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Sample Policy

TERMS AND CONDITIONS FOR FREE SAMPLE PROGRAM

Kate Farms, Inc. ("Kate Farms" or "Company'') has developed a program to provide patients with samples of our products (the "Sample Program''), as further described on our website available at https://www.katefarmsmedical.com/samples/ (the “Site”). This program is offered on an "as available" basis, and Kate Farms reserves the right to determine who may receive a free sample and limit the quantities of such samples in its sole discretion. The following Terms and Conditions (the "SP Terms") apply to all Kate Farms Sample Programs, and you agree to be bound by the SP Terms by participating in this program.

1. QUALIFIED PARTICIPANTS: The Sample Program is not intended to serve the general population but is, instead, intended to allow medical doctors, home medical suppliers, and registered dieticians (together, “Providers” or “You”) to introduce Kate Farms' products to those patients in need of nutritional support in their medical care. All requests for samples must be made at the request of a verified Provider. You acknowledge and agree that Kate Farms is not acting as a business associate, as that term is defined under the Health Insurance Portability and Accountability Act (“HIPAA”) and its implementing regulations, with respect to Your participation in the Sample Program. Written confirmation that Kate Farms products were recommended by a Provider is required before the sample request will be honored by Kate Farms. Kate Farms reserves all rights to include or exclude any individual from the Sample Program in its sole discretion, including but not limited to as a result of violation of the SP Terms, lack of sample availability, or for any other reason not prohibited by law.

2. NOTICE AND CONSENT FOR PROVIDING KATE FARMS WITH PATIENT INFORMATION AND THE SENDING OF TEXT MESSAGES: By entering into the Sample Program, You represent and warrant thatYou have provided transparent notice and obtained explicit consent from any patients prior to providing a patient’s personal information to Kate Farms, including their name, mailing address, phone number and, optionally, the patient’s email address. You agree that You will inform all such patients that they will also receive a one-time SMS text message from Kate Farms to confirm shipping for the free sample. By affirmatively checking the box agreeing to these SP Terms, You are explicitly agreeing that You have sole responsibility for providing all such notice(s) and obtaining all such consent(s) from patients on whose behalf You are requesting a sample, as described above.

3. NO RESALE: All Kate Farms products, services, coupons or other items of value offered to Sample Program participants are intended for Your patient’s individual use. Products provided on a sample basis under the Sample Program may not be sold, transferred, or otherwise offered to anyone other than Your patients that You identify through the Site’s request form. Any violation of this provision, as determined in Kate Farms’ sole discretion, may subject you to termination from the Sample Program or other legal liability.

4. NO REIMBURSEMENT: All Kate Farms products, services, coupons, or other items of value offered to You under the Sample Program are complimentary and provided at no cost and shall not be billed to any patient, federal healthcare program, or other third-party payor. Patients and Providers shall not seek reimbursement for Kate Farms samples from any entity, including any public or private third-party payor or any federal or state healthcare program, and shall fully and accurately report the no-charge status of the Kate Farms products as required by applicable law, including without limitation, the Federal Anti-Kickback Statute (42 U.S.C. § 1320a- 7b(b)) and its safe harbor (42 CFR § 1001.952). Upon Your request, Kate Farms will provide You with an invoice to assist You as a Provider in meeting any reporting obligations, including providing information on the no-charge status of Kate Farms sample products.

5. PRODUCT SHIPMENT: Kate Farms uses reasonable efforts to ship products requested under the Sample Program on a timely basis, but we cannot guarantee the availability of product or a specific timeline for delivery of product under the Sample Program.

6. LIMITATION OF LIABILITY: By participating in the Sample Program, you agree to the following disclaimer of liability by Kate Farms: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE LIABILITY OF KATE FARMS AND ITS AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS ("KATE FARMS ENTITIES"). NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE THAT MAY NOT BE LAWFULLY LIMITED. THE SAMPLE PROGRAM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, SUCH AS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON­ INFRINGEMENT, TO THE EXTENTPERMITTED BY APPLICABLE LAW. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH KATE FARMS' PRODUCTS OR SERVICES, REGARDLESSOF OUR NEGLIGENCE. NOTHING IN THESE SP TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD, DEATH, OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY LIABILITY, WHICHMAY NOT BE EXCLUDED OR LIMITED UNDER ANY APPLICABLE LAW.

7. APPLICABLE LAW AND DISPUTE RESOLUTION: These SP Terms and the Sample Program shall be governed by and construed in accordance with the laws of the State of California. You hereby agree to submit to the jurisdiction of, and agree that venue is proper in, the courts in Santa Barbara County, California in any such legal action or proceeding. You agree that all disputes, actions, and claims relating to the Sample Program and all matters arising out of or related to these Sample Program Terms and Conditions (except for legal action taken to seek an injunction or other equitable relief related to the site, services, or user generated content, or claims related to the validity or enforceability of your or our intellectual property rights) (collectively "Dispute") will be governed by the Federal Arbitration Act (the "FAA''), federal arbitration law, and laws of the State of California, without regard to choice of law principles. You furthermore agree that any dispute will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify, and you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator's award. If you are located in any jurisdiction, in the event of a dispute, either you or us must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Kate Farms, Inc., Attention: General Counsel, 30 South La Patera Lane, Unit 5, Goleta, CA 93117, legal@katefarms.com. The arbitration will be conducted by the Judicial Arbitration and Mediation Service ("JAMS") under its rules. Payment of all filing, administration and arbitrator fees will be governed by the JAMS' rules. You agree to commence arbitration only in Santa Barbara, CA. Neither party may seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submission, or in person by following the JAMS rules. In a Dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. You agree that the making of claims or resolution of disputes pursuant to this agreement shall be in your individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. You agree that, to the extent permitted by applicable law, that all Disputes will be resolved individually in the forum designated in this section, without resort to any form of class action. To the extent permitted by law, any Dispute to which this section applies must be filed within one year in small claims court or in arbitration with the JAMS. The one-year period begins when the claim or Notice of Dispute could first be filed. If such a Dispute is not filed within one year, it is permanently barred. If, for any reason, a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

8. QUESTIONS: For any questions about these SP Terms, please contact us at legal@katefarms.com.

Last Update: November 18, 2024