITY OF THE COMPANY, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES EXCEED AN AGGREGATE OF U.S. $ 100.00 (US ONE HUNDRED DOLLARS).

IN NO EVENT WILL THE COMPANY, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES WHATSEVER GREATER OR OTHER THAN THE AMOUNT ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT THIS LIMITATION OF DAMAGES IS FAIR AND REASONABLE UNDER THE CIRCUMSTANCES, AND THAT THE COMPANY WOULD NOT HAVE PROVIDED YOU WITH ACCESS TO THE SITE OR ANY SERVICES BUT FOR THIS LIMITATION OF DAMAGES.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY, SO ONE OR MORE OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NONETHELESS, YOU AGREE THAT THESE LIMITATIONS ARE FAIR AND REASONABLE UNDER THE CIRCUMSTANCES.

OTHER TERMS AND CONDITIONS APPLICABLE TO THIS WEBSITE. In addition to the conditions, obligations, terms and conditions in these Terms of Use and the Privacy Policy, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in this Site, or by following a link from this Site. Please read our Privacy Policy carefully to learn how we protect and use information that we gather through this Site.

Your obligations under these Terms of Use and our Privacy Policy will survive termination of these Terms of Use, including the Privacy Policy, provided that the company may amend these Terms of Use with or without prior notice at any time. It is your obligation to review these provisions every time you use the Site or any of the company’s services (such as reading our newsletters or other mass mailings or submitting any questions, forms or other materials to the company or its agents. As a reminder, if you link to other sites through the company’s Site or services, you may visit sites or service providers with terms of use or privacy policies that differ from the company’s Terms of Use or Privacy Policy. It is your responsibility to review all such terms and policies and the company is not responsible for your use of third party services even if we have established a link or recommended such sites/services.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of that term or condition or any other term or condition. No modification by you of any of these Terms of Use is valid unless signed by an authorized agent of the company in each instance. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Reia as a result of this agreement or use of the Site. Reia's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Reia's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Reia with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

If you violate these Terms of Use, including in a way that causes harm to others, you agree to hold the company harmless against any liability for that harm and to compensate the company for any damage or loss of any kind or nature it may sustain, including without limitation the company’s reasonable attorneys’ fees and costs.

Jurisdiction; Class Action Waiver

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

These Terms of Use are governed by the substantive laws of the State of New Hampshire, without respect to its conflict of laws principles, and United States federal law to the extent applicable.

By using this Site, you agree that the only proper jurisdiction and venue for any dispute with the company, or in any way relating to or arising out of your use of this Site, is in the state and federal courts in the State of New Hampshire, U.S.A., and that all claims of every nature will be adjudicated solely in such courts in accordance with the rules of each such court. You further agree and consent to the exercise of personal and subject matter jurisdiction in these courts in connection with any dispute involving the company or its members, employees, officers, directors, agents, or suppliers. You waive any right to trial by jury. You agree not to contest venue in the applicable court chosen by the company.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST REIA ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Reia agree otherwise, the court may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and you will not file or request relief in violation of this provision. If you violate this provision, you will be responsible for Reia’s costs and damages arising out of such violation, including without limitation, its attorneys’ fees and costs.

QUESTIONS, COMMENTS, AND NOTICES. The company may deliver notice to you by electronic mail, a general notice on this Site, or by written communication delivered by First Class U.S. Mail or recognized courier service to your email/physical address on record with the company. All notices to the company must be in writing. You may deliver notice to the company by using the Con tac t Us feature.

Notwithstanding any other term or provision in these Terms, we may bar you from our Site, remove the Site from the internet temporarily or permanently or modify the Site at any time, with or without prior notice.

Dated: October 7, 2021