Please read these terms (these “Terms and Conditions”, “Terms,” or “Agreement”) and our Privacy Policy carefully because they govern your use of Previvor Care, Inc. and its affiliates’ (collectively, “Previvor,” “we,” “us,” or “our”) services.  In this Agreement, the terms “you” and “yours” refer to the person using the Service. This includes your use and access of our website located at www.previvor.care (the “Site”), our healthcare delivery and care plan services, including the content thereof (“Content”) and any products (as further described below) accessible via the Site, and all other websites and online applications operated by Previvor or its affiliates that link to or incorporate these Terms. As used herein, the Site, services, products, and any websites and online applications and the Content thereof are collectively called the “Services.”

The Services are not appropriate for emergency care orurgent situations. Do not disregard or delay seeking medical advice based onanything that appears or does not appear on the Services.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

By using the Services or by clicking to accept or agree tothe Terms when this option is made available to you, you accept and agree to bebound and abide by these Terms, our Privacy Policy and Privacy Notices, and ourProgram Consent, all of which are incorporated herein by reference. If you donot accept and agree to be bound by this Agreement in its entirety, you arestrictly prohibited from visiting, accessing, registering with and/or using theService or any information or Content provided through the Service, except asnecessary to review this Agreement. The Service is continually underdevelopment, and we reserve the right to revise or remove any part of thisAgreement or the Service in our sole discretion at any time and without priornotice to you. If you disagree with this Agreement or any terms or conditionsherein, your sole remedy is to discontinue your use of the Service. Yourcontinued use after a change to this Agreement has been posted constitutes youracceptance of this Agreement as modified by such changes.

ARBITRATION NOTICE: UNLESS YOU TIMELY OPT-OUT OF ARBITRATIONIN ACCORDANCE WITH THESE TERMS AND CONDITIONS, YOU AGREE THAT DISPUTES BETWEENYOU AND US OR YOU AND THE MEDICAL GROUPS OR PROVIDERS ARISING OUT OF OR RELATEDTO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING,INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TOPARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SETFORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATIONBELOW.

Limited Use and Availability

Our Service is currently only available to individuals whoare located in states in which we offer the Service, are at least eighteen (18)years of age or older, or at least the age of majority in their jurisdiction ofresidence, if higher than eighteen (18), and who have accepted this Agreement.By visiting, accessing, registering with or using the Service, you are (a)representing and warranting to us that you are at least eighteen (18) years ofage or older or at least the age of majority in your jurisdiction of residence,if higher than eighteen (18); (b) representing and warranting to us that whenyou use the Service to consult with a Provider, you are located in the samestate as the shipping address you provide in your account at the time that youconduct such consultation; (d) agreeing to comply with all applicable laws invisiting, accessing, registering with our using the service; and (e) agreeingthat you will only use the Service for lawful purposes. Our Service is subjectto state regulations and may change from time to time due to changes inapplicable regulatory requirements.

In some cases, the Service may not be the most appropriateway for you to provide information to, communicate with or seek medicaltreatment from a healthcare provider. For example, certain medical conditionsmay require an in-person procedure or a healthcare provider other than yourProvider, or your Provider may determine that your diagnosis and/or treatmentrequires an in-person office visit or are otherwise not appropriately addressedthrough use of the Service. In such a case, you may receive notification thatyou will be unable to use the Service for the particular issue you submittedwith additional information regarding next steps.

Your Relationship with Us

Any individuals who use the Services, including products andservices sold or offered by Previvor or by third party medical providers,pharmacies, or other vendors via our Service, are referred to herein as“Users”. Our Service may provide access to prescription fulfillment servicesoffered by pharmacies (referred to herein as the “Pharmacies”). We may alsoprovide you with access to one or more medical groups who provide healthcareservices (referred to herein as the “Medical Groups”). These medical groupsemploy or contract with physicians, nurses, allied health professionals, andother health professionals who offer certain healthcare services (referred toherein as “Providers”). By accepting this Agreement, you acknowledge and agreethat any services you receive from the Pharmacies, Medical Groups or Providersare also subject to this Agreement, and that Pharmacies, Medical Groups andProviders are third party beneficiaries of this Agreement.

We do not control or interfere with the practice of medicineby the Medical Groups or any Providers, each of whom is solely responsible fordirecting the medical care and/or treatment they provide to you. By acceptingthis Agreement, you acknowledge and agree that Previvor is not a healthcareprovider and that by using the Service, you are not entering into adoctor-patient or other health care provider-patient relationship withPrevivor. By using the Service, you may, however, be entering into a doctor-patientor other health care provider-patient relationship with the Medical Groupand/or one or more Providers. Further, we do not control or interfere with anyprofessional service provided by the Pharmacies, each of which is solelyresponsible for their provision of professional services rendered via theService.

By accepting this Agreement, you acknowledge and agree thatthe Medical Group and/or Providers may send you messages, reports, and emailsvia the Service regarding your diagnosis and/or treatment. You understand andagree that Previvor is not responsible for the security or privacy ofcommunications services you use to receive the aforementioned messages,reports, and emails sent via the Service. You further understand and agree thatit is your sole responsibility to monitor and respond to these messages, reports,and emails and that neither Previvor nor the Medical Group nor any Providerwill be responsible in any way and you will not hold Previvor, the MedicalGroup or any Provider liable for any loss, injury, or claims of any kindresulting from your failure to read or respond to these messages or for yourfailure to comply with any treatment recommendations or instructions from theMedical Group or your Provider(s).

While you are not establishing a doctor-patient or otherhealth care provider-patient relationship with Previvor, by using the Service,you are establishing a direct customer relationship with Previvor to use theService. In connection with this relationship, you may provide to us, or causeto be provided to us on your behalf, personal information, including healthinformation, that is subject to use by us in accordance with our PrivacyPolicy.

Payment

Certain Services may require payment. All such payments arenon-refundable. When you make a payment for any of our Services (each, a“Transaction”), you expressly authorize us (or our third-party paymentprocessor) to charge you using the Payment Information (as defined below) forsuch Transaction. We may ask you to supply additional information relevant toyour Transaction, including your credit card number, the expiration date ofyour credit card and your email and postal addresses for billing and notification(such information, “Payment Information”). You represent and warrant that youhave the legal right to use all payment method(s) represented by any suchPayment Information. When you initiate a Transaction, you authorize us toprovide your Payment Information to third parties so we can complete yourTransaction and to charge your payment method for the type of Transaction youhave selected (plus any applicable taxes and other charges). You may need toprovide additional information to verify your identity before completing yourTransaction (such information is included within the definition of PaymentInformation). By initiating a Transaction, you agree to the pricing, payment,and billing policies applicable to such fees and charges, as posted or otherwisecommunicated to you. All payments for Transactions are non-refundable andnon-transferable except as expressly provided in these Terms. All fees andapplicable taxes, if any, are payable in United States dollars.

Insurance

In certain situations, your health plan may cover all or aportion of your use of the Services. Subject to the terms of any applicablewritten agreement with the health plan, you may authorize us to bill for theServices on your behalf and share necessary information with the health plan toprocess payments. You may be held responsible for any fees that your healthplan does not cover, such as copays, deductibles, and coinsurance. We may askyou to provide insurance information, and by providing insurance information,you represent that such information is accurate, complete and current.

Consent to Use of Telehealth Services

Telehealth involves the delivery of health care servicesusing electronic communications, information technology or other means betweena healthcare provider or mental health professional and a patient who are notin the same physical location. While the provision of health care servicesusing telehealth may offer certain potential benefits, there are also potentialrisks associated with the use of telehealth. The telehealth services are not asubstitute for in-person care in all cases. In order to use the Service, youwill be required to review and agree to Previvor’s consent, which covers theuse of telehealth Services.

Duty to Provide Information, Access, and Connectivity

You are responsible for providing and maintaining, at yourown risk, option and expense, appropriate software and hardware capabilities(consistent with any technical, quality or other requirements described in theService) to enable use of the Service, including but not limited to, a computeror mobile device with a video camera and Internet access. You are solelyresponsible for any fees, including Internet connection or mobile fees, thatyou incur when accessing the Service. You also have a duty to provide truthful,accurate and complete information in any forms or other communications yousubmit to or through the Service. We reserve the right to change the accessconfiguration, including any software, hardware or other requirements of theService at any time without prior notice.

Registration; User Accounts, Passwords, and Security

You may be obligated to register and set up an account inorder to access the Service. In such situations, the Service is available onlyto Users who have registered and have been granted accounts with usernames andpasswords. You agree to accurately maintain and update any information aboutyourself that you have provided to Previvor, a Medical Group or its Providers,the Labs or the Pharmacies. If you do not keep such information current, orfail to submit truthful, accurate and complete information, or we havereasonable grounds to suspect as much, we have the right to suspend orterminate your account and your use of the Service. You also agree toimmediately notify Previvor of any unauthorized use of your username, passwordor any other breach of security that you become aware of involving or relatingto the Service. In addition, you agree to keep confidential your username andpassword and to exit from your User account at the end of each session, and youmay not use anyone else’s account at any time. Previvor explicitly disclaimsliability for any and all losses and damages arising from your failure tocomply with this section.

You must exercise caution, good sense, and sound judgment inusing the Service. You are prohibited from violating, or attempting to violate,the security of the Service. Any such violations may result in criminal and/orcivil penalties against you. Previvor may investigate any alleged or suspectedviolations and if a criminal violation is suspected, Previvor may cooperatewith law enforcement agencies in their investigations.

Use and Ownership of the Service

As between you and Previvor, the Service and the informationand Content available through the Service are solely owned by Previvor. Subjectto this Agreement, Previvor grants you a limited, non-transferable, revocablelicense to access and use the Service for your personal use. Unless otherwisespecified by Previvor in a separate license, your right to use any of theService or the Content is subject to this Agreement and all rights in theService and Content are reserved by Previvor. You will not remove, alter orobscure any copyright, trademark, service mark or other proprietary rightsnotices incorporated in or accompanying the Service.

License to Information Submitted via the Service

Subject to any limitations on Protected Informationdescribed below, any information you transmit to Previvor via the Service,whether by direct entry, submission, email or otherwise, including data,questions, comments, forum communications, or suggestions (collectively,“Submissions”), will, to the extent permitted under applicable law, be treatedas non-confidential and non-proprietary. Subject to any applicable accountsettings that you select, you grant Previvor a fully paid, royalty-free,perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fullysublicensable right (including any moral rights) and license to use, license,distribute, reproduce, modify, adapt, publicly perform, and publicly display,Submissions (in whole or in part) for the purposes of operating and providingthe Service to you and to our other users. You agree that you, and notPrevivor, are responsible for all of the Submissions that you provide to theService. In addition to the foregoing, Previvor shall have the right, in itssole discretion, to edit, duplicate, or alter the Submission in any manner forany purpose that Previvor deems necessary or desirable, and you irrevocablywaive any and all so-called moral rights you may have in the Submission. Youfurther agree that you shall have no right of approval and no claim tocompensation in connection with the Submission.

If a Submission you make contains Protected Information,Previvor’s rights under this section with respect to the use or disclosure ofsuch Protected Information will be limited as and to the extent required underapplicable law.

Prohibited Use

You are prohibited from using or attempting to use theService: (i) for any unlawful, unauthorized, fraudulent or malicious purpose;(ii) in any manner that could damage, disable, overburden, or impair anyserver, or the network(s) connected to any server; (iii) in any manner thatcould interfere with any other party’s use and enjoyment of the Service; (iv)to gain unauthorized access to any other accounts, computer systems, ornetworks connected to any server or systems through hacking, password mining orany other means; (v) to access systems, data, or information not intended byPrevivor to be made accessible to a user; (vi) to obtain any materials, orinformation through any means not intentionally made available by Previvor;(vii) to reverse engineer, disassemble or decompile any section or technologyon the Service; or (viii) for any use other than the business purpose for whichit was intended.

In addition, in connection with your use of the Service, youagree you will not: (a) upload or transmit any message, information, data,text, software or images, or other content that is unlawful, harmful,threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,libelous, or inappropriate with respect to race, gender, sexuality, ethnicity,or other intrinsic characteristic, or that may invade another’s right ofprivacy or publicity; (b) create a false identity or duplicative accounts for thepurpose of misleading others or impersonate any person or entity, including,without limitation, any Previvor representative, or falsely state or otherwisemisrepresent your affiliation with a person or entity; (c) upload or transmitany material that you do not have a right to reproduce, display or transmitunder any law or under contractual or fiduciary relationships (such asnondisclosure agreements); (d) upload files that contain viruses, trojanhorses, worms, time bombs, cancel-bots, corrupted files, spyware or any othersimilar software or programs that may damage the operation of another’scomputer or property of another; (e) delete any author attributions, legalnotices or proprietary designations or labels that you upload to anycommunication feature; (f) use the Service’s communication features in a mannerthat adversely affects the availability of its resources to other users (e.g.,excessive shouting, use of all caps, or flooding continuous posting ofrepetitive text); (g) upload or transmit any unsolicited advertising,promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,”“phishing” or any other form of solicitation, commercial or otherwise; (h)violate any applicable local, state, national or international law; (i) uploador transmit any material that infringes any patent, trademark, service mark,trade secret, copyright or other proprietary rights of any party; (j) delete orrevise any material posted by any other person or entity; (k) manipulate orotherwise display the Service by using framing, mirroring or similarnavigational technology; (l) probe, scan, test the vulnerability of or breachthe authentication measures of, the Service or any related networks or systems;(m) register, subscribe, attempt to register, attempt to subscribe,unsubscribe, or attempt to unsubscribe, any party for any services or anycontests, promotions or sweepstakes if you are not expressly authorized by suchparty to do so; (n) harvest or otherwise collect information about others,including email addresses; (o) use any robot, spider, scraper, or otherautomated or manual means to access the Service, or copy, download, distributeor reproduce any content or information on the Service; or (p) assist or permitany person in engaging in any of these activities.

Previvor reserves the right to take whatever lawful actionsit may deem appropriate in response to actual or suspected violations of theforegoing, including, without limitation, the suspension or termination of aUser's access and/or account. Previvor may cooperate with legal authoritiesand/or third parties in the investigation of any suspected or alleged crime orcivil wrong.

Except as may be provided in the Privacy Policy orprohibited by applicable law, Previvor reserves the right, at all times, todisclose any information as Previvor deems necessary to satisfy any applicablelaw, regulation, legal process or governmental request, or to edit, refuse topost or to remove any information or materials, in whole or in part, inPrevivor’s sole discretion.

Right to Monitor

Previvor reserves the right to monitor general use of theService at any time as it deems appropriate and to remove any materials that,in Previvor’s sole discretion, may be illegal, may subject Previvor toliability, may violate this Agreement, or are, in the sole discretion ofPrevivor, inconsistent with Previvor’s purpose for the Service.

Third-Party Goods and Services

Parties other than Previvor, including Labs, Pharmacies,Medical Groups and Providers, provide services or sell products through theService (collectively, “Third Parties”), and Previvor may also make availableto you for purchase certain services, devices, items or products manufactured,distributed or sold by Third Parties (“Third-Party Goods and Services”). Youruse of any Third-Party Goods and Services and any interactions with ThirdParties, including payment and delivery of goods or services, and any otherterms, conditions, warranties or representations associated with such use orinteractions, are solely between you and such Third Parties. You should makewhatever investigation you feel necessary or appropriate before proceeding withany online or offline transaction involving Third Parties or any Third-PartyGoods and Services. You are solely responsible for, and shall exercise caution,discretion, common sense and judgment in, using the Service and disclosing personalinformation.

You agree that Previvor shall not be responsible or liablefor any loss or damage of any sort incurred as the result of your use of theService, including any Third-Party Goods and Services or your interactions withany Third Parties. In the event of any dispute between you and any Third Party,any other User or any other entity or individual, you understand and agree thatPrevivor is under no obligation to become involved in such dispute, and youhereby release and indemnify Previvor, and its respective corporate parents,subsidiaries, and affiliates, and all of their respective contractors,directors, officers, employees, representatives, proprietors, partners,shareholders, servants, principals, agents, predecessors, successors, assigns,accountants, and attorneys (collectively, “Previvor Parties”) from any and allclaims, demands and/or damages (actual or consequential) of every kind ornature, known or unknown, suspected and unsuspected, disclosed or undisclosed,arising out of or in any way related to such disputes or the Service or thefeatures and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVECALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOTEXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECTTO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IFKNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITHTHE DEBTOR OR RELEASED PARTY.”

Termination

Previvor may terminate your use of the Service or any of ourfeatures or services at any time and for any reason without notice, including,for example, for conduct violating this Agreement, if any or all of theagreements between Previvor and the Medical Groups, Labs, or Pharmaciesterminate or if we discontinue the Service. The provisions of this Agreementconcerning Service security, prohibited activities, copyrights, trademarks,user submissions, disclaimers, limitation of liability, arbitration and resolutionof Disputes, indemnity and jurisdictional issues shall survive any suchtermination or any other termination of this Agreement or your relationshipwith Previvor. You agree that if your use of the Service is terminated pursuantto this Agreement, you will not attempt to use the Service under any name, realor assumed, and further agree that if you violate this restriction after beingterminated, you will indemnify and hold all Previvor Parties harmless from anyand all liability that any such Previvor Parties may incur with respectthereto.

Except as otherwise provided in the Privacy Policy or asrequired by applicable law (including any obligation to provide access tohealth records), we have no obligation, whether before or after the terminationof your use of the Service, to return or otherwise provide to you or any thirdparty on your behalf any Content, any information you provide to us, anyinformation your Providers provided to us about or relating to you, or anyother information that we may have that relates to you.

Disclaimers

Content and other information contained on the Service isprovided by Previvor as a convenience. Users relying on Content or otherinformation from the Service do so at their own risk.

THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE”BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OFTHE USER. PREVIVOR AND EACH THIRD PARTY OFFERING PRODUCTS OR SERVICES THROUGHTHE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, THE LABS, AND THEPHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIESAND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FORPARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANYINFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDEDON OR THROUGH THE SERVICE. PREVIVOR DOES NOT WARRANT OR GUARANTEE THE ACCURACY,COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. PREVIVORDOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS,INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, ORANY ADVERSE INCIDENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NOEVENT SHALL PREVIVOR BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANYINCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL ORBODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOSTPROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE,INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANYSERVICES PERFORMED OR PRODUCTS OFFERED BY THIRD PARTIES, WHETHER BASED ONWARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ANDWHETHER OR NOT PREVIVOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PREVIVORSHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THESERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENTGIVING RISE TO SUCH ACTION OCCURRED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAINWARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIEDWARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY ANDTHE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold Previvor Partiesand any Third Parties offering products or services through the Service,including the Medical Groups, Providers, Labs and Pharmacies, harmless from andagainst any and all suits, actions, claims, proceedings, damages, settlements,judgments, injuries, liabilities, obligations, losses, risks, costs, andexpenses (including, without limitation, attorneys’ fees and litigationexpenses) relating to or arising from your use of the Service, your fraud, violationof law, or willful misconduct, any breach by you of this Agreement or yourviolation of any rights of any other person or entity. We reserve the right tocontrol the defense of any claim by a third party for which we are entitled toindemnification, and you agree to provide us with such cooperation as isreasonably requested by us.

‍Notices

Any notices to you from Previvor regarding the Service orthis Agreement may be made by email, a posted notice on the Service, or regularmail, in the sole discretion of Previvor.

‍Electronic Communications

When you access or use the Service or send emails or SMSmessages to us, any Medical Group or its Providers, you are communicating withus, the Medical Group and its Providers electronically. You consent to receivecommunications from us, the Medical Group and its Providers electronically. Wewill communicate with you via email, SMS messaging or through the Service. Youagree that all agreements, notices, disclosures and other communications thatwe provide to you electronically satisfy any legal requirement that suchcommunications be in writing. You further agree that any notices provided by uselectronically are deemed to be given and received on the date we transmit anysuch electronic communication as described in this Agreement.

By providing your mobile number to us, you agree to becontacted by or on behalf of Previvor at the mobile number you have provided,including via phone call or text message, to receive transactionalcommunications relating to the Service (such as to update on status or timingof appointments, and to confirm orders and use of the Service), and yourecognize and acknowledge that text messaging is an inherently less secure of amethod of communication and agree to receive text messages regardless of the levelof security associated with them. Message and data rates may apply. For helpregarding the communications, we exchange with you using your phone number,contact us directly.

Consent to receive marketing text messages, which aresubject to separate consent terms, are not a condition of purchasing any ofPrevivor’s Services, and you are free to opt-out at any time of marketing textmessages.

Copyright

It is Previvor’s policy to terminate use of the Service byany User who repeatedly infringes copyright upon prompt notification toPrevivor by the copyright owner or the copyright owner’s legal agent. Withoutlimiting the foregoing, if you believe that your work has been copied andposted on the Service in a way that constitutes copyright infringement, pleaseprovide our Copyright Agent with the following information:
(1) an electronic or physical signature of the person authorized to act onbehalf of the owner of the copyright interest; (2) a description of thecopyrighted work that you claim has been infringed;
(3) a description of the location on the Service of the material that you claimis infringing;
(4) your address, telephone number and e-mail address;
(5) a written statement by you that you have a good faith belief that thedisputed use is not authorized by the copyright owner, its agent or the law;and
(6) a statement by you, made under penalty of perjury, that the aboveinformation in your notice is accurate and that you are the copyright owner orauthorized to act on the copyright owner’s behalf.

Provide any DMCA Notices to contact@previvor.care or request amailing address to provide such notice via mail. If you fail to comply with allof the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may notbe effective. Please be aware that if you knowingly materially misrepresentthat material or activity on the Services is infringing your copyright, you maybe held liable for damages (including costs and attorneys' fees) under Section512(f) of the DMCA.

Entire Agreement

This Agreement and any other agreements Previvor may post onthe Service or that you and Previvor may execute from to time constitute theentire agreement between Previvor and you in connection with your use of theService and supersede any prior agreements between Previvor and you regardinguse of the Service, including prior versions of this Agreement.

Binding Arbitration / Class Waiver

YOU AND WE EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OROTHER CONTROVERSY BETWEEN YOU AND US OR ANY OF THE PREVIVOR PARTIES, ANYMEDICAL GROUPS, PROVIDERS, LABS, OR PHARMACIES ARISING OUT OF OR OTHERWISERELATING IN ANY WAY TO THE PREVIVOR PARTIES, THE CONTENT OR THE SERVICE, OR ANYOTHER GOODS, SERVICES OR ADVERTISING BY PREVIVOR OR ANY OF THE PREVIVORPARTIES, LABS, PHARMACIES, MEDICAL GROUPS, OR PROVIDERS, INCLUDINGCONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANYPROVISION OF THIS AGREEMENT (COLLECTIVELY, “DISPUTES”), THAT IS NOT RESOLVED BYAN INFORMAL DISPUTE RESOLUTION CONFERENCE (AS DEFINED AND DESCRIBED BELOW),SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONECOMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHERTHAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THEAAA’S CONSUMER ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE,THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY,“RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLYFORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUITIN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN. FOR PURPOSES OFTHIS ARBITRATION AGREEMENT, “DISPUTE” WILL ALSO INCLUDE DISPUTES THAT AROSE ORINVOLVE FACTS OCCURRING BEFORE THE EXISTENCE OF THIS OR ANY PRIOR VERSIONS OFTHE TERMS AND CONDITIONS AS WELL AS CLAIMS THAT MAY ARISE AFTER THE TERMINATIONOF THESE TERMS AND CONDITIONS.

In the event a Dispute arises between us, we are committedto working with you to reach a reasonable resolution. You and we agree thatgood faith informal efforts to resolve Disputes can result in a prompt, low‐costand mutually beneficial outcome. You and we therefore agree that before eitherparty commences arbitration against the other (or initiates an action in smallclaims court if a party so elects), we will personally meet and confertelephonically or via videoconference, in a good faith effort to resolveinformally any Dispute covered by this Arbitration Agreement (“Informal DisputeResolution Conference”). If you are represented by counsel, your counsel mayparticipate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the otherparty in writing of its intent to initiate an Informal Dispute ResolutionConference (“Notice”), which shall occur within forty-five (45) days after theother party receives such Notice, unless an extension is mutually agreed uponby the parties. Notice to us that you intend to initiate an Informal DisputeResolution Conference should be sent by email to contact@previvor.care (or request amailing address if you prefer to provide this by mail). The Notice mustinclude: (1) your name, telephone number, mailing address, e‐mailaddress associated with your account (if you have one); (2) the name, telephonenumber, mailing address and e‐mail address of your counsel, ifany; and (3) a description of your Dispute. We will provide notice to youraddress on file. The Informal Dispute Resolution Conference shall beindividualized such that a separate conference must be held each time eitherparty initiates a Dispute, even if the same law firm or group of law firmsrepresents multiple users in similar cases, unless all parties agree; multipleindividuals initiating a Dispute cannot participate in the same InformalDispute Resolution Conference unless all parties agree.

If you and we are unable to resolve a Dispute within thirty(30) days after the applicable Informal Dispute Resolution Conference, eitherparty may commence arbitration. Arbitration is more informal than a lawsuit incourt. Arbitration uses a neutral arbitrator instead of a judge or jury, andcourt review of an arbitration award is very limited. However, an arbitratorcan award the same damages and relief on an individual basis that a court canaward to an individual.

Payment of arbitration costs will be governed by the AAA’sfee schedule. Each party agrees to pay its own attorneys’ fees and expensesunless there is a governing statutory provision that requires the prevailingparty to be paid attorneys’ fees and expenses.

The arbitration shall be conducted in New York County,except that, in the event such location is not within one hundred (100) milesof your residence, the arbitration may be conducted within one hundred (100)miles of your residence, unless the parties agree otherwise in writing. Thearbitrator’s award shall be final and binding on all parties and may be enteredas a judgment in any court of competent jurisdiction. These Terms andConditions evidence a transaction involving interstate commerce; and notwithstandingany other provision herein with respect to the applicable substantive law, theFederal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretationand enforcement of this Arbitration Agreement and any arbitration proceedings.

For more information on AAA, its Rules and Procedures, andhow to file an arbitration claim, you may call AAA at 800-778-7879 or visit theAAA website at https://www.adr.org.

Notwithstanding anything to the contrary herein, to theextent the Dispute arises from: (a) a violation of either party’s intellectualproperty rights in any manner; and/or (b) any claim related to, or arisingfrom, allegations of theft, piracy, unauthorized use or a violation of theComputer Fraud and Abuse Act; then you and the applicable Previvor Party agreethat a party may seek injunctive remedies (or an equivalent type of urgentlegal relief) in a state or federal court in New York, and both parties agreeto submit to the personal jurisdiction of such courts in connection with suchproceedings. In addition to the foregoing, either you or we may assert anindividual action in small claims court for Disputes that are within the scopeof such court’s jurisdiction in lieu of arbitration as long as such actionremains in such court and advances only on an individual (non-class,non-representative) basis.

YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORYRIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You andwe are instead electing that all Disputes shall be resolved by arbitrationunder this Arbitration Agreement, except as specified otherwise herein. Thereis no judge or jury in arbitration, and court review of an arbitration award issubject to very limited review.

YOU AND WE AGREE THAT, EXCEPT AS SPECIFIED HEREIN, ALLDISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON ANINDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NOPARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT ASA PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF ORCLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONECUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHERCUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHERARBITRATION EXCEPT AS SPECIFIED HEREIN. THE ARBITRATOR MAY AWARD RELIEF(INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THEINDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDERELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a court decides bymeans of a final decision, not subject to any further appeal or recourse, thatapplicable law precludes enforcement of any of this paragraph’s limitations asto a particular claim or request for relief, then such claim or request forrelief (and only that claim or request for relief) shall be severed from thearbitration and may be brought exclusively in the state or federal courtslocated in New York County, subject to the parties’ respective rights to appealthe decision. All other claims or requests for relief shall be arbitrated. Theparties agree that any claims or requests for relief that are severed from anarbitration may not proceed in litigation and shall be stayed until all claimsbetween the parties remaining in arbitration are finally resolved. The partiesagree to submit to the personal jurisdiction of the federal and state courtslocated in New York County for purposes of resolving any claims or requests forrelief severed from arbitration pursuant to this paragraph. This subsectiondoes not prevent you or us from participating in a class-wide settlement ofclaims.

To increase the efficiency of administration and resolutionof arbitrations, you and we agree that in the event that there are one hundred(100) or more individual arbitrations of a substantially similar nature filedagainst us by or with the assistance of the same law firm, group of law firms,or organizations, within a thirty (30) day period (or as soon as possiblethereafter), the AAA shall (1) administer the arbitration demands in batches ofone hundred (100) arbitrations per batch (plus, to the extent there are lessthan one hundred (100) arbitrations left over after the batching describedabove, a final batch consisting of the remaining arbitrations); (2) appoint onearbitrator for each batch; and (3) provide for the resolution of each batch asa single consolidated arbitration with one set of filing and administrativefees due per side per batch, one procedural calendar, one hearing (if any) in aplace to be determined by the arbitrator, and one final award (“BatchArbitration”).

All parties agree that arbitrations are of a “substantiallysimilar nature” if they arise out of or relate to the same event, act,omission, practice or factual scenario and raise the same or similar legalissues and seek the same or similar relief. To the extent the parties disagreeon the application of the Batch Arbitration process, the disagreeing partyshall advise the AAA, and the AAA shall appoint a sole standing arbitrator todetermine the applicability of the Batch Arbitration process (“AdministrativeArbitrator”). In an effort to expedite resolution of any such dispute by theAdministrative Arbitrator, the parties agree the Administrative Arbitrator mayset forth such procedures as are necessary to resolve any disputes promptly.The Administrative Arbitrator’s fees shall be paid by us.

You and we agree to cooperate in good faith with the AAA toimplement the Batch Arbitration process including the payment of single filingand administrative fees for batches of arbitrations, as well as any steps tominimize the time and costs of arbitration, which may include: (1) theappointment of a discovery special master to assist the arbitrator in theresolution of discovery disputes; and (2) the adoption of an expedited calendarof the arbitration proceedings. This Batch Arbitration provision shall in noway be interpreted as authorizing a class, collective and/or mass arbitrationor action of any kind, or arbitration involving joint or consolidated claimsunder any circumstances, except as expressly set forth in this provision.

You can opt out of the provisions of this Arbitrationagreement that require the arbitration of Disputes within thirty (30) days ofthe date that you first agree to any version of this Agreement that requiresarbitration of disputes with Previvor or any of the Previvor Parties, MedicalGroups, Labs, or Pharmacies. To opt out, you must send your name, residenceaddress, and email address together with a clear statement that you want to optout of the requirement to arbitrate disputes with the applicable party to: contact@previvor.care (or request amailing address if you prefer to provide this by mail). Opting out of thisArbitration Agreement has no effect on any other arbitration agreements thatyou may currently have, or may enter in the future, with us or any otherPrevivor Parties.

‍Before you commence arbitration of a Dispute, you mustprovide us with a written Notice of Dispute that includes your name, residenceaddress, username (if applicable) and email address associated with your Useraccount (if applicable), a detailed description of the Dispute, and the reliefyou seek. Before we commence arbitration of a Dispute against you, we willprovide a written Notice of Dispute to you with a detailed description of theDispute and the relief we seek. Any Notice of Dispute you send to us should be sentto  contact@previvor.care(or request a mailing address if you prefer to provide this by mail).Notwithstanding anything to the contrary in this Agreement, if we make anyfuture material modification to any provisions of this Agreement that governthe arbitration or resolution of Disputes, such changes will not apply to anyDispute between you and us for which either party had previously provided awritten Notice of Dispute to the other in accordance with this paragraph.Further, if we make any future material changes to the provisions of thisAgreement that govern the arbitration or resolution of Disputes, you may rejectsuch changes by sending a written notice of your rejection decision to us at  contact@previvor.care(or request a mailing address if you prefer to provide this by mail) within 30days of the effective date of such modifications. Changes to this ArbitrationAgreement do not provide you with a new opportunity to opt out of theArbitration Agreement if you have previously agreed to a version of these Termsand Conditions and did not validly opt out of arbitration. If you reject anychange or update to this Arbitration Agreement, and you were bound by anexisting agreement to arbitrate Disputes, the provisions of this ArbitrationAgreement as of the date you first accepted the Terms and Conditions (oraccepted any subsequent changes to these Terms and Conditions) remain in fullforce and effect. We will continue to honor any valid opt outs of theArbitration Agreement that you made to a prior version of these Terms andConditions.

Except as provided above, if any part or parts of thisArbitration Agreement are found under the law to be invalid or unenforceable,then such specific part or parts shall be of no force and effect and shall besevered and the remainder of the Arbitration Agreement shall continue in fullforce and effect.

Governing Law; Venue; Severability of Provisions

Those who choose to access the Service are responsible forcompliance with local laws, if and to the extent applicable. Access to theService from jurisdictions where the contents of the Service are illegal orpenalized is prohibited.

The validity, interpretation, construction and performanceof this Agreement will be governed by the laws of the State of New York,without regard to any conflicts of law provisions.

All parts of this Agreement apply to the maximum extentpermitted by law. Our failure to enforce any provision of this Agreement willnot constitute a waiver of such right. We both agree that if we cannot enforcea part of this Agreement as written, then that part will be replaced with termsthat most closely match the intent of the unenforceable part to the extentpermitted by law. Except as otherwise provided in this Agreement, theinvalidity of part of this Agreement will not affect the validity and enforceabilityof the remaining provisions. The section headings are for convenience and donot have any force or effect.

No Agency Relationship

Neither this Agreement, nor any Content, materials orfeatures of the Service create any partnership, joint venture, employment, orother agency relationship between you and Previvor, the Medical Groups, theProviders, the Labs or the Pharmacies. You may not enter into any contract onour behalf or bind us in any way.

Assignment

You may not assign any of your rights under this Agreement,and any such attempt will be null and void. Previvor may, in its solediscretion, assign or transfer, without further consent or notification, thisAgreement or any or all of the contractual rights and obligations pursuant tothis Agreement, in whole or in part, to any affiliate of Previvor or to a thirdparty in the event that some or all of the business of Previvor is transferredto such other third party by way of merger, sale of its assets or otherwise.

Third Party Beneficiaries

Any use of third-party software provided in connection withthe Service, or any Third-Party Goods and Services accessed or used inconnection with the Service, will be governed by the applicable third-party’slicense or terms of use, if any, and if there is no such license or terms ofuse, by this Agreement. In addition to this Agreement, your use of the Servicemust comply with all applicable third party terms of agreement, if any.

Except for the foregoing or as otherwise specifically setforth in this Agreement, including with respect to the indemnificationobligations contained herein in favor of Previvor, the Medical Groups, thePharmacies, the Labs, and the Providers and the agreement to arbitration, wehereby expressly agree that there is no intent by either party to create orestablish third party beneficiary status rights or their equivalent in anyother referenced individual, subcontractor or third party, and, except as specificallyset forth in this Agreement, that no third party shall have any right toenforce any right or enjoy any benefit that is created or established underthis Agreement.

Changes to the Terms of Use

We may revise and update this Agreement fromtime to time in our sole discretion. All changes are effective immediately whenwe post them, and apply to all access to and use of the Services thereafter.