XI. DISCLAIMER; LIMITED HEALTH CARE SERVICES

The Website is structured for use specific to certain Health Care Services and is not, and should not, be considered, or used as comprehensive medical advice, care, diagnosis or treatment.Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding general personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug, or medication.We reserve the right to change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page. The date this Privacy Policy was last modified is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically monitoring and reviewing any updates to this Privacy Policy. Your continued use of our Website and the App after such amendments will be deemed your acknowledgement of these changes to this Privacy Policy.
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XII. INFORMED CONSENT FOR VIRTUAL CARE

Preamble. I, as Patient or Patient’s authorized legal representative, understand that SheMed, LLC, and its US subsidiaries, including SheMed US, LLC (collectively, “SheMed”) separately engage virtual care companies, which are independently owned by licensed physicians (“Virtual Care Partners”). SheMed does not own these medical practices, employ or in any way supervise or control the Virtual Care Partners rendering care. Through its technology platform, SheMed facilitates the provision of virtual care services but it is not itself, a source of healthcare, medical advice, or care (“Virtual Care” or “Virtual Care Services” or “Virtual Care Sessions”). All medical decisions are made solely by the Virtual Care Partners, who exercise independent clinical judgment. SheMed does not review, direct, or influence medical treatment decisions. This Consent is effective and binding across all Virtual Care Sessions or services rendered by the Virtual Care Partners via SheMed's technology platform.Virtual Care or telemedicine (the terms will be used interchangeably throughout this Consent) involves the use of electronic communications, information technology, or other means to enable a healthcare provider and a patient at different locations to communicate and share individual patient health information for the purpose of rendering health care services. Virtual Care or telemedicine may be used for assessment, treatment, diagnosis, prescription, follow-up, and/or patient education. This Consent informs the patient (“Patient,” “you,” or “your”) concerning the treatment methods, risks, and limitations of using a Virtual Care platform.Electronic Transmissions. The types of electronic transmissions that may occur using the Virtual Care platform include, but are not limited to:
● Completion, exchange, and review of relevant medical information (for example: health records; images; output data from medical devices; sound and video files; diagnostic and/or lab test results) between you and a healthcare provider via: asynchronous or synchronous communications; two- way interactive audio; and/or two-way interactive audio and video interaction;
● Treatment recommendations by a healthcare provider based upon such review and exchange of clinical information;
● Delivery of a consultation report with a diagnosis, treatment and/or prescriptions, as deemed  medically relevant;
● Prescription refill reminders (if applicable); and/or
● Other electronic transmissions for the purpose of rendering health care services to you.Recording. By participating in this Virtual Care Session, you acknowledge and consent to the recording of audio, video, and certain images for purposes including, but not limited to, quality review, operational improvement, training, and patient safety. All information collected during the session will be used, stored, and safeguarded in accordance with applicable privacy laws and regulations.Benefits. Virtual Care provides an array of benefits to you, including (a) improved access to healthcare providers by allowing you to consult a provider from your home or office; and (b) improved efficiency for access to medical evaluation and management.At-Home Blood Collection. As part of SheMed’s GLP-1 Weight Management Program (the “Program”), SheMed also engages companies that provide laboratory services, which utilize self-administered at-home blood collection devices to qualify and monitor patients in the Program. You hereby agree to use a self-administered at-home blood collection device as instructed by SheMed.GLP-1/GIP Medication:Indication for Use. You are requesting treatment with an approved GIP/GLP-1 receptor agonist medication as part of your treatment plan for the management of weight or obesity. These medications work by mimicking the action of incretin hormones, which help regulate blood sugar levels, promote feeling full, and reduce food intake.Potential Benefits.
● Weight loss or weight management
● Improved blood glucose control
● Reduced cardiovascular risk
● Potential improvement in overall metabolic healthPotential Side Effects. While these medications can be beneficial, they may also cause side effects. Although not common, these medications can result in emergency room visits, hospitalizations, or even death. Common and serious side effects include, but are not limited to:Common Side Effects:
● Nausea
● Vomiting
● Diarrhea
● Constipation
● Decreased appetite
● IndigestionSerious Side Effects:
● Pancreatitis (inflammation of the pancreas)
● Hypoglycemia (low blood sugar), especially when used with other diabetes medications
● Gallbladder disease (e.g., gallstones)
● Kidney problems
● Allergic reactions (e.g., rash, itching, swelling)
● Gastroparesis (paralysis of the bowels)Risks and Considerations.
● Pancreatitis: There is a risk of developing pancreatitis. If you experience severe abdominal pain, nausea, or vomiting, you should contact your healthcare provider immediately.
● Thyroid Tumors: Animal studies have shown an increased risk of thyroid tumors with certain GLP-1 medications. Although this has not been confirmed in humans, please inform your healthcare provider if you have a history of thyroid cancer.
● Hypoglycemia: When taken with other diabetes medications, particularly insulin or sulfonylureas, there is a risk of low blood sugar. It is important that your provider knows if any of these medications are added to your regimen.
● Kidney Function: This medication may affect kidney function, particularly in patients with existing kidney disease. Regular monitoring of kidney function may be required.Monitoring and Follow-up. You will require regular follow-up visits to monitor your response to the medication and to assess any side effects, which may include weekly weigh-ins.I acknowledge the potential benefits, risks, and side effects of GLP-1 or GIP/GLP-1 receptor agonist medications. I understand the importance of regular monitoring and follow-up appointments. I consent to the use of GLP-1 or GIP/GLP-1 receptor agonist medications as part of my treatment plan for overweight or obesity.

Medication Responsibility. I acknowledge and agree that I may only use GLP-1 medication that is unexpired, properly stored, and obtained through the SheMed GLP-1 Program during telehealth check-in sessions or at any other time. I further acknowledge that I am solely responsible for ensuring that any GLP-1 medication in my possession complies with these requirements. You are encouraged to check the medication’s expiration date, ensure it has been stored according to the manufacturer’s instructions (e.g., refrigeration required), and inspect the packaging for any signs of damage or tampering. SheMed is not responsible for any adverse effects, outcomes, or complications resulting from the use of expired, improperly stored, or externally obtained medication. Always follow manufacturer’s instructions when administering GLP-1 medication.

Risks. As with any medical procedure, there are potential risks associated with the use of telemedicine. These risks may include, without limitation, the following:
● Technical problems: digital issues such as video quality, sound quality, or connectivity issues that may require an encounter to be rescheduled.
● Although measures are in place to prevent a breach of privacy, security protocols could fail, causing a breach of privacy of personal medical information.
● Provider's inability to conduct a hands-on physical examination of me and my condition.
● Risks related to the use of self-administered at-home blood collection devices:○ Improper use of blood lancets can increase the risk of inadvertent transmission of bloodborne pathogens, particularly in settings where multiple patients are tested.
○ Minor bruising or residual marks may occur at the sample collection site.
○ Fainting, as with any blood sampling procedure.Patient Acknowledgments. I, as Patient or Patient’s authorized legal representative, further acknowledge and understand the following:
● If I am experiencing a medical emergency, I will be directed to dial 9-1-1 immediately and the provider is not able to connect me directly to any local emergency services.
● I have the right to withhold or withdraw my consent to the use of Virtual Care in the course of my care at any time without affecting my right to future care or treatment.
● If a minor is eligible for Virtual Care Services, I, as the minor’s parent or legal guardian, must provide explicit consent and be present during the Virtual Care Session.
● Federal and state law requires health care providers to protect the privacy and security of health information. I am entitled to all confidentiality protections under applicable federal and state laws. I understand all medical reports resulting from the Virtual Care visit are part of my medical record.
● I further understand that my healthcare information may be shared in the following circumstances:
○ When a valid court order is issued for medical records.
○ Reporting suspected abuse, neglect, or domestic violence.
○ Preventing or reducing a serious threat to anyone's health or safety.
● I further understand that any provider's advice, recommendations, and/or decisions may be based on factors not within his/her control, including incomplete or inaccurate data provided by me. I understand that the provider only relies on information provided by me during our Virtual Care encounter and that I must provide information about my medical history, condition(s), and current or previous medical care that is complete and accurate to the best of my ability. I also understand that the provider may not have access to my full medical record or information.
● A healthcare provider will provide care consistent with the prevailing standards of medical practice but makes no assurances or guarantees as to the results of treatment. I understand that there is no guarantee that all treatment of all patients will be effective.
● The laws of the state in which I am located will apply to my receipt of Virtual Care services.
● I have the right to review and receive copies of my medical records, including all information obtained during a Virtual Care interaction, subject to our standard policies regarding request and receipt of medical records and applicable law.
● The Virtual Care Services are not a replacement for my primary care physician or annual office check-ups. Should I desire to seek in-office care through other providers, including my primary care physician, I can do so.
● Neither SheMed nor the Virtual Care Partners are online pharmacies. The Virtual Care Partners do not prescribe drugs listed as controlled substances by the U.S. Drug Enforcement Agency. SheMed does not control or supervise any prescription decision made by a Virtual Care Partner.
● I further agree that any prescription obtained through the SheMed platform prescribed by a Virtual Care Partner will be used only for its intended use. Neither SheMed nor the Virtual Care Partners guarantee that a specific medication will be prescribed if requested.
● I hereby release and hold harmless SheMed and the Virtual Care Providers from any loss of data or information due to technical failures associated with the Virtual Care/telemedicine service.
● I understand that I will be given information about test(s) and treatments(s), as applicable, including the benefits, risks, possible problems or complications, and alternate choices for my medical care through the Virtual Care/telemedicine visit.
● I understand that the Program does not guarantee a specific result or amount of weight loss. Weight loss results vary depending on the individual. Results may vary based on each patient’s physical health, diet and exercise, and adherence to the Program.
● I understand that under the Program, no prescriptions or treatments will be given unless a clinical need exists based on an examination, any necessary testing or lab work, a medical consultation, and current medical history analyzed by the Virtual Care Partners.
● I understand that failure to comply with the terms of this Consent may result in the termination of my ability to use the Virtual Care Services.

Additional Acknowledgment of Risks and Release from Liability. YOU UNDERSTAND THAT THERE ARE POTENTIAL RISKS, WHETHER KNOWN OR UNKNOWN, ASSOCIATED WITH THE USE OF VIRTUAL CARE SERVICES AND THE USE OF SELF-ADMINISTERED AT-HOME BLOOD COLLECTION DEVICES. YOU FULLY AND FOREVER RELEASE AND DISCHARGE SHEMED, LLC, ITS SUBSIDIARIES, BUSINESS PARTNERS, AFFILIATES, AND ANY THIRD-PARTY PROFESSIONALS FROM LOSSES, DAMAGES, CLAIMS (INCLUDING NEGLIGENCE CLAIMS), DEMANDS, LAWSUITS, EXPENSES, AND ANY OTHER LIABILITY OF ANY KIND, DIRECTLY OR INDIRECTLY ARISING OUT OF, CONCERNING, OR RELATING TO THE USE OF VIRTUAL CARE SERVICES OR THE USE OF THE AT-HOME BLOOD COLLECTION DEVICE EVEN IF IT IS DUE TO THE NEGLIGENCE, OMISSION, OR OTHER FAULT OF THE RELEASED PARTIES.

Biometric consent. SheMed may collect biometric data to verify users’ identities. This verification process may require users to submit biometric data, including facial scans and audio recordings, for identity verification purposes. By agreeing to this informed consent, you must also consent to the processing of biometric data as outlined below and in SheMed’s Biometric Data Policy.

Consent to process biometric data and sensitive data: To utilize SheMed’s Virtual Care Services, you must grant SheMed consent to collect, capture, obtain, possess, store, use, process, disclose, re-disclose, and share your information with third party providers as needed (“Process”). This Information includes your Biometric Data (as defined below) and other personal data, including sensitive personal data (“Personal Data”), for the purpose described below.

By agreeing to this Informed Consent for Virtual Care within the app, you confirm that you have read, understand, and accept the Biometric Data Policy and this Terms of Use. You also grant consent to SheMed, and our third party service providers to Process your Biometric Data and other Personal Data for the purposes described and summarized below. If you do not agree, do not check the box indicating that you consent to this Informed Consent for Virtual Care and do not continue with the enrollment process. Without your consent, SheMed will not be able to complete the verification process and you will be unable to use SheMed’s Virtual Care Services.

Personal Data: If you consent, SheMed and our third party providers may Process your Personal Data, including:
• Images: images/videos (including audio recordings) of you captured via your device camera or otherwise uploaded.
• ID Doc: images (front and back) of your ID including the photo on your ID, ID number and other data extracted from your ID (e.g., name, DOB, gender, and data from your ID's machine-readable zone).
• Biometric Data: We may extract "scans of face geometry" and/or "voiceprints", from your Images and/or ID Docs, which may be considered biometric identifiers or biometric information.
• Device Data: location data, IP address, and other device data.

Purpose: SheMed and our third party providers may use Biometric Data from your ID Doc and Images and other personal data to: (i) verify your identity or authenticate you and your use of SheMed’s services, including to compare Biometric Data from your Images and ID Doc; (ii) detect and prevent fraud, (iii) evaluate the authenticity of Images and ID Docs, including to look for signs of tampering, and detect whether they contain a genuine human or physical document, and (iv) improve and develop SheMed’s Identity Verification Services, where permitted by applicable law.

Retention: Biometric Data is retained only until the initial purpose for which it was collected has been satisfied and will be securely deleted within three-hundred and sixty five (365) days (or a shorter period) after you submit your Images and ID Doc. Images and ID Docs may be stored by SheMed for up to three (3) years after you submit them. After the applicable retention period, your data is permanently destroyed, unless otherwise required by law or legal process.

Disclosures: Biometric Data and other personal data may be disclosed: (1) to our third party service providers; (2) as required by state or federal law or municap ordinance; (3) as required pursuant to a warrant or subpoena; and (4) as expressly consented to by you or your authorized representative.

Withdrawal of Consent: If you consent now but would like to later withdraw your consent, please contact SheMed as set forth in SheMed’s Privacy Policy.

Consent to Email, Cellular Telephone, or Text Usage for Healthcare Communications. If at any time I provide an email address or cellphone number at which I may be contacted, I consent to receiving unsecure instructions and other healthcare communications at the email or text address I have provided or SheMed or the Virtual Care Partners have obtained, at any text number forwarded, or transferred from that number. These instructions may include, but not be limited to, follow-up instructions, educational information, and prescription information.

Note: You may opt out of these communications at any time. SheMed does not charge for this service, but standard text messaging rates or cellular telephone minutes may apply as provided in your wireless plan (contact your carrier for pricing plans and details).

Patient Consent to the Use of Telemedicine, and Laboratory and Wellness Services. I have read and understand the information provided above and understand the risks and benefits of telemedicine services and related laboratory and wellness services. I have the legal capacity and authority to provide this consent for myself and/or the minor for which I am consenting under applicable federal and state laws, including laws related to the age of majority and/or parental/guardian consent. By accepting these terms, I hereby give informed consent to Virtual Care as an acceptable form of delivering healthcare services to me, my child or a child for whom I have legal responsibility and that this consent will cover any and all of my sessions using Virtual Care and related laboratory and wellness services.

Duration. This consent will remain fully effective until it is revoked.

Truthfulness Consent. Please attest to the following confirming that all information you have provided to us is true and complete.

I verify that I am the Patient or Patient’s legal representative and that I have answered the questions asked in this intake form. I confirm that I have reviewed and understood all the questions asked of me. I attest that the answers and information I have provided in this questionnaire are true and complete to the best of my knowledge. I understand that it is critical to my health to share complete health information. I will not hold SheMed or the Virtual Care Partners responsible for any oversights or omissions, whether intentional or not, in the information that I provided.
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XIII. PAYMENT

When you submit Your Information for Health Care Services, you agree to pay all fees due. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorizeus, our affiliates, or our third-party payment processors to charge the amount due. If you receive a medical consultation, medical consult fees are not subject to or eligible for a refund. We cannot accept returns of prescription products for reuse or resale, and all sales are final. However, if you believe we have made an error in the filling of your prescription, please message us through your SheMed account.You understand and agree that you are responsible for all fees due o receive the Services, including any fees charged by the medical providers and affiliated professional entities and any applicable co-insurance or co-pay amounts. Amounts collected by SheMed will include fees charged by medicalproviders for Health Care Services. In the event that your credit card expiresor SheMed, our affiliates, or our third-party payment processors are unable toprocess your payment, you may receive notice for you to provide an alternativepayment method. SheMed and/or the medical provider(s) have no obligation toprovide any Services unless and until full payment has been received and/orverified. Please note that professional services delivered as part of theHealth Care Services are not likely to be covered by any government health carepayors, and, as such, you understand that no such claims will be submitted by SheMedor our affiliates for coverage of the professional services.


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XIII. CANCELLATION AND REFUND POLICY

We work hard to give you the best standard of services. But if there's something you're not happy with, you can contact us.
We may end our agreement with you (including cancelling your subscription or purchase without a refund) if:
we're unable to provide our Services for reasons outside our control;
you break these terms or the law relating to our Services;
you've put us in a position where we might break the law;
and you've been abusive, aggressive or offensive to anyone at SheMed

CancellingYour Participation in Our Program

‍You may cancel your participation in the Program any time before using our Services, that means before the blood test kit is shipped to you or before you attend the onboarding and verification call, whichever is earlier. In such a case, we will refund the first month’s fee of [INSERT FEE].Please contact us if you need to cancel. If you voluntarily join or attend the onboarding and verification call, you will be using our Services. Therefore, we cannot refund your payment for the first month’s service, but you will then cancel your ongoing participation in the Program and no further charges will be applied.Once the home blood collection kit is shipped, it cannot be returned and is non-refundable, except in the limited circumstances outlined below. This non-refundable amount reflects the cost of the SheMed Program and its accompanying Services.If you do not receive your Home Blood Collection Kit, please notify use within seven (7) days of your scheduled delivery. If you notify us within this window, we will send a replacement kit at no charge. If we do not hear from you within that time, the kit will be considered delivered, and no refund will be issued. After your first cycle, you are entitled to cancel your participation in the Program by giving at least twenty-one (21) full days or more notice to our support team contact details before the next payment is due. If notice is not provided within twenty-one (21) days or more, you will be charged for that payment cycle, and your participation and payment will be cancelled for the subsequent payment cycle. In the event those Services have already been delivered, or medication has been issued and or dispensed, you will be charged for that payment cycle.If your blood test results reveal that you are not eligible, your journey on the Program will end and we will refund you [INSERT FEE] paid towards the first month’s program including any prescription. Please note that to receive the refund the ineligibility must be due to a condition revealed after the blood test results and not due to an error in information provided in the onboarding, initial eligibility, or detailed eligibility questionnaires. We will not refund in any other scenario.


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XV. PRIVACY

SheMed understands the importance of confidentiality and privacy regarding Your Information. Please see our Privacy Policy for a description of how we may collect, use and disclose Your Information in connection with the Website.


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XVI. INTELLECTUAL PROPERTY

As between SheMed and you, SheMed is the sole and exclusive owner of all right, title and interest in and to the Website and its content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Website shall be owned solely and exclusively by SheMed or its licensors, including all intellectual property rights therein. You have permission to use the Website solely for your personal and non-commercial use on the condition that you comply with these Terms. No other right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by us or our affiliates.Certain names, logos, and other materials displayed in and through the Website may constitute trademarks, trade names, services marks or logos (“Trademarks”) of SheMed or its affiliates. You are not authorized to use any such Trademarks without the express written permission of SheMed or its affiliates. Ownership of all such Trademarks and the goodwill associated therewith remains with us or our affiliates.


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XVII. LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES

The Website may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control; therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.You may have arrived to the Website through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of SheMed. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms will apply to your use of or access to the Website.


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XVIII. DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND THE SERVICES ARE PROVIDED THROUGH THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. SheMed AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE SERVICES, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE WEBSITE OR THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER SheMed NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE WEBSITE. FURTHERMORE, SheMed DOES NOT GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND SheMed DISCLAIMS ANY LIABILITY RELATING THERETO.YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.


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XIX. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, NEITHER SheMed NOR ITS RELATED PERSONS OR LICENSORS WILL BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY SERVICES PROVIDED THROUGH THE WEBSITE. THIS IS TRUE EVEN IF SheMed OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO THIS SECTION, THE TOTAL LIABILITY OF SheMed AND ITS RELATED PERSONS FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

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XX. INDEMNIFICATION

You agree to indemnify, defend, and hold SheMed and any of its Related Persons, licensors, and suppliers harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to: (i) any breach by you of these Terms, (ii) your use of material or features available on the Website in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.


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XXI. MODIFICATIONS TO THEWEBSITE

SheMed reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Website, or any portion thereof, with or without notice. You agree that SheMed shall not be liable to you and to any third party for any modification, suspension, or discontinuance of the Website.


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XXII. SUSPENSION AND TERMINATION RIGHTS

The Terms will remain in full force and effect as long as you continue to access or use the Website. You may terminate the Terms at any time by discontinuing use of the Website. Your permission to use the Website automatically terminates if you violate these Terms.

We may terminate or suspend any of the rights granted by these Terms and your access to our Website with or without prior notice, at any time, and for any reason. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Class Action Waiver; and Miscellaneous.

Subject to applicable law, SheMed reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website pursuant to its internal record retention and/or content destruction policies. After any termination, SheMed will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or required to provide you with continuing care under our applicable legal, ethical and professional obligations to you.


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XXIII. GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND SheMed TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SheMed.Governing Law. The Website is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. These Terms will be governed by the laws of the State of Florida without regard to conflicts of law principles.Arbitration Agreement. You and SheMed agree that all claims and disputes relating in any way to your use of our Website, or arising out of or in connection with these Terms, shall be resolved by binding arbitration, to the fullest extent permitted by applicable law, on an individual basis, except for disputes which can be resolved in small claims court, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time you first agree to these Terms. You also agree that any arbitration will take place in Miami, Florida.Waiver of Jury Trial. IN THE EVENT ARBITRATION IS CONTRARY TO APPLICABLE LAW, YOU AND SheMed WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and SheMed are instead electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.No Class Arbitrations, Class Actions, or Representative Actions. YOU AND SheMed AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND SheMed AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY 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) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER SheMed USERS.Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and SheMed will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. The AAA Rules and filing forms are available at www.adr.org.  


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XXIV. MISCELLANEOUS

The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.


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XXV. COPYRIGHT INFRINGEMENT CLAIMS

SheMed reserves the right to remove any content or any other material or information available on or through our Website, at any time, for any reason. SheMed otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section ‎XXIV describes the procedure that should be followed to file a notification of alleged copyright infringement with SheMed.
Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Website, you may submit a notification to our Designated Agent at the following address: legal@shemed.com.
Any notification to SheMed under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
• An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• An identification of the content or material that you claim is infringing and where it is located on our Website;
• Information sufficient for SheMed to contact you, such as your address, telephone number, and/or email address;
• A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
• signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.


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XXVI. CONTACT INFORMATION

If you have anyquestions or concerns, please contact:

SheMed, LLC
Legal Department
990 Biscayne Boulevard, Suite 1501
Miami, Florida 33132

Email: Legal@shemed.com