Effective Date: 09/26/2025

The websites located at apexinfusion.com, marinrx.com, and all related subdomains (each, a “Site”) are owned by Apex Infusion Inc. or its subsidiaries or affiliates (“Apex Infusion”, “we”, “us”, or “our”).

These Terms and Conditions of Use (the “Terms”) set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You may not access or use the Site or accept the Terms if you are not at least 18 years old.

THESE TERMS CONTAIN (A) VARIOUS LIMITATIONS, EXCLUSIONS, AND RELEASES OF LIABILITY IN SECTIONS 7, 8, AND 10 AND (B) A WAIVER OF RIGHTS TO PARTICIPATE IN A JURY TRIAL REGARDING ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF THESE TERMS OR YOUR USE OF THE SITE IN SECTION 10. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

1. GENERAL. Apex Infusion owns, controls, and maintains the Site for your information and education. The Site may contain information, content, and material on medical and health-related topics. This information, content, and material are for informational purposes only and are not intended to describe or make claims about the safety or efficacy of any treatment. Nothing on the Site (i) is intended to create a physician-patient relationship or (ii) should be construed as the giving of advice or the making of a recommendation regarding any decision or action related to your health or the health of others. Inclusion of content on the Site does not mean that Apex Infusion supports or recommends a specific treatment, drug, physician, or test in any particular case. The information on the Site is not intended to serve as a substitute for the consultation, diagnosis, and/or medical treatment of a qualified physician or healthcare provider. You should always consult your own physician before undertaking or changing any medical treatment, drug therapy, or healthcare activities. If you have a medical emergency, call your doctor or 911 immediately. Your reliance on any information provided in or through the Site is at your own risk. Apex Infusion assumes no responsibility for consequences resulting from the use of the Site.

2. PRIVACY. Please review our Privacy Policy for important information about our data collection practices.

3. ELECTRONIC COMMUNICATIONS. Visiting the Site or providing your email information (including sending emails) to Apex Infusion constitutes electronic communications. You consent to receive electronic communications from Apex Infusion and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.

4. LINKS TO THIRD-PARTY SITES AND THIRD-PARTY SERVICES. The Site may contain links to other websites owned or controlled by third parties (“Linked Sites”). The Linked Sites are not under the control of Apex Infusion, and Apex Infusion is not responsible for the contents of any Linked Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site. You use all Linked Sites at your own risk. When you click on any of the Linked Sites, the applicable third-party’s terms and policies apply, including the third-party’s privacy and data gathering practices. Apex Infusion is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement, review, or approval by Apex Infusion of the site or any association with its operators.

5. INTELLECTUAL PROPERTY RIGHTS.

   1. You represent and warrant to Apex Infusion that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or otherwise gain unauthorized access to the Site. You agree not to upload, transmit, or distribute to or through the Site any viruses, worms, or any software intended to damage or alter a computer system, or send through the Site any unsolicited or unauthorized advertising, promotional materials, junk mail, or spam, or any harassing or abusive material, or any other unlawful material. This Site is intended for a United States audience. If you access the Site from a location outside the United States, you are responsible for compliance with United States and local laws, if and to the extent that local laws are applicable. We make no claims concerning whether the content on the Site may be downloaded, viewed, or be appropriate for use outside of the United States. You agree that you will not use the content accessed through the Site in any country or any manner prohibited by any applicable laws, restrictions, or regulations, including export control laws.

   2. In order to permit all users to appropriately use the Site, you agree not to: use any robot, spider, or other automatic device, process, or other means to crawl, scrape, or otherwise access the Site, including in connection with the development of any artificial intelligence algorithm or system or the collection of training data for such artificial intelligence algorithm or system, without our prior written consent; provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of creating, and solely to the extent necessary to create, publicly available searchable indices of the Site, excluding any caches or archives.

   3. All content included as part of the Site, such as text, graphics, logos, trademarks, images, audio, video, as well as the compilation thereof, and any software used on the Site (the “Apex Content”) is the property of Apex Infusion or our licensors, suppliers, publishers, or other content providers (collectively, “Website-Related Parties”) and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such Apex Content and will not delete, alter, or make any changes thereto. 

   4. You will not modify, publish, transmit, reverse engineer, license, assign, transfer, sell, create derivative works, copy, download, distribute, host, or in any way exploit the Site, in whole or in part, or any Apex Content, including for the purpose of building a similar or competitive website, product or service. Apex Content is not for resale. You will use the Site and Apex Content solely for your personal use. You will make no other use of Apex Content without the express written permission of Apex Infusion and the copyright owner. 

   5. Subject to your compliance with these Terms, you are granted a non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the Site for the sole purpose of collecting information regarding our services and related activities. We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Site terminates immediately. You agree that you do not acquire any ownership rights in any Apex Content. You are not permitted to use the trademarks, tradenames, service marks, trade dress, or logos appearing on this Site (the “Marks”) without our prior written consent and, if applicable, the consent of the third-party that owns the Marks. You further agree that you have not been granted any licenses, express or implied, to the intellectual property of Apex Infusion or the Website-Related parties, except as expressly authorized by these Terms. All rights not expressly granted to you in these Terms are reserved and retained by Apex Infusion or the Website-Related Parties.

   6. If you provide us with any feedback or suggestions regarding the Site, any of our products or services, or any other aspect of our business (“Feedback”), you hereby assign to Apex Infusion all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. Any Feedback you transmit to the Site, by email or otherwise, is and will be treated as non-confidential and non-proprietary to you. Unless specifically agreed to by us in writing, we shall have no obligation of any kind with respect to Feedback, and shall be free to use any ideas, concepts, know-how, or techniques contained in any Feedback for any purpose whatsoever, and to reproduce, use, disclose, and distribute such Feedback to third parties without limitation. You agree that you will not submit via the Site any information or ideas that you consider to be confidential or proprietary. You shall be responsible for the content and information contained in submitted Feedback, including its truthfulness and accuracy.

   7. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate any provision of these Terms or otherwise create liability for us or any other person. In the case of any violation of these Terms, we reserve the right to seek all remedies available by law and in equity for such violations. Such action may include reporting you to law enforcement authorities or terminating your license to access and use the Site without prior notice to you.

6. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Apex Infusion, the Website-Related Parties and their respective affiliates, subsidiaries, officers, directors, employees, and agents, from and against any losses, costs, claims, damages, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (i) your use of or inability to use the Site or any related services, (ii) your violation of these Terms or your violation of any rights of a third party, or (iii) your violation of any applicable laws, rules or regulations. Apex Infusion reserves the right, at your cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with Apex Infusion in asserting any available defenses.

7. LIMITATION OF LIABILITY.

   1. YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. The information, software, products, and services included in or available through the Site may contain inaccuracies or typographical errors. We reserve the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part of it.

   2. To the fullest extent permitted by applicable law, Apex Infusion and the Website-Related Parties make no representations and warranties, express, implied, or statutory, including about the suitability, reliability, availability, timeless, and accuracy of the Site, the Apex Content, and any related information, software, products, and services. 

   3. To the maximum extent permitted by the applicable law, the Site, the Apex Content, and any related information, software, products, and services are provided “as is” without warranty or condition of any kind. Apex Infusion and the Website-Related Parties hereby disclaim all warranties, express, implied, or statutory, including those of merchantability, fitness for a particular purpose, title, and noninfringement.

   4. To the maximum extent permitted by applicable law, in no event shall Apex Infusion or our officers, employees, agents, partners, licensors, and trustees be liable for any direct, indirect, punitive, incidental, special, or consequential damages including damages for loss of use, data or profits, arising out of or in any way connected with the Site or these Terms, with the use, performance, delay or inability to use the Site, or the use of the Apex Content or any information, software, products and services, whether such damages arise from a claim based on contract, tort, negligence, strict liability or otherwise, even if Apex Infusion has been advised of the possibility of damages.  You agree that the Website-Related Parties will have no liability of any kind arising from or relating to these Terms.

   5. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If applicable law requires any warranties with respect to the Site, all such warranties are limited in duration to ninety (90) days from the date of first use.  If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site.

8. RELEASE. You hereby release Apex Infusion and its officers, employees, and agents and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Site, including any interactions with Linked Sites. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”  If you live in a state with any similar law, you hereby waive your rights under that law.  This release does not apply to any claims, demands, or any losses, damages, rights, and actions of any kind, including personal injuries, death, or property damage for any unconscionable commercial practice by our fraud, deception, false promise, misrepresentation, or concealment, suppression, or omission of any material fact in connection with the Site.

9. TERMINATION. Subject to this Section, these Terms will remain in full force and effect while you use the Site. You agree that Apex Infusion can, in its sole discretion, suspend or terminate your right to access the Site and the related services or any portion thereof at any time, for any reason, without prior notice, obligation, or liability to you. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1, 5(a), 5(b), 5(c), 5(d), 5(f), 5(g), and 6 through 16, as well as any definitions.

10. GOVERNING LAW; DISPUTE RESOLUTION. These Terms are governed by the laws of the State of Illinois without regard to its rules on conflicts or choice of law, and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including this Section. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF YOUR USE OF THE SITE OR THESE TERMS.

11. RELATIONSHIP OF THE PARTIES. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Apex Infusion as a result of these Terms or use of the Site. Nothing contained in this agreement is intended to limit or impede Apex Infusion’s right, obligation, or ability 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 Apex Infusion concerning such use.

12. WAIVER; SEVERABILITY; INTERPRETATION. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any part of these Terms is determined to be invalid or unenforceable under applicable law, 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 Terms shall continue in effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”

13. ENTIRE AGREEMENT.  These Terms constitute the entire agreement between you and Apex Infusion with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Apex Infusion with respect to the Site. 

14. NO ASSIGNMENT. These Terms, and your rights and obligations under them, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of this paragraph will be null and void. Apex Infusion may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

15. CHANGES TO TERMS.  Apex Infusion reserves the right, in its sole discretion, to change these Terms. If we make changes to these Terms, we will notify you by posting notice of the changes on the Site.  If you have given us your email address, we may also notify you by email. Any changes to these Terms will be effective upon thirty (30) calendar days following our posting of notice of the changes on the Site. These changes will be effective immediately for new users of the Site. The most current version of the Terms will supersede all previous versions. Apex Infusion encourages you to review the Terms to stay informed of our updates periodically. Your continued access or use of the Site shall constitute your agreement to any changes to these Terms. If you do not agree with any updated version of these Terms, do not continue to use our Site.

16. CONTACT US.  Apex Infusion welcomes your questions or comments regarding the Terms: