1. This MYPHARMJAR CLIENT CONTRACT (the “Agreement”) constitutes a legally binding agreement between MyPharmJar, an Oregon company (‘MyPharmJar”), and you (“You” or “Your”).  AS PART OF YOUR REGISTRATION WITH MYPHARMJAR, YOU AGREE AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ANY CHANGES TO THIS AGREEMENT OR ADDITIONAL POLICIES INCORPORATED BY REFERENCE WHICH MYPHARMJAR MAY MAKE IN ITS SOLE DISCRETION IN THE FUTURE, FOR AS LONG AS YOU USE THE MYPHARMJAR WEBSITE AND AFFILIATE SERVICES. 

Subject to the terms and conditions of this Agreement, MyPharmJar hereby grants to You a non-exclusive, revocable, right and license, without the right to sublicense, to use MyPharmJar’s proprietary online platform, including without limitation the website located at http://www.MyPharmJar.com, any services offered on or through such website, and any servers, computers or networks used to provide such website (the “MyPharmJar Services”) for the purposes set forth in this Agreement.  

In addition to any other rights or remedies afforded MyPharmJar under or otherwise in connection with this Agreement, You agree and acknowledge that You have read and agree to comply with the following policies which are hereby incorporated by reference into, and made a part of, this Agreement: 

INSERT POLICIES 

 
2. REGISTRATION.  
 
(a) You will be required to register for an account to become a MyPharmJar affiliate. When You provide information during the registration process, you agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy. 

(b) If You register for a MyPharmJar account, you agree to accept responsibility for all activities that occur under Your account or password, if any, and You agree You will not sell, transfer or assign Your subscription or any subscriber rights. You are responsible for maintaining the confidentiality of Your password if any, and for restricting access to Your computer (or other Internet access device, as applicable) so that others may not access the password-protected portion of the MyPharmJar Services using Your account information in whole or in part. MyPharmJar reserves the right to terminate Your account or otherwise deny You access in its sole discretion without notice and without liability. 

3. PROMOTING PRODUCTS.  

If You promote, market or otherwise advertise (“Promote” or a “Promotion”) any product which is registered for sale via the MyPharmJar website, either by You or by another MyPharmJar client (each a “Product”), whether via the MyPharmJar Services or via any other online or offline channel or medium, including for the purpose of earning a 10% percentage of the sale price of any Product sold (minus shipping/handling fee’s) as a result of such Promotion (“Commissions”), You agree, acknowledge, represent and warrant that: 

 

You will abide by MyPharmJar’s return policy of 14 days from receipt of the product.  

(b) When You Promote a Product, you will use the applicable MyPharmJar logos, trade names or service marks in accordance with guidelines, which will either be supplied by MyPharmJar or set forth in the  Promotional Messaging Guidelines. For purposes of this Agreement,  

(c) You will not make any unlicensed or unauthorized use of, or otherwise infringe, violate or misappropriate any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary rights (collectively “IP Rights”) of any entity or individual. 

(d) You will not interfere with or manipulate rankings of MyPharmJar’s search engine rankings, tracking of Commissions, or the normal flow of traffic to, through, or from the MyPharmJar Website 

(e) You will not Promote violence, sexually explicit materials, Products from any website, blog, social network, forum or other media that contain, host or promote illegal content or material, illegal activities, alcohol, tobacco or prescription drugs, discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age. 

(f) You will not Promote any Products or services to children under the age of thirteen (13). 

(g) You will not defame any person. 

(h) You will not include any trademarks or other brand identifiers, or any copyrighted materials, other than as expressly permitted by this Agreement. 

(i) You will not incorporate any variation of or misspell any third-party trademarks or other brand identifiers in any domain name, username, or other identifiers, including on any social networking site. 

(j) All communications and/or representations made by You in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with Your country’s laws and all U.S. federal and state laws, including U.S. Federal Trade Commission (“FTC”) regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTC’s Endorsement Guidelines. 

(k) MyPharmJar reserves the right but is not obligated to review Your Promotions. You agree that MyPharmJar, in its sole discretion and at any time, may require changes to Product Promotion and delivery pages, customer support, or other items related to the content of Your Promotions. 

(l) You will provide valid contact information, including but not limited to a working email address and phone number, where MyPharmJar can send inquiries and receive a non-automated reply by the end of the following business day. 

(m) You will comply with all applicable laws, rules, and regulations, and will not interfere with any other user’s business or use of the MyPharmJar website.  MyPharmJar reserves the right to take any action against you for violating this provision, including account suspension and/or termination, in accordance with Section 5(c) hereof. 

4. SELLING PRODUCTS.  

If You register any Products for sale via the MyPharmJar Services, You agree, acknowledge, represent, and warrant that: 

(l) You will comply with all applicable laws, rules, and regulations. 

(2) You will receive 7.5% of all product sold (top-line revenue), this does not include any shipping or handling charges 

(3) Payouts occur on the 2nd day of each month and will be sent via Paypal.

Visit https://mypharmjar.com/my-account to create an account on the website in order to register for the affiliate program

5. AVAILABILITY OF SERVICES; SUSPENSION; TERMINATION.  

You agree and acknowledge that: 

(a) Subject to the terms and conditions of this Agreement and MyPharmJar’s policies and procedures, MyPharmJar shall use commercially reasonable efforts to provide the MyPharmJar website and services in a manner that will not disrupt Your business. You acknowledge and agree that from time-to-time the MyPharmJar website may be inaccessible or inoperable for reasons including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that MyPharmJar may undertake from time to time; or (iii) causes beyond the reasonable control of MyPharmJar or that are reasonably unforeseeable by MyPharmJar, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that MyPharmJar is not liable for any periodic interruptions in the availability of the MyPharmJar website and further acknowledge that MyPharmJar does not guarantee access to the MyPharmJar website on a continuous and uninterrupted basis. 

(b) MyPharmJar may decline, delist or halt sales or Promotion of any Product from the MyPharmJar website, suspend funds, adjust Commissions based on performance, close an account, and/or suspend or terminate the MyPharmJar product or services at any time, in its sole discretion, without cause or notice to You or any penalty or liability for doing so. 

(c) MyPharmJar, in its sole discretion, may suspend or terminate Your account and Your rights to use the MyPharmJar Affiliate website and MyPharmJar may retain any or all funds (including future funds that may accrue) in Your MyPharmJar affiliate account, if: (i) MyPharmJar suspects or has reason to believe and/or if a person otherwise claims that You have violated the law or breached any term of this Agreement; (ii) Your account becomes dormant as defined in our Accounting Policy; (iii) or Your account experiences or is reasonably anticipated to experience a negative balance. Upon such termination, You agree to immediately cease all use of the MyPharmJar website and services and MyPharmJar intellectual property licensed in Section 7(b) of this Agreement. Without limiting the foregoing, MyPharmJar shall have the right to immediately terminate Your access and use of the MyPharmJar Services, or any portion thereof, and to seize funds in your account, in the event of any conduct which MyPharmJar, in its sole discretion, considers to be unacceptable. 

(e) MyPharmJar may withhold any portion of the funds in Your MyPharmJar affiliate account if MyPharmJar, in its sole discretion, determines such action is necessary to secure payment for, performance of, and/or assurances regarding any liabilities, obligations, or indebtedness You may have incurred with MyPharmJar or any other Person. 

6. EMAIL, TEXT MESSAGES, AND TELEMARKETING.  

(a) If You send, or cause to be sent any emails in connection with the direct or indirect Promotion or sale of any Product and/or Your use of the MyPharmJar website and services, then You agree, acknowledge, represent and warrant that all such Emails shall be in compliance with all applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Children’s Online Privacy Protection Act (“COPPA”) (Information on these laws can be found at http://www.ftc.gov/spam/ and http://www.ftc.gov/privacy/privacyinitiatives/childrens.html). 

(b) You shall not directly or indirectly exploit documented or undocumented security holes on any client or server machine, or obtain email addresses via automated means or send an email to any address which was obtained via automated means or the use of spyware, viruses, or other means of bypassing system security or invading consumer privacy. 

(c) You may not, directly or indirectly, send, initiate or procure the sending of any text message, or use or procure the use of any telemarketing activities, to Promote or sell Products, unless You have received prior written approval from MyPharmJar. If You receive such approval and You send, or cause to be sent, any text messages or use or procure telemarketing activities in connection with the direct or indirect Promotion or sale of any Product and/or Your use of the MyPharmJar Services, then You represent and warrant that all such text messages or calls will be in full compliance with all applicable federal and state laws and regulations that apply to send electronic messages and using telemarketing activities, including without limitation regulations issued by the FTC, the Federal Communications Commission (“FCC”), the CAN-SPAM Act, the Telephone Consumer Protection Act (“TCPA”) and state laws regarding anti-spam, text messages and Do-Not-Call Registries (Information on these laws can be found at http://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf, http://www.fcc.gov/guides/spam-unwanted-text-messages-and-email, and http://www.ftc.gov/privacy/privacyinitiatives/childrens.html). 

7. MYPHARMJAR‘S IP RIGHTS. 

(a) Except as set forth in Section 7(b) below, You may not use MyPharmJar’s name, trademarks, service marks or any other IP Right of MyPharmJar in any manner whatsoever to suggest association or affiliation with or endorsement by MyPharmJar without the express prior written consent of MyPharmJar, which MyPharmJar may withhold at its sole discretion. Promotional use of images or reproductions of payment checks issued by MyPharmJar without the express, written consent of MyPharmJar is prohibited. 

(b) Subject to the following terms and conditions, during the term of this Agreement MyPharmJar grants You a limited, revocable license to use MyPharmJar’s name: (i) as a watermark, Internet search engine description, keyword, search term or seeding element with any Internet search engines or keyword-triggered advertising programs; (ii) in metatags or hidden text (iii) as a subdomain or second or third level domain name identifier; (iv) to identify Products or (v) in connection with Promotions. 

1. MyPharmJar may revoke the foregoing license and/or provide restrictions upon Your use of MyPharmJar’s name, including requiring the use of such disclaimers as MyPharmJar may provide, in connection with Your use of MyPharmJar’s name, at any time and for any reason in MyPharmJar’s sole discretion. 

2. Failure to comply with any restrictions imposed by MyPharmJar upon Your use of MyPharmJar’s name or failure by You to immediately cease all use of MyPharmJar’s name if so instructed by MyPharmJar shall constitute (1) a breach of the limited license set forth in this Section 8(b); and (2) a breach of this Agreement. In such a case, MyPharmJar reserves the right to pursue any and all remedies available to it at law or in equity. 

3. You may not use or display MyPharmJar’s name in any manner to disparage MyPharmJar or the MyPharmJar website and services 

(c) Notwithstanding the limited revocable license set forth in Section 8(b) above, as between the parties, MyPharmJar shall be and remain the sole owner of all right, title and interest in and to the MyPharmJar Services (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed or controlled by MyPharmJar, and You hereby assign to MyPharmJar all right, title and interest You may be deemed to have therein. All rights not specifically granted to You under this Agreement are expressly reserved by MyPharmJar. 

8. CONFIDENTIALITY & NON-DISCLOSURE OBLIGATIONS. 

(a) In connection with this Agreement, MyPharmJar may disclose to You and/or You may otherwise receive or have access to sensitive, confidential, and/or proprietary information of MyPharmJar (collectively, “Confidential Information”), including, but not limited to (a) the identities of other Vendors or Affiliates of MyPharmJar (collectively, “MyPharmJar Clients”); (b) physical and data security information; (c) technical data; (d) MyPharmJar Marketplace statistics and sales data; and/or (e) know-how or business information relating to business processes, methods, or marketing strategies. Except as required to perform Your obligations under and in accordance with the terms of this Agreement, You shall not (i) disclose the Confidential Information to any person, or (ii) use the Confidential Information (whether for Your own benefit or the benefit of any other Person), without the express prior written consent of MyPharmJar. You may not use any Confidential Information for the purpose of soliciting or to permit others to solicit, MyPharmJar Clients to subscribe to any other services or promote the sale of any products which compete, either directly or indirectly, with MyPharmJar or the MyPharmJar website or services, including without limitation the functionality offered by the MyPharmJar domain. You agree and acknowledge that MyPharmJar may be required to provide to governmental agencies or other third parties information in its possession regarding You or the business You conduct with MyPharmJar. 

(b) MyPharmJar does not invite and cannot accept any ideas or information You consider to be confidential and/or proprietary. Except with respect to Your personally identifiable information (as expressly provided for in the MyPharmJar Privacy Policy, any suggestions, submissions, comments, ideas, concepts, know-how, techniques material or feedback conveyed, offered or transmitted by You to MyPharmJar, or otherwise in connection with the MyPharmJar Services (collectively, the “Submissions”), shall be deemed to be non-confidential and non-proprietary and MyPharmJar shall have no obligation of any kind with respect to such Submissions, unless otherwise expressly agreed to in a writing executed by You and a duly authorized officer of MyPharmJar. MyPharmJar shall have no obligation to compensate You for any such Submissions in any manner.   

9. EXPORT CONTROL.  

You acknowledge and agree to comply with all applicable export laws, including the U.S. Export Administration Act, the Arms Export Control Act, the International Economic Emergency Powers Act, and the Foreign Corrupt Practices Act; and regulations issued pursuant to these and other U.S. Laws. You hereby represent and warrant that any Product Promoted, offered and/or provided by You via the MyPharmJar Services is approved for export from the United States without additional authorization or licensing from the U.S. government. Should the export authorization status of Your Products change, You must immediately notify MyPharmJar in writing. Information on U.S. export control regulations can be found on the Commerce Department’s website at http://www.bis.doc.gov, the State Department’s website at http://www.pmddtc.state.gov and the U.S. Treasury Department’s website at http://www.treas.gov/offices/enforcement/ofac/index.shtml. 

10. REQUIRED PERMITS.  

 It is your sole responsibility to obtain and maintain all applicable licenses and permits required for the operation of Your business. 

11. REPRESENTATIONS AND WARRANTIES.  

You represent, acknowledge, and warrant that: 

(a) You, Your Products Your Promotions, and/or Your Submissions, as applicable, do not and will not, directly or indirectly: (i) violate the right of privacy or publicity of any person; (ii) contain any libelous, obscene, indecent or otherwise unlawful material; (iii) infringe any IP Rights in any jurisdiction or otherwise contravene any rights of any person; (iv) violate any laws, FTC rules, regulations, guidelines, or industry standards; or (v) violate MyPharmJar’s Privacy Policy. 

(b) You may not: (i) frame, copy or mirror any content forming part of the MyPharmJar Services; (ii) reverse engineer the MyPharmJar Services or otherwise attempt to derive its source materials; (iii) access the MyPharmJar Services for the purpose of (A) building a competitive product or service, or (B) copy any features, functions or graphics of the MyPharmJar Services; (iv) interfere with or disrupt the MyPharmJar Services or any data contained therein; (v) attempt to gain unauthorized access to the MyPharmJar Services, its related systems or networks; or (vi) use the MyPharmJar Services for any unlawful purpose or in violation of the rights of any person. 

12. LIMITATIONS OF LIABILITY.  

IN NO EVENT SHALL ANY MYPHARMJAR PARTY, OR ITS HEIRS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH THIS AGREEMENT AND/OR ANY (A) USE OF OR INABILITY TO USE THE MYPHARMJAR website, product or services, (B) PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES OF ANY KIND, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE MYPHARMJAR website, products or services, (C) UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MYPHARMJAR SERVICES, AND/OR (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE MYPHARMJAR website.  

13. DATA PROCESSING.  

You agree to comply with all data protection laws and regulations, including the E.U.’s data protection regulation, the General Data Protection Regulation (“GDPR”). You agree not to market to persons subject to GDPR who have not consented to receive marketing communications. 

Persons subject to GDPR are entitled to demand that you take certain actions with respect to their data, including, without limitation, that you delete it, correct it, or restrict processing of it.  If you receive a data request from a person subject to GDPR, or if MyPharmJar receives any such request with respect to data you are processing, you agree to honor the request within 30 days. You agree to implement appropriate systems and processes to comply with this requirement. 

If you receive any personal data from MyPharmJar or process personal data on MyPharmJar’s behalf, you will: (1) implement appropriate technical and organizational measures to ensure the security of the data; (2) only process personal data for purposes approved by MyPharmJar; (3) cease processing such data upon request from MyPharmJar; (4) transfer such data only for purposes authorized by law, with prior notification to MyPharmJar, and only pursuant to an appropriate sub-processing agreement; (5) indemnify MyPharmJar for any claim, expense, demand or cost-related to your receipt or use of such data; and (6) upon request, provide MyPharmJar with information sufficient to demonstrate your compliance with this section, and allow MyPharmJar to audit your data practices if necessary in MyPharmJar’s sole discretion. 

14. NO GUARANTEE OF VALIDITY.  

MyPharmJar does not endorse, approve, or certify any information provided on or through the MyPharmJar Services, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Information provided on or through the MyPharmJar Services may or may not be current as of the date of Your access, and MyPharmJar has no duty to update and maintain such information. Additionally, the information provided on or through the MyPharmJar Services may be changed periodically without prior notice. All content provided on or through the MyPharmJar Services is provided “AS IS.” The use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. 

15. DISCLAIMER.  

YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR DECISION TO BECOME A MYPHARMJAR AFFILIATE. THE MYPHARMJAR AFFILIATE PROGRAM AND ALL RELATED SERVICES ARE OFFERED “AS IS” AND MYPHARMJAR DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER MYPHARMJAR NOR ITS RELATED PARTIES AND AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION, FACT OR OPINION PROVIDED ON OR THROUGH THE MYPHARMJAR SERVICES. 

16. GENERAL TERMS AND CONDITIONS. 

(a) Governing Law; Dispute Resolution, Attorneys’ Fees. You agree that Oregon law will govern this Agreement and that any action, suit, proceeding, or claim arising out of or related to this Agreement must be brought exclusively in federal or state courts located in Yamhill county, Oregon. You hereby submit to the in personam jurisdiction and venue of such courts and waive any objection based on inconvenient forum. You agree to indemnify MyPharmJar for all of its reasonable attorneys’ fees and costs incurred as a result of any action, suit, proceeding or claim brought by You or MyPharmJar in which MyPharmJar is found to be the prevailing party. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS AGREEMENT. You and MyPharmJar agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class action or representative action. 

(b) English is Governing Language. This Agreement is in English and all disputes between the parties shall be resolved in English. You understand and acknowledge that any foreign language services provided by MyPharmJar are for informational purposes only and it is Your obligation to obtain independent legal advice at Your own expense to ensure You understand the terms of this Agreement. 

(c) Our Relationship. This Agreement does not create any relationship of principal and agent, partners, joint venturers, employer and employee, a fiduciary or similar relationship between the parties. You are prohibited from making any promise, warranty, or representation on behalf of MyPharmJar or obligating MyPharmJar in any way. You may not represent to any person that You are the agent of MyPharmJar, or are authorized to act on its behalf. 

(d) Assignment. MyPharmJar may freely assign or transfer any or all of the rights and obligations described in this Agreement. You may not assign this Agreement or any of Your rights and duties hereunder without the prior written consent of MyPharmJar. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 

(e) Severability. If any provision of this Agreement is determined by a court to be unenforceable or invalid, the validity of the remaining parts, terms or provisions shall not be affected by that determination, and such court shall substitute a provision that is legal and enforceable and is as close to the intentions underlying the original provision as possible. 

(f) Publicity. You may not issue or make any publicity release (including press releases and advertising or solicitation materials) or other public statements: (i) relating to this Agreement; (ii) using MyPharmJar’s name or referencing the MyPharmJar Services; or (iii) suggesting or implying any endorsement by MyPharmJar of You and/or any Products without the prior written approval of MyPharmJar, which MyPharmJar may withhold in its sole discretion. You hereby authorize MyPharmJar to include your name, business name, and general information about your use of the MyPharmJar services in MyPharmJar’s marketing and promotional materials. 

(g) Entire Agreement; Amendment. This Agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter. MyPharmJar reserves the right to amend this Agreement at any time. When MyPharmJar amends this Agreement, MyPharmJar shall make reasonable efforts to provide You with general, not specific, notice of such changes by posting a conspicuous announcement at http://MyPharmJar.com that such changes or amendments have occurred and identifying which particular provisions have changed. Such announcement shall be maintained for no less than 30 days following the effective date of such amendment. Your continued use of the MyPharmJar affiliate program, following the posting of such amendment, will signify and be deemed Your assent to and acceptance of the revised Agreement. 

MyPharmJar.com to inform Yourself of any such changes. 

(h) Waiver. The waiver or failure by MyPharmJar to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of MyPharmJar set forth in this Agreement are cumulative and are in addition to any rights or remedies MyPharmJar may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein. 

(i) Equitable Actions. You acknowledge and agree that any breach or threatened breach of this Agreement may cause immediate and irreparable harm to MyPharmJar which would not be adequately compensated by monetary damages and that MyPharmJar may seek injunctive relief, specific performance, and/or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond or other security. Notwithstanding any other provision of this Agreement, any such relief may be sought in the state or federal courts of the State of Idaho or any other court of competent jurisdiction anywhere in the world (at MyPharmJar’s sole discretion), and, You hereby consent to the jurisdiction of any such court and waive any objection to venue laid therein. Any such relief shall be in addition to and not in lieu of any appropriate relief in the way of monetary damages. 

(j) Force Majeure. You nor MyPharmJar shall be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, the non-performing party. 

(k) Notices. Any notice, request, approval, authorization, consent, demand or other communication required or permitted pursuant to this Agreement shall be in writing and shall be deemed given on the earliest of (i) actual receipt, irrespective of the method of delivery; (ii) the time of transmission from MyPharmJar if sent via email, as date stamped by MyPharmJar’s systems; (iii) on the delivery day following dispatch if sent by express mail (or similar next day air courier service); or (iv) on the sixth (6th) day after mailing by registered or certified United States mail, return receipt requested, postage prepaid and addressed to the last address provided by a party.