Terms - MyOwnDoctor

MYOWNDOCTOR, LLC Terms and Conditions Last Modified: March 4, 2022

Introduction

1. These Terms and Conditions (as defined below) are entered into by and between you, the individual who accesses or uses our Products (as defined below), as applicable, and MYOWNDOCTOR, LLC (“Company,” “we,” “our” or “us”).
2. We do not engage in the practice of medicine or provide any Healthcare Services (as defined below). We are independent from any Healthcare Organization (as defined below) who may provide telemedicine or other Healthcare Services (as defined below) through or in connection with our Products (as defined below). Our role as a provider of software and services is limited to providing the Products as an intermediary between patients and healthcare providers and our Products are intended only as tools to assist healthcare providers and their patients in coordinating, scheduling, managing and communicating about, and to provide a platform for healthcare providers to independently furnish, routine, non-emergency Healthcare Services to their patients. We are not responsible for any such Healthcare Organizations’ acts, omissions, or for the content of any communications made by them.
3. Our Products include several components as further discussed below. You may access and/or use some, or all, of our Products. Depending on which Products you access and/or use, certain portions of these Terms and Conditions may, or may not, apply to you as further described below. By accessing and/or using our Products, you agree to the terms and conditions applicable to such Products as further described below.
4. The terms and conditions set forth herein, together with any additional agreements or policies expressly incorporated by reference herein or therein (collectively, “Terms and Conditions”), govern your access to, and use of:

A. Our website(s), web-based platform(s) and web-based software, including myowndoctor.com, app.myowndoctor.com and their associated domains (collectively, “Websites”); B. Our mobile device software application(s) we make available to you in connection with you receiving services from us and/or from an Healthcare Organization (as defined below) through our Products, including MyOwnDoctor (collectively, “Apps”); and, C. Any third-party health monitoring hardware devices that interact with our Websites and/or App that you receive from or through us in connection with your registered use of our Websites and/or Apps (collectively, “Medical Devices”). 5. We will maintain and use your information according to our privacy policy, which may be found here , and which is incorporated by reference into these Terms and Conditions, and which may be modified from time to time in our discretion (“Privacy Policy”), and which will be effective when posted on our Websites. Your continued use of our Products indicates that you agree with such modifications to our Privacy Policy. 6. Collectively, our Websites and Apps, including any of our services, features, functionality, resources, materials or information offered by us to you on or through our Websites and Apps, whether you access and/or use any of the foregoing as an unregistered guest visitor or as a registered user, are referred to in these Terms and Conditions as “Products.” In addition to the General Terms and Conditions , which apply to all of our Products, your access to, and use of, the following Products and Medical Devices are governed by the following additional terms and conditions, as applicable, provided below:

A. Websites: Website Terms

B. Apps: App Terms

C. Medical Devices: Medical Device Terms

7. If you are eligible to enroll in and receive care coordination and/or remote patient monitoring services (“Enrolled Programs”) and elect to participate in either or both such Enrolled Programs, your access to and use of our Products for the purpose of receiving services in connection with your participation in any such Enrolled Programs is, in addition to these Terms and Conditions, subject to and governed by the terms and conditions set forth in the Consent for Enrolled Programs form (which may be found here and which is incorporated by reference herein).

8. Additionally, your access to, and use of, the Medical Devices, Third-Party Products (as defined below) and any and all other third-party products and/or services that may be available through your access to and/or use of our Products (including without limitation, any services you may receive from any Healthcare Organization(s) (as defined below) through our Products), may be governed by additional terms and conditions from such third parties. Such additional terms and conditions are between you and the third-party provider of such products and/or services, and your access to, and use of, such third-party products and/or services are subject to your acceptance of such additional terms and conditions.

A. Without limiting the applicability of the foregoing, in addition to these Terms and Conditions, your access to and/or use of our Products in connection with any Third-Party Products and/or related third-party medical and/or mental and behavioral health services offered or provided by Virtual Physician Associates, Ltd. d/b/a MyOwnDoctor Medical Group shall be further subject to and governed by the terms and conditions set forth in that certain MyOwnDoctor Medical Group Telehealth Consent form (which may be found here and which is incorporated by reference herein) and that certain MyOwnDoctor Medical Group HIPAA Notice of Privacy Practices (which may be found here and as amended from time to time, and which is incorporated by reference herein).

9. If you are a Healthcare Organization or you provide or receive services from or through a Healthcare Organization, in addition to these Terms and Conditions, as applicable, your access to, and use of, our Products in connection with your provision or receipt of services from or through such Healthcare Organization may be subject to our separate subscription agreement and/or other written agreement with you and, to the extent that there are any conflicts between the terms of such other written agreements and these Terms and Conditions, the terms of such other written agreement(s) shall govern and control.

II. General Terms and Conditions (Applicable to All of Our Products) (“General Terms and Conditions”)

1. 1. Acceptance Please read these Terms and Conditions completely and carefully before you access or use our Products. THESE TERMS AND CONDITIONS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF OUR PRODUCTS. BY ACCESSING OR USING OUR PRODUCTS, OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS AND CONDITIONS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, FOUND AT APP.MYOWNDOCTOR.COM/PRIVACY INCORPORATED HEREIN BY REFERENCE, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE OUR PRODUCTS.
  2. Age; Account Registration and Ownership |Our Products are offered and available only to users who are at least 18 years of age (or the age of majority in your state or jurisdiction, if higher) and reside in the United States or any of its territories or possessions. Please note that we do not knowingly collect or solicit personally identifiable information from children under 18. If you under 18, please do not attempt to use our Products or send any Personal Information about yourself to us. By using our Products, you represent and warrant that: (A) you are at least 18 years (or of legal age in your state or jurisdiction to form a binding contract with the Company), (B) reside in the United States or any of its territories or possessions, (C) you are the person whose name and other information have been provided for the account that you have created or are creating, (D) that you have not previously been suspended or removed from using our Products, and (E) that your registration and your use of the Products is in compliance with any and all applicable laws and regulations. . If you do not meet all of these requirements, you must not access or use our Products or send and personally identifiable information about yourself to us. If we learn we have collected personally identifiable information from a child under 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us personally identifiable information, please contact us. OUR PRODUCTS ARE NOT DIRECTED TO, OR INTENDED FOR, CHILDREN UNDER 13 YEARS OF AGE.
1. Limitations on Use

A. Unless otherwise provided in these Terms and Conditions, your access to, and use of, as applicable, our Products, shall be solely in connection with the Purposes (as defined below). B. As used in these Terms and Conditions, the “Purposes” means the use of our Products in connection with services received or provided by you, as applicable, through our Products from either your doctor/healthcare provider, their staff, other medical personnel, or a related, designated third-party health care system or organization (collectively, a “Healthcare Organization”) for purposes that may include monitoring, predicting, and/or reporting (or communicating with you about) certain health-related factors to such Healthcare Organization and/or to you and/or your doctor/healthcare provider. C. UNLESS YOU ARE AN UNREGISTERED GUEST VISITOR TO OUR PUBLIC WEBSITES AND YOU ARE NOT RECEIVING ANY SERVICES FROM A HEALTHCARE ORGANIZATION THROUGH OUR PRODUCTS, YOU ARE AUTHORIZED TO ACCESS AND USE OUR PRODUCTS SUBJECT TO, AS APPLICABLE (A) THE CREATION OF A USER ACCOUNT WITH US THROUGH THE WEBSITES AND/OR THE APPS, (B) A WRITTEN AGREEMENT BETWEEN US AND THE HEALTHCARE ORGANIZATION(S) FROM WHICH YOU ARE RECEIVING SERVICES THROUGH WHICH THE HEALTHCARE ORGANIZATION(S) RECEIVE ACCESS TO OUR SERVICES TO PROVIDE SERVICES FOR THEIR PATIENTS, AND/OR (C) THE WRITTEN AGREEMENT(S) BETWEEN YOU AND THE THIRD-PARTY PROVIDERS OF THE MEDICAL DEVICES AND/OR THE THIRD-PARTY PRODUCTS, AS APPLICABLE. D. WE ARE NOT A MEDICAL, INSURANCE, MEDICAL DEVICE, OR PRESCRIPTION PROVIDER. RATHER, THROUGH OUR PRODUCTS, WE FACILITATE ACCESS TO INFORMATION AND SERVICES PROVIDED BY INDEPENDENT HEALTHCARE PROVIDERS. WE ARE NOT RESPONSIBLE FOR THE SERVICES, ACTS, OMISSIONS, INFORMATION, OR COMMUNICATIONS PROVIDED BY SUCH HEALTHCARE PROVIDERS. E. OUR PRODUCTS ARE NOT INTENDED TO BE USED FOR MEDICAL EMERGENCIES, SELF-DIAGNOSIS, OR MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH QUESTIONS REGARDING ANY MEDICAL CONDITION OR TREATMENT, OR CALL 911 IN AN EMERGENCY.

4. Changes to these Terms and Conditions A. We may revise these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them in or through our Products, and apply to all access to and use of our Products thereafter. Changes to any additional terms and conditions with third parties governing your access to, or use of, Medical Devices, Third-Party Products, and/or your receipt of products and/or services from Healthcare Organizations or other third parties are subject to your agreements with such third parties. B. Your continued use of our Products following the posting of any revised Terms and Conditions means that you accept and agree to the revised Terms and Conditions. You are expected to check our Terms and Conditions from time to time, and each time you access or use the Products, so you are aware of any changes to these Terms and Conditions, as they are binding on you. 5. Accessing Our Products; User Accounts and Security A. You are responsible for both: (a) making all arrangements, at your own cost, necessary for you to access and use our Products, including without limitation Internet and network access; and, (b) ensuring that all persons who access and/or use our Products through your Internet or network connection are aware of these Terms and Conditions and comply with them. B. In order to access and/or use certain Products certain services, features, functionality, resources, materials and/or information offered by and/or through our Products, you will need create a user account (a “User Account”), including a username and password. You may never use another party’s User Account without such party’s express written authorization. You agree that all information which you provide in connection with creating your User Account or otherwise is current, accurate and complete. You are solely responsible for all activity that occurs with respect to your User Account. You are solely responsible for maintaining the confidentiality of your User Account and keeping the username and password to your User Account secure. You agree to notify us immediately of any security breach or unauthorized use of your User Account. You also agree to ensure that you exit from your User Account at the end of each session during which you use and/or access the Products. You should use particular caution when accessing your User Account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be liable for any costs, losses, claims and/or damages that you or any third party incur which are directly or indirectly caused by any unauthorized use of your User Account or your use of the Products in violation of these Terms and Conditions. C. We may provide you with notices, including those regarding changes to these Terms and Conditions, using any reasonable means now known or hereafter developed, including, but not limited to, by email, regular mail, MMS, text message (SMS), messages to you in your account profile, or postings in the Products. Such notices may not be received if you violate these Terms and Conditions by accessing the Products in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Products in an authorized manner. By providing us with your email address, you consent to our using your email address to send you Product-related notices by email, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send you notifications of activity on the Products to the email address you give us, in accordance with any applicable privacy settings. We may use your email address to send you other messages or content, such as, but not limited to, additions or changes to features of the Products, or special offers. If you do not want to receive such email messages, you may opt out by emailing us your opt-out request. Opting out may prevent you from receiving email messages regarding updates, improvements, special features, announcements, or offers. You may not opt out of Products-related emails. D. We have the right to disable any User Account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions. 6. Not Health Advisors You acknowledge that we are not a health advisor, provider, testing lab, medical device manufacturer, or the like, and we do not provide medical, health, or other professional services or advice. (See Section II.24 No Healthcare Services below). 7. Use of Protected Health Information The information you provide and enter into the Products or that may be imported therein from approved and authorized third parties may contain sensitive personal information, including Protected Health Information (as defined by HIPAA). Our use and disclosure of such information is governed by our Privacy Policy. (See Section II.22. HIPAA Compliance below). 8. Intellectual Property Rights A. Our Products and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors and/or the other providers of such contents, features, and functionality and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree and acknowledge that the Products are licensed to you, not sold, and that no ownership interest in our Products or the intellectual property rights in our Products are transferred to you under this Agreement or otherwise. We, our licensors, and our other providers reserve all rights not expressly granted to you hereunder. B. These Terms and Conditions permit you to access and use our Products for your personal, non-commercial use only. Except as expressly permitted by this Agreement, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sublicense, distribute, hypothecate, lease, loan, or otherwise convey or transfer our Products or any portion thereof to anyone, and under no circumstance may you access or use, or allow the access or use of, our Products in any manner other than as expressly set forth in these Terms and Conditions in association with your authorized access and use of our Products for the Purposes. C. Additionally, and without limitation of the foregoing, you may not: (a) attempt to access the source code for our Products or any component thereof; (b) build a product using similar ideas, features, functions or graphics of our Products, or copy any ideas, features, functions or graphics of our Products; or (c) remove any copyright, trademark, proprietary rights, disclaimer or warning notices included on or embedded in any part of our Products. D. Except to the extent permitted by applicable law, you shall not reverse assemble, decompile or disassemble, or otherwise reverse engineer any portion of our Products. If you dispose of any media embodying our Products, you will ensure that you have completely erased or otherwise destroyed any of our Products stored on such media. E. All company names, logos, product and service names, designs, and slogans appearing in or on our Products are our trademarks or service marks, or those of our licensors or the respective owners of such marks. You may not use such marks without our prior written permission, or the permission of the owners of such marks. 9. Copyright Infringement and the Digital Millennium Copyright Act A. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Products infringe your copyright, you may request removal of those materials (or access to them) from our Products by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially all of the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

B. Our designated copyright agent to receive DMCA Notices is:

Miriam Schneider, Esq. MyOwnDoctor, LLC 223 W. Erie St., Suite 4E Chicago, IL 60654 312-809-9333 Compliance@myowndoctor.com

C. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. D. Please be aware that if you knowingly materially misrepresent that material or activity on or in our Products is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. E. If you believe that your material was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially all of the following:

Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.

F. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice. G. Please be aware that if you knowingly materially misrepresent that material or activity on or in our Products was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. H. It is our policy in appropriate circumstances to disable and/or terminate the User Accounts of users who are repeat infringers. 10. Prohibited Uses A. You may use our Products only for lawful purposes and in accordance with these Terms and Conditions and the Purposes. You agree not to use our Products:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (as defined below) set out in these Terms and Conditions.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Products, or which, as determined by us, may harm us or users of our Products, or expose them to liability.

B. Additionally, you agree not to:

Use our Products in any manner that could disable, overburden, damage, or impair our Products or interfere with any other party’s use of our Products, including their ability to engage in real time activities through our Products.
Use any robot, spider, or other automatic device, process, or means to access our Products for any purpose, including monitoring or copying any of the material on our Products.
Use any manual process to monitor or copy any of the material in or on our Products, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of our Products.
Introduce in or to our Products any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Products, the servers on which our Products is stored, or any server, computer, or database connected to our Products.
Attack our Products via a denial-of-service attack or a distributed denial-of-service attack.
Access our Products via any means other than over the Internet using authorized login credentials.
Access our Products for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
Use our Products in connection with a service bureau, time sharing, or fee-for-service arrangement with third parties.
Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting our Products.
Otherwise attempt to interfere with the proper working of our Products.

11. Changes to Our Products We reserve the right to withdraw, suspend or change our Products, and any services, features, functionality, resources, materials and/or information we provide on or through our Products, or any Medical Devices or Third-Party Products, in our sole discretion without notice. We will not be liable if, for any reason, all or any parts of our Products, the Medical Devices and/or any Third-Party Products are unavailable at any time or for any period of time. From time to time, we may restrict access to, or use of, some parts of our Products, the Medical Devices, and/or any Third-Party Products, or our entire Products, the Medical Devices, and/or Third-Party Products, in our sole discretion without notice. 12. Collection and Use of Your Information A. All information we collect in, on or through our Products is subject to our Privacy Policy By using our Products, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy. B. We may automatically gather and store certain information about you so that you can use our Products and the associated Medical Devices and/or the Third-Party Products, so that we can monitor their in order to make improvements and better serve users and other constituencies. C. Any or all of following information may be collected and stored in connection with your access to and/or use of our Products, the Medical Devices, and/or the Third-Party Products:

Email address, phone number, physical contact information, and financial, insurance and health-related information, such as credit card or bank account numbers and insurance carrier information.
User Account information, such as user login and password information.
The location and IP address from which you access and/or use our Products.
The name of the domain from which you access the Internet.
The type of device, browser and operating system used to access our Products.
The date and time you access our Products, duration and stop time of such access.
The information about any person or entity from whom you were referred.
Information you choose to share within a video conference room or during a visit with a physician or its staff (you can choose to share or not share posts to a conference or virtual patient room, uploaded documents or presentations, uploaded webcam video feeds in a video conference, audio feeds in a conference, and comments or kudos sent to your physician or members of its team).
Information others share about you (we may receive information about you from physicians and their staffs, such as comments on a file that you uploaded).
Links that you visit.
Personal information and health information provided by you via questionnaires, forms, files, surveys, other methods and/or a study or program conducted by Healthcare Organization via the Software.
Information collected, stored and/or transmitted in connection with your use of the Medical Devices and/or the Third-Party Products, consistent with the terms and conditions and privacy policies of the third-party providers of such products and/or services.

D. We may also collect cookies, which are small pieces of information sent to your browser or device by a website or application that you access. We may use cookies to compile and provide aggregate statistics about our Products’ visitors, traffic patterns, and related information to third parties, but such information may not identify you personally. Cookies may help us adjust the content of our Products and provide better service to users. You may set your settings to refuse cookies from any website or mobile application that you access. If you refuse cookies, you may still gain access to our Products, but you may not be able to conduct certain types of activities. Our Products may contain electronic images known as web beacons (sometimes called single-pixel gifs) that may be used to assist in delivering cookies on our Products and allow us to count users who have visited our Products. We may include web beacons in promotional e-mail messages or our newsletters in order to determine whether messages have been opened and acted upon. At times, in order to provide products and services or market to customers, we may make certain personal information available to strategic partners with whom we work. E. As set forth in our Privacy Policy , we may share personal information with parties who provide services such as information processing, extending credit, fulfilling customer orders, delivering products, managing and enhancing customer data, providing customer service, assessing interest in our products and services, and conducting customer research or satisfaction surveys. Except as required pursuant to law, legal process, litigation, or requests from public and governmental authorities, we only share personal information to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes. F. We may, from time to time, send you e-mail about your User Account, orders, or pricing changes. We may also send you e-mail with general information or special offers about products and services that may be of interest to you. In most cases, we will give you an opportunity to accept or decline the receipt of promotional e-mail. G. By creating a User Account, you authorize us to call you or send you informational text (SMS) messages as part of the normal business operation of the use of the Products. Message and data rates may apply. You may opt-out of receiving text (SMS) messages from us at any time by texting the word STOP from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Products. H. In the event of a reorganization, merger, or sale, we may transfer any and all personal information we collect to the relevant third party. I. Notwithstanding anything to the contrary in these Terms and Conditions, we may monitor your use of our Products and collect, compile, and use data and information related to your use of our Products in an aggregate and anonymized manner, including, for example, to compile statistical and performance information related to the provision and operation of our Products (“Aggregated Data”). All right, title, and interest in Aggregated Data, and all intellectual property rights therein, belong to and are retained solely by us. By using our Products, you acknowledge that we may compile Aggregated Data based on your data provided in, to and through our Products. You agree that we may (a) make Aggregated Data publicly available in compliance with applicable law, and (b) use Aggregated Data to the extent and in the manner permitted under applicable law; provided that such Aggregated Data does not identify you or your confidential information. 13. User Contributions A. Our Products may now, or in the future, contain public message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and/or other interactive features (collectively, “Interactive Services”) that allow users to publicly post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through our Products. B. All User Contributions must comply with the Content Standards set out in these Terms and Conditions. C. Any User Contribution you post to our Products will be considered non-confidential and non-proprietary. By providing any User Contribution on, in or through the Products, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. D. You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms and Conditions.

E. You understand and acknowledge that you are responsible for any User Contributions you post, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. F. We are not responsible or liable to any third party for the content or accuracy of any User Contributions by you or any other user of our Products. G. We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Products or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Products.
Terminate or suspend your access to all or part of our Products for any or no reason, including without limitation, any violation of these Terms and Conditions.

H. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Contributions on, in or through our Products. YOU WAIVE AND HOLD HARMLESS US AND OUR LICENSORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES. I. Notwithstanding the foregoing, we cannot and do not undertake to review all User Contributions before they are posted on, in or through the Products, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

14.Content Standards

These content standards (“Content Standards”) apply to any and all User Contributions and your use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy .
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Contain any personally identifiable information about any person without their consent or about any person who is a minor.
Be intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial, or investment advice.
Contain software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment.
Be intended to overwhelm, cause technical disruptions of or denial of service to our Products.

15. Third-Party Products and Services A. Our Products may display, include, or make available to you certain features, products, or services provided by third parties (the “Third-Party Products”). You acknowledge and agree we not responsible for Third-Party Products, including their accuracy, completeness, timeliness, validity, intellectual property compliance, legality, decency, quality, or any other aspect thereof. We do not assume, and we will not have, any liability or responsibility to you or any other person or entity for any Third-Party Products. Third-Party Products and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. B. Without limitation of the foregoing, your use of Medical Devices in connection with our Products is governed by the additional Medical Device Terms (as defined below) . 16. Linking to Our Products and Social Media Features A. Our Products, now or in the future, may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on or in our Products.
Send emails or other communications with certain content, or links to certain content, on or in our Products.
Cause limited portions of content on or in our Products to be displayed or appear to be displayed on your own or certain third-party websites.

B. You may use these features solely as they are provided by us and solely with respect to the content with which they are displayed, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you may not:

Establish a link from any website that is not owned by you.
Cause our Products or portions of them to be displayed on, or appear to be displayed by, any website, for example, framing, deep linking, or in-line linking.
Link to any part of our Products other than the Website homepage, unless otherwise authorized by us in writing.
Otherwise take any action with respect to the information, content or materials in our Products that is inconsistent with any other provision of these Terms and Conditions.

C. We reserve the right to withdraw the linking permission granted herein without notice. Similarly, we may disable all or any social media features and any links at any time without notice in our discretion. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. 17. Links from Our Products If our Products contain links to other websites or resources provided by third parties, these links are provided for your convenience only and are not intended to serve as a substitute for professional healthcare advice, diagnosis, or treatment for any medical or other health-related condition or symptom. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites or resources from links contained within our Products, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and resources. Always seek the advice of your physician or other qualified healthcare provider with questions regarding any medical or other health condition or treatment, or call 911 in an emergency. 18. Fees and Payments A. You agree to pay to the Company any fees for any of our services, products, features, or devices you purchase or use (including without limitation overage fees and Taxes (as defined below)) in connection with your access or use of our Products, in accordance with the pricing and payment terms presented to you for such services, products, features, or devices. These fees may or may not be collected directly by us and may or may not be remitted to your physician, other health care provider or the Healthcare Organization through which you are receiving services. In some instances, such physician, other health care provider or Healthcare Organization may choose the amount of the fees to be charged to you. In such a case, you agree that we are not responsible for any decisions made by such physician, health care provider, or Healthcare Organization with respect to such fees. Where applicable, you will be billed using the billing method you select through your User Account. Fees paid by you are non-refundable, except as provided in these Terms and Conditions or when required by law. B. In the event that any of our services are billed on a subscription basis (we call these “Subscriptions”), you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew. C. We may change the fees charged for our Products at any time, provided that, for services billed on a Subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. We will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective. D. Unless otherwise stated, you are responsible for any taxes (other than the income tax for us, your physician, other health care provider, or Healthcare Organization) or duties associated with the services, products, features, or devices you purchase in connection with your access or use of our Products, including any related penalties or interest (collectively, “Taxes”). You will pay for such services, products, features, or devices without any reduction for Taxes. If we are obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. If you are required by law to withhold any Taxes from your payments to us, you must provide us with an official tax receipt or other appropriate documentation to support such payments. Unless otherwise stated, any overage fees incurred by you will be billed in arrears on a monthly basis. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Product(s) and/or services being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with those Product(s) and our service(s). 19. Feedback and Evaluation Data We may ask your for, or you may voluntarily provide, your feedback regarding your use and evaluation of our Products (the collectively “Evaluation Data”). If such Evaluation Data is provided to us, it will be deemed and remain our sole property, and will not be subject to any obligation of confidence to you. Additionally, we shall have all ownership, right, title and interest in and to the Evaluation Data and any and all intellectual property and proprietary rights thereto and therein, including the exclusive right to use and incorporate such Evaluation Data as part of any modifications of the Products and/or any other products or services we may offer. While we encourage the submission of such Evaluation Data, we have no obligation to respond to or act upon such Evaluation Data. Evaluation Data is provided by you at no cost or charge to us. You hereby assign and transfer to us all Evaluation Data and any and all proprietary and/or intellectual property rights you might have in such Evaluation Data. 20.Processing of Personal Information By agreeing to these Terms and Conditions, you consent to the storing and processing of your personal information, including sensitive information, in the United States. We use a range of measures to safeguard information but these countries may have laws that are different from those of your country of residence. You also consent to your personal information, including sensitive information, being assigned, transferred or conveyed in the event of a business transition such as, but not limited to, a merger, sale, asset or stock acquisition of us by another company, or other transaction or proceeding. In such a case, your information would be used as set out in our Privacy Policy. 21. HIPAA Compliance In connection with the use of the Products, healthcare providers shall comply with all applicable laws, rules, and regulations, and the rights of third parties. Company has designed the Products to support compliance with the Administrative Simplification provisions (Subtitle F of Title II) of the Health Insurance Portability and Accountability Act of 1996, as amended (the “Act”), and its implementing regulations, as amended, and the Privacy provisions (Subtitle D) of the Health Information Technology for Economic and Clinical Health Act, as amended, and its implementing regulations (42 U.S.C. §17921 et seq.), as amended, (the “HITECH Act”) (collectively, “HIPAA”), as applicable to the Products. Healthcare providers that use our Products are subject to, and shall at all times during which any such healthcare provider uses our Products, comply with, the requirements and obligations imposed on such healthcare provider as a “Covered Entity” under HIPAA. Any healthcare provider that uses our Products shall enter into a business associate agreement (“BAA”) with Company governing the use and disclosure of “Protected Health Information” or “PHI” by such healthcare provider and Company (as a “Business Associate” of healthcare provider) as required by and in accordance with HIPAA. Such BAA shall be in the form provided to healthcare provider by Company during the Product registration process (or otherwise negotiated and agreed to by healthcare provider and Company). Any use and/or disclosure of PHI arising from or related to any healthcare provider’s use of the Products shall be done in accordance with the terms of such BAA between such healthcare provider and Company, these Terms and Conditions, and our Privacy Policy. 22. Geographic Restrictions We, the owner of our Products, are based in the State of Illinois in the United States. We provide our Products for use only by persons located in the United States. We make no claim that our Products, or any of their contents, features, or functionality, are accessible or appropriate for access or use outside of the United States. Access to, and use of, our Products may not be legal by certain persons or in certain countries. 23. Disclaimer of Warranties A. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT OUR PRODUCTS, THE THIRD-PARTY PRODUCTS, AND/OR THE MEDICAL DEVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTIVIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR PRODUCTS, THE THIRD-PARTY PRODUCTS, AND THE MEDICAL DEVICES FOR ANY RECONSTRUCTION OF ANY LOST DATA. B. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS AND/OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, AND/OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICES, HARDWARE, SOFTWARE, COMPUTER PROGRAMS, DATA, AND/OR OTHER ITEMS AS A RESULT OF YOUR ACCESS TO AND/OR USE OF OUR PRODUCTS, THE THIRD-PARTY PRODUCTS, AND/OR THE MEDICAL DEVICES, AND/OR ANY SERVICES AND/OR ITEMS OBTAINED THROUGH OUR PRODUCTS, THE THIRD-PARTY PRODUCTS, AND/OR THE MEDICAL DEVICES. C. YOUR ACCESS TO AND/OR USE OF OUR PRODUCTS, THE THIRD-PARTY PRODUCTS, AND/OR THE MEDICAL DEVICES, AS WELL AS THEIR CONTENT, AND/OR ANY PRODUCTS, SERVICES, INFORMATION, AND/OR OTHER ITEMS OBTAINED AND/OR RECEIVED THROUGH YOUR ACCESS TO AND/OR USE OF OUR PRODUCTS, THE THIRD-PARTY PRODUCTS AND/OR THE MEDICAL DEVICES (COLLECTIVELY, ALL OF THE FOREGOING, THE “CONTENT”) IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, AND/OR AVAILABILITY OF THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, DEFECT-FREE, UNINTERRUPTED, AND/OR FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. D. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE IN CONNECTION WITH THE CONTENT. E. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 24. No Healthcare Services We are not a healthcare provider or a manufacturer of Medical Devices and do not offer or provide any kind of medical advice, health insurance, or other professional healthcare service, including without limitation, any counseling, testing, medication, procedure or therapy related to the prevention, diagnosis or treatment of any acute or chronic illness, disease or condition (collectively, “Healthcare Services”). The Products are intended only as tools to assist healthcare providers and their patients in coordinating, scheduling, managing and communicating about, and to provide a platform for healthcare providers to independently furnish, routine, non-emergency Healthcare Services to their patients. The Products are not a substitute for professional Healthcare Services. Always seek the advice of your physician or other qualified healthcare provider with questions regarding any medical condition, or call 911 in an emergency. Our role is limited to providing the Products as an intermediary between patients and healthcare providers and, as a result, we have no control over the appropriateness, accuracy, quality, timeliness, scope, price, or risks of or associated with any Healthcare Service provided to any patient by any healthcare provider or with any Medical Devices used or obtained in connection with any patient’s use of the Products. In no event shall any Healthcare Services or Medical Devices obtained or used in connection with our Products be deemed to be within the scope of our Products nor shall we have any obligation or liability to you or any other person, including any patient or healthcare provider, regarding, arising from, or in any way directly or indirectly related to, Healthcare Services or any Medical Device. THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT NOTHING CONTAINED HEREIN IS INTENDED TO CREATE A PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND COMPANY, OR ANY OF OUR MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, OR OTHER THIRD PARTY BUSINESS PARTNERS AND FURTHER AGREE TO RELEASE COMPANY FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES AND LIABILITIES, OF ANY TYPE AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH HEALTHCARE SERVICES OR MEDICAL DEVICES (INCLUDING ANY INJURIES OR DISABILITY ARISING THEREFROM) PROVIDED, OR NOT PROVIDED, AS THE CASE MAY BE, TO YOU BY ANY HEALTHCARE PROVIDER OR YOUR USE OF ANY MEDICAL DEVICES OBTAINED OR USED IN CONNECTION WITH OUR PRODUCTS. 25. Limitation on Liability A. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. B. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID US FOR OUR PRODUCTS OR US$100, WHICHEVER IS GREATER. C. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 26. Indemnification You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions and/or your access to and/or use of our Content, including without limitation your User Contributions, other than as expressly authorized in these Terms and Conditions. 27. Assumption of Risk A. OUR PRODUCTS ARE DESIGNED TO PROVIDE THIRD PARTIES WITH HEALTH-RELATED INFORMATION BASED ON YOUR INPUTS AND RESPONSES TO SURVEYS, QUESTIONNAIRES, AND INTERACTIONS ON OR THROUGH OUR PRODUCTS. OUR PRODUCTS AND ANY RELATED DATA SUPPLIED TO YOU BY US ARE NOT A SOURCE OF INFORMATION, AND DO NOT PROVIDE MEDICAL ADVICE. BY GRANTING YOU THE RIGHT TO ACCESS AND USE OUR PRODUCTS UNDER THESE TERMS AND CONDITIONS, WE DO NOT ASSUME ANY OBLIGATION OR LIABILITY WITH RESPECT TO YOUR HEALTH OR YOUR PHYSICAL ACTIVITY OR CONDITION. IN NO EVENT SHALL WE BE LIABLE FOR ANY DEATH OR BODILY INJURY THAT YOU SUFFER, OR THAT YOU CAUSE TO ANY THIRD PARTY, IN CONNECTION WITH YOUR ACCESS TO AND/OR USE OF OUR PRODUCTS AND/OR ANY ACTIVITY YOU UNDERTAKE IN CONNECTION WITH YOUR ACCESS TO AND/OR USE OF OUR PRODUCTS. AS BETWEEN YOU AND US, YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF OUR PRODUCTS AND YOUR HEALTH AND MEDICAL CONDITION AND TREATMENT RELATED THERETO. WE SHALL HAVE NO LIABILITY FOR ANY UNAUTHORIZED DISCLOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION DUE TO YOUR ACTIONS OR OMISSIONS OR THAT OF YOUR HEALTHCARE PROVIDER. B. YOU AGREE THAT: (A) IF YOU ARE IN NEED OF OR ARE SEEKING MEDICAL TREATMENT OR EMERGENCY CARE, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER OR CALL 911 IMMEDIATELY; (B) WE DO NOT PROVIDE MEDICAL TREATMENT OR ADVICE AND WE ARE NOT A HEALTHCARE PROVIDER OR A REFERRAL TO HEALTHCARE PROVIDERS; (C) YOU WILL NOT LEAVE ANY MESSAGES WITH, OR SEND ANY EMAILS OR OTHER COMMUNICATIONS TO, US WITH RESPECT TO YOUR MEDICAL CONDITION, AS WE ARE NOT YOUR HEALTHCARE PROVIDER, ARE NOT AND DO NOT PROVIDE 911 OR OTHER EMERGENCY SERVICES, AND CANNOT CONTACT YOU OR ANYONE ON YOUR BEHALF WITH RESPECT TO YOUR MEDICAL CONDITION OR TREATMENT; (D) DATA PROVIDED BY US BY OR THROUGH OUR PRODUCTS IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER; (E) WE ARE NOT A LICENSED MEDICAL CARE PROVIDER AND HAVE NO EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY SPECIFIC TREATMENT ON A MEDICAL CONDITION; (F) YOU SHOULD ALWAYS CONSULT A PHYSICIAN IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION; (G) YOU WILL NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR RECEIVED USING OUR PRODUCTS; (H) WE HAVE NO LIABILITY WITH RESPECT TO ANY SURVEY OR RESEARCH/MEDICAL PROGRAM OR STUDY WITH WHICH YOU MAY BE USING OUR PRODUCTS; AND, (I) WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH OR IS GENERATED BY OUR PRODUCTS. 28. Governing Law and Jurisdiction A. All matters relating to the Content, the these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction). B. Any legal suit, action, or proceeding arising out of, or related to, the Content or these Terms and Conditions shall be instituted exclusively in the state courts in Chicago, Illinois or any federal court located therein. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 29. Limitation on Time to File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE CONTENT OR THESE TERMS AND CONDITIONS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 30. Termination To the extent permitted by applicable law, all disclaimers, limitations on liability, termination provisions, and your warranties and indemnities, shall survive any termination of these Terms and Conditions, including any termination of the App Terms, the Website Terms, and/or the Medical Device Terms, or any portions thereof. Termination of these Terms and Conditions, including any termination of the App Terms, the Website Terms, and/or the Medical Device Terms, or any portions thereof, will not limit any of our rights or remedies at law or in equity. We will not be liable to you or any third party for any termination of these Terms and Conditions, including any termination of the App Terms, the Website Terms, and/or the Medical Device Terms, or any portions thereof. 31. Waiver and Severability A. No waiver by us of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. B. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect. 32. Entire Agreement These Terms and Conditions constitute the sole and entire agreement between you and us regarding the Content and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Content. 33. Force Majeure In no event shall we be liable to you for any failure or delay in performing our obligations to provide the Content, if and to the extent such failure or delay is caused by any circumstances beyond our reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo. 34. US Government Rights Our Products are, as applicable, commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to our Products as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors. 35.Export Regulation Our Products may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You may not, directly or indirectly, export, re-export, or release our Products to, or make our Products accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You must comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval) in connection with your access to and use of our Products. 36. Your Comments and Concerns All other feedback, comments, requests for technical support, and other communications relating to our Products should be directed to: info@myowndoctor.com. III. Additional Terms and Conditions for Users of Our Apps In addition to the above General Terms and Conditions, your access to, and use of, our Apps is further governed by the following additional terms and conditions (“App Terms”). In the event of a conflict between these App Terms and the General Terms and Conditions, these App Terms shall control.

Grant of License

A. Subject to the above General Terms and Conditions (including payment of any applicable Fees) and these App Terms, we hereby grant to you a personal, non-transferable, non-exclusive, revocable, limited license to download, install, access and use our Apps on your mobile device solely for the Purposes and solely in accordance with these Terms and Conditions and our documentation provided as part of the Apps. B. These Terms and Conditions, including these App Terms, apply to any modifications of our Apps provided to you by us, unless we provide you with additional or different terms along with such modifications. These App Terms do not grant you any right to use our Apps, or any part of our Apps, other than as authorized herein. We reserve the right to change, suspend, remove or disable access to our Apps at any time without notice. In no event will we be liable to you or any third parties for the removal of or disabling of access to our Apps. We may also impose limits on your access to or use of our Apps, in any case and without notice or liability, and we may change or discontinue, temporarily or permanently, any feature or component of our Apps at any time without notice. 2. Third-Party End User License Agreements By installing or using our Apps you agree to these App Terms as well as: (a) if you downloaded the Apps from the Apple Inc. App Store, the Licensed Application End User License Agreement (“Standard EULA”) published by Apple Inc. (http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/), and/or (b) if you downloaded the Apps from the Google LLC Google Play Store, the Google Play Terms of Service (https://play.google.com/intl/en-us_us/about/play-terms/index.html) (“Terms of Service”), both of which are incorporated herein by reference as applicable (collectively, with the Usage Rules (as defined below), as applicable, the “Third-Party App Terms”). IF YOU DO NOT AGREE TO THESE THIRD-PARTY APP TERMS, AS APPLICABLE, OR DO NOT WISH TO BE BOUND BY THEM, DO NOT INSTALL OR USE OUR APPS. In order to install or use our Apps, you may need to register and create User Account with us. B.If you downloaded our Apps from the Apple Inc. App Store, you are authorized to use the Apps on a smartphone, tablet or similar device manufactured and marketed by Apple Inc. that you own or control and as permitted by the Usage Rules set forth in Apple’s App Store Terms and Conditions (the “Usage Rules”), which are incorporated herein by reference (http://www.apple.com/legal/internet-services/itunes/us/terms.html). These App Terms do not allow you to use our Apps on any devices that you do not own or control, and you may not distribute or make our Apps available over a network where it could be used by multiple devices at the same time. 3.Updates to Apps on Mobile Devices A. We may, from time to time, in our sole discretion develop and provide updates to our Apps, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality in our Apps. B. Based on your mobile device settings, when your mobile device is connected to the Internet either: (a) all available updates to our Apps will be automatically downloaded and installed; or (b) you may receive notice of or be prompted to download and install available Updates. C. You must promptly download and install all Updates and acknowledge and agree that our Apps or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of our Apps and be subject to these Terms and Conditions, including these App Terms. 4.Term and Termination A. These App Terms become effective when you download or install any of our Apps and will continue in effect until these App Terms are terminated by you or us as set forth as follows:

You may terminate these App Terms by deleting, and ceasing use of, all of our Apps and all copies thereof from all of your devices.
We may terminate these App Terms if we cease to support our Apps, which we may do at any time, or for any other reason, with or without notice, in our sole discretion.
These App Terms may be terminated immediately and automatically, without any notice, if you violate any of these Terms and Conditions, including these App Terms, or if we otherwise terminate these Terms and Conditions.

B. Upon termination of these App Terms:

All rights granted to you under these App Terms will also terminate.
You must cease all use of our Apps and delete all copies of our Apps from your devices.

C. To the extent permitted by applicable law, all disclaimers, limitations on liability, termination provisions, and your warranties and indemnities, shall survive any termination of these Terms and Conditions, including any termination of these App Terms, or any portions thereof. Termination of these Terms and Conditions, including any termination of these App Terms, or any portions thereof, will not limit any of our rights or remedies at law or in equity. We will not be liable to you or any third party for any termination of these App Terms. IV.Additional Terms and Conditions for Users of our Websites In addition to the General Terms and Conditions, your access to, and use of, our Websites is further governed by the following additional terms and conditions (“Website Terms”). In the event of a conflict between these Website Terms and the General Terms and Conditions, these Website Terms shall control.

Access to and Use of Our Websites

A. If you are an unregistered guest visitor to our public Websites, subject to the above General Terms and Conditions and these Website Terms, we hereby grant you a personal, non-transferable, non-exclusive, revocable, limited license to access and use our public Websites solely for the purpose of learning more about us and our Products. B. If you are a registered user of our Websites with a User Account, subject to the above General Terms and Conditions (including without limitation payment of any applicable Fees) and these Website Terms, we hereby grant you a personal, non-transferable, non-exclusive, revocable, limited license to access and use our Websites solely for the Purposes. C. These Website Terms permit you to access and use our Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites, except as follows:

Your computer or viewing device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of our Websites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

D. You may not:

Modify copies of any materials from our Websites.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Websites.

E. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Websites in breach of these Terms and Conditions, including the Website Terms, your right to use the Websites will stop immediately. Any use of our Websites not expressly permitted by these Terms and Conditions, including the Website Terms, is a breach of these Terms and Conditions, including the Website Terms, and may violate copyright, trademark, and other laws. 2.Service Suspension A. We may temporarily suspend your access to any portion or all of our Websites (a “Service Suspension”) if:

We determine in our sole discretion that there is a threat or attack on our Websites, your use of our Websites disrupts or poses a security risk to the Websites or to any other of our users, you are using the Websites for fraudulent or illegal activities, and/or our provision of the Websites is prohibited by applicable law.
You have violated these Terms and Conditions, including the Website Terms.
Any of our vendors has suspended or terminated our access to or use of any third-party services or products required to enable you to access our Websites.

B. We endeavor to use commercially reasonable efforts to provide you notice of any Service Suspension and to provide updates regarding resumption of access to our Websites following any Service Suspension. We also endeavor to use commercially reasonable efforts to resume providing access to Websites as soon as reasonably possible after the event giving rise to the Service Suspension is cured. We will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur as a result of a Service Suspension. 3. Term and Termination A. These Website Terms become effective when you access and/or use our Websites and will continue in effect until these Website Terms are terminated by you or us as set forth as follows:

You may terminate these Website Terms by ceasing use of all of our Websites and closing your User Account.
We may terminate these Website Terms if we cease to support our Websites, which we may do at any time, or for any other reason, with or without notice, in our sole discretion.
These Website Terms may be terminated immediately and automatically, without any notice, if you violate any of these Terms and Conditions, including these Website Terms, or if we otherwise terminate these Terms and Conditions.

B. Upon termination of these Website Terms:

All rights granted to you under these Website Terms will also terminate.
You must cease all use of our Websites.

C. To the extent permitted by applicable law, all disclaimers, limitations on liability, termination provisions, and your warranties and indemnities, shall survive any termination of these Terms and Conditions, including any termination of these Website Terms, or any portions thereof. Termination of these Terms and Conditions, including any termination of these Website Terms, or any portions thereof, will not limit any of our rights or remedies at law or in equity. We will not be liable to you or any third party for any termination of these Website Terms. V. Additional Terms and Conditions Specific to Users of the Medical Devices In addition to the General Terms and Conditions, your access to, and use of, the Medical Devices in connection with our Products is further governed by the following additional terms and conditions (“Medical Device Terms”). In the event of a conflict between these Medical Device Terms and the General Terms and Conditions, these Medical Device Terms shall control.

Use of Medical Devices

You grant us the right to access, receive, transmit, store, and otherwise use all data and information collected or generated by the Medical Devices you use in connection with our Products. Such data and information may be obtained by us directly through the Medical Devices’ interactions with our Products and/or through the third-party providers of such Medical Devices consistent with such third-party providers’ terms and conditions and privacy policies governing your use of such Medical Devices. 2. Term and Termination A. These Medical Device Terms become effective when you use Medical Devices with our Products and will continue in effect until these Medical Device Terms are terminated by you or us as set forth as follows:

You may terminate these Medical Device Terms by ceasing use of all Medical Devices in connection with our Products.
We may terminate these Medical Device Terms if we cease to support use of the Medical Devices with our Products, which we may do at any time, or for any other reason, with or without notice, in our sole discretion.
These Medical Device Terms may be terminated immediately and automatically, without any notice, if you violate any of these Terms and Conditions, including these Medical Device Terms, or if we otherwise terminate these Terms and Conditions.

B. Upon termination of these Medical Device Terms:

All rights granted to you under these Medical Device Terms will also terminate.
You must cease all use of the Medical Devices in connection with our Products.

Bud Billiken Giveaway Terms & Conditions

General: By entering this contest, you fully and unconditionally agree to accept these Official Terms, Conditions, and Rules (“Terms”) of the contest (“Contest”), and waive any right to ambiguity herein. The sponsor of this Contest is MyOwnDoctor, LLC, 223 W. Erie St., Ste 4E, Chicago, IL 60654. No purchase or payment is necessary to participate in or win this Contest, and a purchase or payment of any kind will not increase a person’s chances of winning. This Contest is void where prohibited by law and where applicable state regulation have not been met.

Eligibility: Must be at least 18 years of age. MyOwnDoctor employees, their immediate family members and individuals involved in any aspect of the Contest are not eligible. Entries must be received by Saturday, 8/13/22 at 2:00pm CST. Use of fake information in the entry will result in the disqualification of all entries by the participant. MyOwnDoctor has the right to determine who will be disqualified at our discretion based on the quality of the entry. Odds of Winning: Ten (10) winners will be selected in the Contest. Odds of winning depend upon the number of total eligible entries received. Each eligible entry has an equal chance of winning. Selection of Winners: Winners will be selected from a random drawing of eligible entries on Saturday, 8/13/22 at 2:00pm CST. Upon selection, the winners of the Contest will be immediately notified via email and announced at the MyOwnDoctor Booth at Bud Billiken Parade and on social media. Winners will have until Wednesday, 8/17/22 at 2:00pm CST to respond or an alternate winner will be selected and notified via email and on social media. A person can win a maximum of 1 giveaway. In the event that a winner is drawn for more than one giveaway, the giveaway with the highest value will go to the winner and the other giveaway will be withdrawn. Other: All giveaways are chosen at the sole discretion of MyOwnDoctor and are awarded “as is”. By entering, you agree that disputes related to this Contest will be governed by Illinois law, and you consent to exclusive jurisdiction thereof by Illinois courts. Except where prohibited by law, the winner’s acceptance of a giveaway constitutes agreement for MyOwnDoctor to use his or her name, photograph, likeness, statements, biographical information, voice, city and state, for advertising purposes, in all forms of media now and hereafter known, throughout the universe, without compensation.