PreMed Group, LLC

Direct Primary Care Member Agreement

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Notice: this medical retainer agreement does not constitute insurance, is not a medical plan that provides health insurance coverage for purposes of the federal patient protection and affordable care act and covers only limited, routine health care services as designated in the agreement

Terms of Use

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What is this document?

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These Terms of Use ("Terms" or "TOU") is an agreement between you and PreMed, Inc. ("PreMed"). It describes the rules you agree to follow when using our mobile applications and website(s) (the "Apps"), including when you ask questions and when you view or input content on or into the Apps.

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These Terms of Use apply to your use of PreMed as a patient or member. Medical Experts participating on PreMed are subject to different guidelines and terms found in Medical Expert Terms of Use. If you are viewing these Terms of Use for members and patients in error and you are a Medical Expert, please review and accept the Terms of Use for Medical Experts.

Definitions

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To make this document shorter and clearer, we've included some definitions:

• "PreMed" or the "Apps" means https://www.PreMed.com and related web sites and PreMed's mobile applications (including PreMed, PreMed for Doctors, and any other Apps we offer). PreMed Medical Group, P.C.s are located in California, Colorado, Massachusetts, Michigan, and New Jersey.

• "Content" means text, graphics, images, and any other material entered, processed, contained on or accessed through the Apps, including Content created, modified, or submitted by Medical Experts.

• "Services" means services provided through the Apps.

• "Premium Services" means paid services provided through the Apps.

• "Medical Expert" means a medical specialist or professional accepted to participate on or through the Apps.

• "Virtual Consult" means a consultation between a Medical Expert and a patient on the Apps.

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Introduction

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PreMed Services.

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PreMed connects you with doctors and trusted health information to help you feel good and to live a happier, healthier life. PreMed offers standard (free) and premium (paid) services, available through the same Apps. PreMed standard services encompass health information and not healthcare. PreMed Premium Services may be used for healthcare via virtual doctor consults. Additional terms apply to the use of certain PreMed Premium Services.

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Remember:

• Always consult with your existing doctor or healthcare provider or use PreMed Premium Services whenever you have a personal question about a medical condition or symptom.

• Never disregard professional medical advice, or delay seeking medical advice or treatment, because of something you read or learn on PreMed.

• IMMEDIATELY CALL 911 OR YOUR LOCAL EMERGENCY SERVICE OR YOUR DOCTOR IF YOU BELIEVE YOU MAY OR DO HAVE A MEDICAL EMERGENCY.

 

These Terms of Use are an Agreement.

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Generally, this agreement governs your use of the Apps. Other terms may apply to your use of a specific feature. If there is a conflict between this TOU and terms posted for a specific feature, the latter terms apply to your use of that feature or part.

THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. SEE ARBITRATION AGREEMENT.

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We May Update this Agreement.

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These Terms of Use may change on a going-forward basis at any time upon 7 days notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. If you do not agree to all of these Terms of Use, please do not use PreMed.

 

What We Do and What We Don't Do (PreMed)

 

We Support Your Health Decisions through Information.

PreMed is designed to support the health decisions and choices that you make. Always use common sense, and practicality when making health decisions, and consult with your doctor whenever appropriate. PreMed cannot make decisions for you, but can help you find health information. On PreMed you shall ask informational questions and find educational answers and health by Medical Experts. This information is not medical care and no doctor-patient relationship is created by this use of the service. Content and Services on PreMed are not a substitute for medical advice, diagnosis, treatment, or care from your physician. Information on PreMed is not a substitute for a formal diagnosis, physical examination, or prescription and should not be used to treat a medical condition. Do not ignore or delay obtaining professional medical advice because of information accessed through the Apps.

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Please use PreMed Premium Services or see your doctor in person if you are looking for a personal medical evaluation, diagnosis, prescription, or treatment.

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We Provide Access to Doctors for Care (PreMed Premium Services).

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On PreMed Premium Services you can obtain care (if you are located in a state where such service is available). Additional terms apply to PreMed Premium Services. PreMed Premium Services support doctor-patient relationships. Premium Services may be used where an ongoing doctor-patient relationship exists, or where a temporary doctor-patient relationship is created by the use of PreMed Premium Services.

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Whenever we use the words "your physician" or "your doctor" or "healthcare provider" or similar words on PreMed, including in these Terms of Use, we mean your personal doctor with whom you have of an actual, mutually acknowledged, doctor/healthcare provider-patient relationship. If you participate in a Virtual Consult on PreMed Premium Services, you understand and agree that the Medical Experts on PreMed Premium Services are not your primary care physician, and you agree not to use PreMed Premium Services as a substitute for interactions with your primary care physician or health insurance. (Where available, you may also use PreMed Premium Services for Virtual Consults with your existing doctor(s).)

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We Provide Information without Recommendation or Endorsement.

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We do not recommend or endorse any specific Content, Services, tests, doctors, products, procedures, opinions, or other information that may be mentioned on PreMed. PreMed is designed to be used with practicality and common sense, and in connection with the advice of your doctor or healthcare provider. Reliance on PreMed Content or Services is solely at your own risk. Some Services and Content (including posts by Medical Experts) may not be reviewed or certified by PreMed. We cannot guarantee that the Content and Services will help you achieve any specific goals or results. Content regarding dietary supplements or other treatments or regimens have not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.

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We are Not for Use in Emergencies.

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Never use PreMed or Content or Services (including PreMed Premium Services) in a potential or actual medical emergency. CALL 911 OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES.

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PreMed Medical Experts

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Independence of PreMed Medical Experts.

The inclusion of Medical Experts, professionals and specialists on PreMed or in any professional directory on PreMed does not imply PreMed's recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional. SUCH INFORMATION IS PROVIDED ON AN "AS-IS" BASIS AND PreMed DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PreMed SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT MEDICAL EXPERTS, PROFESSIONALS AND SPECIALISTS ON PreMed. The use of PreMed by any entity or individual to verify the credentials of professionals or specialists is prohibited.

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Your Account and Your Use of PreMed

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You are responsible for your account. Keep your password and real name private.

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Accurate and complete registration information is required to use PreMed. You are solely responsible for the security of your passwords and for any use of your account, including any access to personal information in your account. If you suspect unauthorized use of your account, change your password immediately. Allowing any other person or entity to use your identity for posting on or using PreMed is not permitted. Do not include your real name or any other information that could be used to identify you in anything you post that is publicly visible on PreMed (such as in questions or other public submissions).

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We reserve the right to revoke or deactivate your username and password at any time. You may terminate your account and these Terms at any time by selecting to deactivate your account in the settings page or visiting the customer service help center at https://support.PreMed.com.

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You must be an adult to use PreMed.

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Currently, you must be at least 16 years old to use PreMed and at least 18 years old to register for PreMed Premium Services. Clients under 18 years old must have parental, or guardian consent.

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Your use must be Legal and Appropriate.

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Your use of PreMed and any Content and Services must comply with all applicable federal and state laws, regulations, and ordinances. You may not access our networks, computers, or the Content and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to any Content or Services, other accounts, computer systems, or networks connected to PreMed, the Content, or Services.

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You may not use any automated means (such as a scraper) to access PreMed, the Content, or Services. Unauthorized access includes using credentials to access PreMed. Any attempt by any individual or entity to solicit login information of any other user or PreMed Medical Expert, or to access any such account, is an express and direct violation of these Terms and of applicable law, including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

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We maintain guidelines and a code of conduct for both Premium Services users and Medical Experts who use PreMed. By using our services, including PreMed Premium Services, you agree to abide by our Guidelines.

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We'll send you notices and information.

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For more details about when and how we can communicate with you, please consult our Privacy Statement.

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Content and Services

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PreMed is a Free Service That Offers Paid Services.

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It's free to ask health questions and receive informational health answers and tips on PreMed. PreMed also provides optional Services and Content that can be accessed for a fee ("Premium Services"). We will never ask you for your credit card or other payment information unless you indicate that you would like to use a paid service.

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PreMed is for personal use.

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PreMed is a service for individuals to use to support their personal health decisions. You may use PreMed for personal, but not for commercial purposes in accordance with all applicable federal, state and local laws. The Content is licensed only for the personal, household, and educational use of a single individual. No commercial use or commercial redistribution of any Content is permitted.

 

Licensed U.S. doctors and other qualified medical experts may apply to participate on PreMed for educational purposes as Medical Experts, or to provide Virtual Consults via PreMed Premium Services. Companies or other organizations may not become registered members or use our Apps through individual members, but we do offer Premium Services for organizations.

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PreMed does not guarantee the accuracy of Third Party Content.

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PreMed has no editorial control over or responsibility for Content provided by third parties. Any opinions, statements, products, services, or other information expressed or made available by third parties (including Medical Experts) or users on PreMed are those of such third parties or users. PreMed does not have any obligation to monitor such third party Content. We make no representations about the accuracy or reliability of any opinion, statement, or other information provided by any third party, and we do not represent or warrant that your use of the Content displayed or referenced on PreMed will not infringe the rights of third parties not owned by or affiliated with PreMed.

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We are not responsible for anything outside of PreMed.

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The Apps may contain links to other apps, web sites, information, software, data, or other content, online or offline ("External Content and Services"). Such External Content and Services and related information are outside of our control. We do not control, endorse, verify the truth or accuracy of, or review content outside of PreMed, and we are not responsible for such content. We do not warrant, nor are we in any way responsible for, information, software, data, or privacy policies related or pertaining to External Content and Services.

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PreMed may communicate with you via email, SMS, text and mobile push notification.

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When you install our app on your mobile device, you may agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device's "settings" page.

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We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

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PreMed and those acting on our behalf may send you text (SMS) messages to the phone num

ber you provide us. These messages may include operational messages about your use of the Services, as well as marketing messages. If you opt out, you may continue to receive text messages for a short period while PreMed processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Opting out of receiving operational text messages may impact the functionality that the Service provides to you. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive text messages is not a condition of any purchase or use of the Service. Standard messaging, data and other fees may be charged by your carrier.

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Your carrier may prohibit or restrict certain mobile features, and certain mobile features may be incompatible with your carrier or mobile device. As applicable, instructions regarding how to opt-out of mobile features will be disclosed in connection with such features (instructions typically require you to text a keyword, such as "STOP," "CANCEL," "UNSUBSCRIBE," to the applicable shortcode for the mobile feature, or to change your profile settings inside the Apps).

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You agree to notify PreMed of any changes to your mobile number and update your account(s) on the PreMed Platforms. You also understand and agree that by receiving communications you will be charged by your wireless or internet provider and that such emails, SMS, or mobile telephone notification may be generated by automated systems.

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You agree that we may send you limited personal information by email, SMS, text, and mobile push notification.

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When you use action-oriented features on PreMed and PreMed Premium Services (such as subscribing to a health checklist or participating in a Virtual Consult), you agree that PreMed and PreMed Medical Group, P.C. may send you automated content via email, mobile telephone, or other contact information provided by you in your account settings. This content may contain protected health information under HIPAA, including content related to conditions, treatments, and medications. You understand and agree that by using these features, you are expressly opting into receiving your own protected health information by email, SMS/text, or mobile push notifications. These communications from the Apps are not encrypted. Although unlikely, it is possible for these communications to be intercepted or accessed without your authorization. By using the Apps, you release PreMed from any liability arising from or related to any such interception or unauthorized access.

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Mandatory Removal of Content and Services.

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If you violate any of these Terms of Use, your permission to use the Content and Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. (For more information, see Termination.)

We cannot control external communications (including email, SMS, and notifications).

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Email, short message services (SMS), text message communications and mobile push notifications from the Apps are not encrypted. You can opt out of receiving email, SMS/text messages, and mobile push notifications. Although unlikely, it is possible for these communications to be intercepted or accessed without your authorization. By using the Apps, you release PreMed from any liability arising from or related to any such interception or unauthorized access.

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Advertising

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We Do Not Advertise.

There is no paid advertising on PreMed.

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Property Rights

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PreMed owns or has rights to the Content and Services.

When you use the Apps, you do so under a license from us. Subject to your complete and ongoing compliance with these Terms, PreMed grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of our mobile App obtained from a legitimate marketplace on a mobile device that you own or control; and (b) access and use the Content and Services. This means that you may not use the Apps for any commercial purpose, that we can take away your right to use the Apps, and that you cannot give this license away to someone else. All right, title, and interest in and to the Apps, Services, and the Content, together with all related intellectual property rights are the property of PreMed or our affiliates, excluding your rights under applicable law to any information or Content related to Virtual Consults on PreMed Premium Services. Rights retained by other parties in the Content are their respective rights. PreMed reserves all rights to the Content not granted expressly in these Terms.

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You agree not to infringe our Copyrights, Trademarks, Trade Secrets, Patents, or other intellectual property rights.

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PreMed and other related marks are registered trademarks of PreMed, Inc. Any other trademark, brand, or content on PreMed that is not the property of PreMed is the property of its respective owner. You agree not to violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property rights. You may not reproduce, create derivative works of, distribute, publicly display the Content (or any portion of it) without our prior written consent. However, you may use App features to repost Content or portions of Content, including through other third party applications and mediums (such as Facebook or Twitter), so long as you do not modify that Content or the functionality of those features. This re-posting right does not create any additional rights in such Content. Additionally, you may not use any metatags or any other "hidden text" utilizing the name "PreMed" without our prior written permission.

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You agree not to access, attempt to access, or use our data without our permission.

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Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Apps, Services, or Content; (b) make modifications to the Apps, Services, or Content; or (c) interfere with or circumvent any feature of the Apps, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. You agree not to access, attempt to access, request access not authorized by the Apps or use any App Content or data without our permission. This means that you agree not to transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of the Apps or any Content, in whole or in part, in any form or by any means.

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Contact us if you believe materials on our Apps infringe your copyright.

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If you believe any materials accessible on or from PreMed infringe your valid and enforceable copyright, you may request removal of (or access to) those materials (or access thereto) from us by contacting us and providing us with information pursuant to our DMCA Removal Procedure.

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Submissions

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You agree to abide by our Submission Guidelines.

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You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. The personal information you submit to PreMed is governed by the Privacy Statement (the terms of which govern in the event of any inconsistency with this TOU). You agree that submissions will comply with PreMed's Guidelines. If you are a user, you agree to the User Guidelines. If you are a Medical Expert, you agree to the Medical Expert Guidelines.

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You give us rights in what you submit.

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Do not submit anything to us if you don't want to give us rights to it. If you wish to keep any content, business information, ideas, concepts or inventions private or proprietary, do not submit them on, through, or to PreMed, by email or otherwise. With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Statement) and other information governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the rules and regulations promulgated thereunder (as amended to date, "HIPAA"), or other applicable laws, if you make any submissions (by email or otherwise) on, to or through PreMed, including but not limited to media (including photographs), data, questions, comments, suggestions, business information, ideas, concepts or inventions (collectively "Submissions"), you make such submission without any restrictions or expectation of compensation, privacy, or confidentiality. You agree that your Submissions may be used by us without restriction for any purpose whatsoever. By making any a Submission, you grant PreMed a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your Submissions, in whole or in part, in any media formats and through any media channels now known or hereafter developed. This means PreMed has the complete right to freely use, create derivative works from and modify, such Submissions in any way, commercial or otherwise (including developing and marketing products or features using such information), and for any purpose whatsoever and without limitation. PreMed may sublicense its rights.

By making any a Submission, you further agree to indemnify PreMed and its affiliates, directors, officers, Medical Experts, and employees, and to hold them harmless from any and all claims and expenses, including attorneys' fees, arising from your Submissions, or your failure to comply with these Terms.

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PreMed does not accept unsolicited recruiters or similar submissions. Any candidate submissions by a recruiter or other third party without a valid and signed recruiting agreement in place with PreMed prior to such submission will not be subject to any recruiter or similar fees.

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Termination

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All of our members are required to honor this Agreement.

Your permission to use the Apps, Content, and Services ends immediately if you violate any of the terms of this Agreement. We may place limits on, modify, or terminate your right to access and use Apps and the Services and/or Content at any time for any reason or no reason, with or without notice. This suspension or termination may delete information, files, and other previously available Content. We also reserve the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Apps), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Services or any suspension or termination of your access to or use of the Services.

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You may terminate your account at any time by visiting the customer service help center at https://support.PreMed.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services.

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Effect of Termination.

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Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay PreMed any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination, this section, and sections regarding Submissions, ownership, indemnities, disclaimer of warranties, limitations on liability, and the Arbitration Agreement will survive.

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Indemnification & Exclusions and Limitations

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Exclusion of Warranties.

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THE APPS AND THE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE, PreMed MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE, PreMed MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS, INCLUDING THOSE REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. PreMed AND THE CONTENT AND SERVICES WERE DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION CONCERNING PreMed AND THE CONTENT OR SERVICES WHEN USED IN ANY OTHER COUNTRY.

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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR PreMed, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE APPS, WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS.

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Specifically, and without limiting the foregoing, we, our licensors, and our suppliers, make no representations or warranties about: (i) the accuracy, reliability, completeness, currentness, or timeliness of the Content provided on or through the use of the App; or (ii) regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with PreMed. Any location data accessed via the Apps may be inaccurate or incomplete and any use of such data is at your own risk.

Limitation of Liability of PreMed and Third Party Beneficiaries.

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WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER USER, INCLUDING MEDICAL EXPERTS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR ANY LOSS OF DATA, INCLUDING SUBMISSIONS.

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To the fullest extent permitted by law, in no event will PreMed, its licensors, suppliers, or any third parties mentioned on PreMed be liable for any personal injury, including death, attributable to or caused by your use or misuse of PreMed or Content (including Medical Expert Content). Any claims arising in connection with your use of the Apps, Services, or any Content must be brought within one (1) year of the first date of the event giving rise to such action. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. You expressly agree that Medical Experts are third party beneficiaries under these Terms and may enforce the rights hereunder, including Limitation of Liability rights.

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NEITHER WE, PreMed MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THESE LIMITATIONS APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. EXCEPT AS PROVIDED IN THE ARBITRATION AGREEMENT, NEITHER US, THE MEDICAL EXPERTS ON PreMed, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT TO ANY USER FOR ANY CLAIMS (IN AGGREGATE OVER ALL TIME) FOR MORE THAN THE GREATER OF: (I) FEES PAID BY THE USER TO PreMed OVER THE COURSE OF THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE INCIDENT GIVING TO THE ALLEGED DAMAGES; OR (II) FOR USERS WHO HAVE NOT SO USED PAID PREMIUM SERVICES, TO ONE HUNDRED DOLLARS ($100).

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Limitations of Liability and Indemnity for Expert Content.

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Informational content on the Apps that is created, modified, submitted, or validated by Medical Experts or other healthcare experts (collectively, "Expert Content") is subject to the following additional terms and conditions and agreements by You.

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Expert Content is for informational purposes only. For medical advice, treatment, or diagnosis, see your personal doctor or healthcare provider. PreMed is not responsible for Expert Content. The authors or posters of Expert Content ("Posters") are solely responsible for such content. No representations, warranties, or guarantees of any kind are made regarding the Expert Content. Under no circumstances shall any party be liable (to you or to any other person) for any damages or harm (of any type or under any legal theory) resulting from or related to the Expert Content. No party shall have any liability for: (a) any loss or injury caused, in whole or in part, by a Poster's actions, omissions, or negligence, in procuring, compiling, or delivering information within or through Expert Content; (b) any errors, omissions, or inaccuracies in Expert Content (regardless of cause), or delays or interruptions in delivery of such information; or (c) any decision made or action taken or not taken in reliance upon such information. You agree to indemnify and hold the Poster (and the Poster's employer and/or sponsor) harmless from any claim or demand, including attorneys' fees, made by any third party as a result of any violation of law that occurs by you through your use of Expert Content or this Site and/or anything you do using Expert Content, our Apps and/or the information contained therein.

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IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON OUR SITE, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SITE. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

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Licensed Content

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Certain Content may be licensed from third-parties.

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The licenses for some of this Content may contain additional terms. When such Content licenses contain additional terms, we will make these terms available to you on those pages or in the Terms of Use. The Apps may include code and components licensed under an open source license, as further described at https://www.PreMed.com/terms/ios-oss/ for iOS and https://www.PreMed.com/terms/android-oss/ for Android, or such other location specified by PreMed.

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Foreign Languages

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Where PreMed Content or Services (including these Terms) are translated into languages other than English, all such translations are for the convenience of our users only, and PreMed is not responsible or liable in the event of any translation inaccuracy. The English-language version of these Terms shall control and apply In the event of any conflict with content or translation. You understand that Content, including but not limited to questions and answers, may not have the same meaning in translation, and that treatments (including but not limited to medication names) and other information may differ from country to country and in different languages and may not be available in all places. Additionally, you understand and agree that Virtual Consults with Medical Experts may not be available in languages other than English, and you agree not to conduct a consultation with a doctor in a language in which you are not proficient without the use of a professional translator. If you are connected to a Medical Expert who speaks your language, you understand that the doctor may not be a native speaker and that the doctor's ability to communicate may be limited. If you choose to use a translator in connection with a Virtual Consult, you understand that PreMed is not liable for any errors or omissions in translation.

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General Legal Terms

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General Terms.

These Terms, and the other agreements referenced in it (like our Privacy Statement and Cookie Policy), are the entire agreement between you and us relating to the PreMed Apps. Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of these Terms. These Terms replace any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references these Terms. If there is any conflict between these Terms and a mutually signed written agreement between you and us related to PreMed, the signed written agreement will control. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.

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If we choose not to enforce any provision of these Terms, we retain the right to enforce it in the future. This means that the failure to enforce any provision of these Terms does not constitute a waiver of that provision. If any provision in these Terms is found to be unenforceable, that provision and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.

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This agreement is governed by California law, excluding California's choice-of-law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS SANTA CLARA COUNTY, CALIFORNIA. YOU AND US CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party's ability to seek equitable relief.

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IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT ON OUR APPS, OR ANY SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THE APPS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR APPS. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE.

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The Apps and Services are offered by PreMed, Inc. located at 2465 Latham St 3rd Floor, Mountain View, CA 94040. You may contact us by sending correspondence to that address or by visiting the customer service help center at https://support.PreMed.com.

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding the use of the Service.

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We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

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Notice Regarding Apple. This section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and PreMed only, not with Apple Inc. ("Apple"), and Apple is not responsible for the App or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the App. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe a third party's intellectual property rights. You agree to comply with any applicable third party terms when using the App. Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

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Golden Life Wellness Center, LLC and its subsidiaries and managed entities are not affiliated with PreMed. The names and symbols of Golden Life Wellness Center and its affiliates and subsidiaries, including Golden Life Wellness Center, LLC are owned by and proprietary to Golden Life Wellness Center, and have been licensed for use by PreMed.

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User Guidelines

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By using PreMed or PreMed Premium Services you agree to abide by the following guidelines. Any violation may result in limitation, suspension, or termination of your access to our Apps.

General Guidelines.

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• Respect. You agree to engage with Medical Experts in a respectful manner and to refrain from inappropriate language and behavior.

• Appropriate Use. You agree to only use PreMed and PreMed Premium services in a manner that is not: unlawful, threatening, harassing, abusive, defamatory, slanderous, libelous, harmful to minors, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, invasive of another's privacy, or racially, ethnically or otherwise divisive, offensive, hateful, or abusive.

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Guidelines for Posting Content (Including Questions) (Non-Premium Services).

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• Informational Questions Only. Only informational questions submitted for educational purposes are allowed. Do not post any facts that give the impression that a question is uniquely patient-specific, or are about a specific person, including yourself.

• No Requests for Medical Care, Diagnosis, or Treatment. No requests for prescription, diagnosis, or treatment should be made on PreMed (for medical care, please use PreMed Premium Services, as appropriate and available). Any second opinions received on PreMed are not diagnosis, prescription, or treatment, and are for informational purposes only.

• No Guarantees. There is no guarantee that any submitted question will be answered; questions are answered at the sole discretion of participating Medical Experts. No follow-up questions or personal information should be included in any notes or other posts on or through PreMed.

• Only Adults May Post. Minors (persons under the age of 18) may not obtain Virtual Consults on PreMed, but PreMed permits the posting of questions by persons 16 years of age and older. Caregivers may post educational questions related to authorized care recipients (such as the mother posting questions about an infant).

• Excluding PreMed Premium Services, No Posting of Personally Identifiable Information. Do not post name(s), email address(es), or telephone number(s), URLs, or any other confidential or personally identifiable information about you or any other person or entity on PreMed.

• No Posting for Illegal Purposes. Do not use PreMed for any purpose in violation of local, state, federal, or international laws.

• No Infringing or Impersonating Postings. Do not post material that infringes on the copyrights or other intellectual property rights of others (never post a picture of another person without permission) or on the privacy or publicity rights of others. Do not post impersonating another person or entity.

• No Inappropriate Postings. Do not post material that is unlawful, misleading, obscene, sexually explicit, medically inappropriate, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, divisive, or embarrassing to any other person or entity, or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with our Terms or Privacy Statement.

• No Viruses or Software. You agree that you will not upload any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or the Apps.

• No Excessive or Inappropriate use. Do not use the Apps excessively, inappropriately, or in ways that the Apps were not designed for or that are not, in the opinion of PreMed Medical Experts, medically appropriate or legitimate.

• No Promotions or Links. Do not post advertisements, solicitations, or links to other websites or individuals.

• No Spam or Schemes. Do not post the same question more than once or "spam" PreMed. Do not post chain letters or pyramids or other schemes.

• No Detrimental Behavior. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying PreMed, or which, in the judgment of PreMed, exposes us or any of our members, partners or suppliers to any liability or detriment of any type.

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Guidelines Specific to Premium Services and Virtual Consults.

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• Treatment. You agree not to make demands for treatment from a Medical Expert on PreMed.

• Care. Medical care (including Virtual Consults with Medical Experts, prescriptions, diagnosis, or treatment recommendations) is only available on PreMed through our Premium Services, and you agree that such care is limited to medically necessary and appropriate care, as determined by the treating Medical Expert.

• Care Limitations. You may use the PreMed Premium Services to obtain Virtual Consults regarding discrete and episodic medical issues. Examples of inappropriate uses of PreMed Premium Service are (but are not limited to) use of PreMed Premium to replace or obtain: emergency care; in-person routine physicals and vaccinations (except for vaccines that can be ordered for you to get at a pharmacy); health verifications or disability forms that require an in-person exam; in-person tests or screenings, such as Pap smears, breast exams, prostate exams, and strep throat swabs; lifestyle treatments, such as medication for smoking cessation, losing weight, stopping addiction, and erectile dysfunction; and ongoing care of chronic conditions like diabetes, high blood pressure, arthritis, anxiety, depression, epilepsy, lupus, and chronic pain (except for medical advice of a limited nature); as well as falsifying your location, doctor-shopping or otherwise repeating consults for the same issue. We reserve the right to review your usage and to suspend or terminate your PreMed account if we find that you have misused the PreMed Premium Services. Our conclusions based on those reviews are final.

• Prescriptions and Lab Tests. You agree that you do not have a right to expect, demand, or to receive any particular prescription or lab test when using PreMed Premium Services. Prescriptions and lab tests, where available, are provided at the sole discretion of the consulting Medical Expert. Patients who are located outside the U.S. may not receive lab orders and may receive prescription recommendations only.

• Prescriptions and Lab Tests Limitations. You understand and agree that not all prescriptions and lab tests are available using PreMed Premium Services. The following medication categories cannot be prescribed or recommended in Virtual Consults on PreMed: DEA category I-IV medications, lifestyle medications (such as weight loss or hair loss medication), and U.S.-state regulated medications. Lab tests are currently ordered using Quest Diagnostics, and it may not be possible to order all of Quest Diagnostics lab tests (if any) in all U.S. states.

• Duration of Treatment. You agree that the duration of any treatment prescribed or recommended may be limited. It is up to the consulting Medical Expert to determine the appropriate duration of any treatment, if any, made available through a Virtual Consult. Where prescriptions are provided, they may be a short-course to hold you over until you are able to consult with your regular doctor.

• Dress Code. You agree to be appropriately dressed and to show personal or private body parts only when it is of medical relevance to do so.

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Reservation of Rights.

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• Rejection and Removal of content. Subject to applicable law and any related limitations, we reserve the right to review any submission or Content on our Apps and Services, and to not post such Content or to remove or request the removal of any Content for any reason, at any time, without prior notice, at our sole discretion.

• Termination. We reserve the right to restrict or terminate access to our Content or Services by any individual who violates our Terms, or engages in any other conduct that, in our sole judgement, restricts or inhibits any other person from using or enjoying PreMed or exposes us or any of our members, partners or suppliers to any liability or detriment of any type.

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PreMed Arbitration Agreement

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Summary.

PreMed's Terms require the use of arbitration to resolve disputes and also limits the remedies available to you in the event of a dispute. Most concerns can be resolved quickly by visiting the customer service help center at https://support.PreMed.com. In the unlikely event that we are unable to resolve a legitimate legal complaint, we each agree to resolve those disputes through binding arbitration or small claims instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. We request that you work with us in good faith to resolve any disputes for at least 30 days after notifying us of such issues before filing arbitration. You understand that any award available under arbitration is subject to the limitations in the PreMed TOUs. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PreMed ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

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Agreement.

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First things first: let's try to sort it out. We want to address your concerns without a formal arbitration or case. Before filing a claim against PreMed, you agree to make a good faith effort to try to resolve the dispute informally by contacting dispute-notice@PreMed.com and responding promptly to any related communications. We'll try to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, you or PreMed may bring a formal proceeding.

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This Arbitration Agreement ("Arbitration Agreement") is a condition of the Terms of Use of PreMed and the Apps. The effective date of this agreement is August 30, 2014 (the "Effective Date").

General.

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If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you agree that any and all disputes or claims that have arisen or may arise between us - except as set forth below ("Exceptions") - shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

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Any arbitration proceedings shall be conducted by the American Arbitration Association ("AAA") under its rules and procedures applicable at that time, including the AAA's Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement. You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the AAA's website. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting PreMed. The arbitration shall be held in Santa Clara County, California or at another mutually agreed location. If the reasonable value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator's discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.

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Exceptions.

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Notwithstanding the foregoing, nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

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Notice.

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A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to PreMed should be addressed to: General Counsel, PreMed, 2465 Latham St 3rd Floor, Mountain View, CA 94040 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought and the specific applicable legal basis for the requested relief ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or PreMed may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or PreMed must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

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The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different PreMed users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.

Opt-Out.

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If you do not wish to resolve disputes by binding arbitration, you may opt out of this Arbitration Agreement within 30 days after the date that you agree to the Terms by sending a letter to General Counsel, PreMed, Inc., 2465 Latham St 3rd Floor, Mountain View, CA 94040 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once PreMed receives your Opt-Out Notice, this Arbitration Agreement will be void and any action arising out of the Terms will be resolved under the governing law and jurisdiction set forth in the Terms. The remaining provisions of the Terms will not be affected by your Opt-Out Notice.

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Fees.

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The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise. If the amount of any claim in an arbitration is US$5,000 or less, PreMed will pay all arbitrator fees associated with the arbitration, so long as: (a) you make a written request for such payment of fees and submit it to the AAA with your Demand for Arbitration; and (b) your claim is not determined by the arbitrator to be frivolous or without merit under PreMed's Terms of Use or otherwise ("Frivolous Claims"). In such a case, we will make arrangements to pay all necessary fees directly to the AAA. If the amount of the claim exceeds US$10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, PreMed will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines the claim(s) you assert in the arbitration are Frivolous Claims, you agree to reimburse PreMed for all fees associated with the arbitration paid by PreMed. PreMed's obligations to pay these fees shall be made after a preliminary determination that the claims are not barred or limited by the PreMed Terms of Use.

 

Bared or limited claims constitute Frivolous Claims.

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PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS

YOU AND PreMed AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE "PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS". UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PreMed USERS.

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Enforceability.

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Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then the entire Arbitration Agreement shall be null and void.

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Modifications.

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If PreMed makes any future change to this Arbitration Agreement, other than a change to PreMed's Notice Address, you may reject the change by sending us written notice within 30 days of the change to the Notice Address, in which case your account with PreMed will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

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CLAIMS ARE TIME-BARRED

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You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claims.

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Additional Terms: Premium Services

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THE FOLLOWING TERMS APPLY TO YOUR USE OF PreMed PREMIUM SERVICES AND LIVE VIRTUAL CONSULTS PERFORMED BY VIDEO, AUDIO (VOICE), OR TEXT CHAT, OR BY ASYNCHRONOUS TEXT INBOX CONSULTS (COLLECTIVELY, "VIRTUAL CONSULTS"). BY USING PreMed PREMIUM SERVICES YOU REPRESENT THAT YOU UNDERSTAND AND AGREE TO ALL OF THE FOLLOWING IN ADDITION TO OUR BASIC TERMS OF USE.