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Care Better Terms of Use

Welcome to Care Better, (the “Portal”). The Portal includes all services, websites and mobile apps that are provided by Medflo, Inc. (collectively the “Medflo”, ”Care Better”, “we”, “us”, “our”). Medflo may release versions of Care Better Portal intended for use on web-enabled personal computers, laptops, tablets, and mobile devices through the Google Play Store, Apple's App Store, mobile-enabled website for a device browser, and other sources. The versions may differ but they all remain subject to these Terms. These Care Better Terms of Use (these “Terms”) form a binding legal agreement between Medflo Inc. and you, the end user of the Services. (See below under the heading, Who May Use the Services, for more information.) PLEASE READ THESE TERMS CAREFULLY. BY USING THE SERVICES, YOU CONFIRM THAT YOU UNDERSTAND AND AGREE WITH YOUR LEGAL OBLIGATIONS, RIGHTS, AND CONDITIONS DESCRIBED IN THESE TERMS. ONLY IF YOU AGREE TO THESE TERMS MAY YOU USE THE SERVICES. IF YOU DO NOT AGREE, THEN DO NOT DOWNLOAD, INSTALL, OR USE THE SERVICES, AND YOU MUST ALSO REMOVE ANY MOBILE APP VERSIONS OR CACHED COPIES OF THE PORTAL FROM ALL OF YOUR DEVICE(S).




1. The Services Care Better offers, provide pricing information for certain medical procedures that is free to access through its Portal (collectively the “Services”) to individuals, in relation to certain medical procedures from various physician practices, ambulatory surgery centers, hospitals and other providers (“Providers”). Medflo and Care better are not an insurer and the pricing information is not insurance. Care Better pricing information can be used instead of, but not in conjunction with insurance. Care Better pricing information is not intended as a substitute for health insurance. The range of the pricing will vary depending on the medical procedure and the participating Providers. Final payment terms and final pricing should be mutually agreed to by you and the Providers prior to medical procedures. Medflo and Care Better are not responsible for any transfer or payment arrangement between you and Providers. Medflo and Care Better do not make payments to any Providers. Please note that cash payments that you make for medical procedure using Medflo and Care Better Services may not count toward your medical coverage out of pocket costs, but you can confirm that by contacting your coverage provider or insurer. If you are a Medicare Part D beneficiary, then cash payments made using Care Better Services will not count toward your Medicare Part D cost-sharing obligation. Care Better pricing information provided may be based on quotes received from specific participating Providers or multiple Providers, including published price lists, purchases, claims records, and data provided by Providers. There is no guarantee Medflo and Care Better will be able to attain pricing information or a quote from a particular Provider selected by Member. Care Better pricing information is not a guarantee and may change at any time. The pricing information provided by Care Better, is an estimate based on information provided by you and information received from Providers; while we believe our data to be generally accurate, we cannot guarantee that the price we provide will exactly match the price you will pay for the medical procedure. For an exact price, please contact the specific Providers. Care Better pricing information may change at any time. Care Better does not endorse any specific Provider. If a Provider provides an estimate, Provider will ultimately be responsible for determining the price based on Provider's own discretion and professional judgment. This is not a good faith estimate. Providers reserve the right to deny care.




2. Information to be Used and Disclosed; Authorization. You authorize Care Better, owned by Medflo, to disclose your personal and medical information provided by you (including but not limited to including: name, date of birth, address, telephone number(s), e-mail address, medical information, medical procedure, information related to medical procedure, and provider name and other contact information), to various Providers as necessary to obtain pricing information for certain medical procedures. You understand that: (1) You have the right to revoke this authorization except to the extent that Medflo and Care Better have relied upon it; (2) this authorization will remain in effect for two years; and (3) if you do not agree with this authorization, Medflo and Care Better will not be able to provide you pricing information for certain medical procedures. If information you provide discloses information regarding any sensitive medical conditions you may have, including but not limited to those related to mental health, substance use, HIV or other communicable diseases, developmental disabilities, and/or genetic conditions, you authorize that information to be used and disclosed pursuant to this authorization. You understand you may elect to have the Provider contact you directly via email or SMS messages. If you choose to receive email or SMS messages from Providers, you represent that you will provide all required authorizations and permissions to receive the message to the Provider, including but not limited to emails and/or SMS messages which contain certain health-related information. You understand the email or SMS messages you send to Providers will be transmitted via a third party provider, and the messages will not be encrypted and may be read by third parties. Medflo and Care Better are not responsible for revoking or terminating such authorization, Member will need to communicate with Provider directly to do so. The purpose of this authorization is to permit Medflo and Care Better to use and disclose your information for the purposes of creating, maintaining, populating, providing services and communications related to obtaining pricing information for certain medical procedures, either directly or through third parties. You understand that Medflo and Care Better may receive direct or indirect compensation in relation to such use and disclosure. You understand that either may contact you using the contact information provided for these purposes. You understand that this Authorization is voluntary. You may revoke this authorization by sending a request to support@medflo.io, except to the extent that action has been taken in reliance upon your authorization. You understand that information used or disclosed as a result of this authorization may be subject to re-disclosure by affiliates and may no longer be protected by applicable privacy laws. You understand that if you agree to this authorization by checking the related box, which you are not required to do, you can obtain a copy at any time by sending a request to support@medflo.io.




3. License; Authorized Users Subject to your compliance with these Terms, your registration of an account, and maintaining your ongoing status as a Permitted End User (defined below), Medflo and Care Better grant you a personal, nonexclusive, non-transferable, revocable right to access and use the ordinary features and functionalities of the Services for the purposes for which they are provided and designed. Use for any other purposes is strictly prohibited. You may use the Services outside the United States, but Medflo and Care Better will not be responsible in any way if your account, private information, or Services access are hacked, intercepted or otherwise compromised if you choose to do so. You may download, install and run the Portal on any web-enabled or web-connected device, whether by using a mobile app version or by visiting the Portal's web address in a browser. If you use a mobile app version, you agree to promptly install all Portal software updates that Medflo may issue, and we will have no responsibility for your failure to update your app. Your access to personalized features of the Services will be through a unified user account regardless of how you access the Portal; however, the Portal's appearance or functionality may vary from platform to platform and Medflo will have no responsibility for functionality variances between platforms. Medflo may change the functionality of the Portal in any way and at any time, including adding and removing features, changing the look and feel, changing the underlying platform, or making any other modifications (including ceasing to provide the Services altogether, see below). You acknowledge that all features of the Services may not work well or at all on any particular device or computer.




4. Who May Use the Services You are a “Permitted End User” of the Services only if you are at least 18 years of age and one of the following describes your relationship with Medflo and Care Better: you are (1) an individual who has registered with Care Better as an authorized user and submitting certain personal information (“Member”) for which Medflo has generally enabled Services; or (2) a person granted access by a Member to the Services. There may be additional procedures to determine or confirm your eligibility for Services and account. Care Better and Medflo do not guarantee access to the Services to every Permitted End User described above and reserves the right to deny access for any or no reason permitted by law. Depending on your designated role with respect to a Member, some or all functionality or information may be restricted. If you are not a Permitted End User, or if you are no longer a Permitted End User, then you do not have a license to use the Services and you must remove and delete any and all copies of the Portal (including mobile app and cached copies) from all of your devices. Your access and use of the Services without a valid license at the time of access may constitute a violation of state and federal laws that prohibit accessing private computer networks (such as the networks and infrastructure that host the Services) without authorization. If you violate these laws, you may be subject to civil penalties as well as criminal prosecution, fines and jail under the federal Computer Fraud and Abuse Act (18 U.S.C. § 1030) and other applicable laws. Account Registration A registered account is needed to use the Services. If you are unable to create an account, please contact our offices during regular business hours for assistance support@medflo.io. By submitting your information and creating an account with us, you agree that Medflo, Care Better and our service providers may use any and all of the information you submit to us for any of the following purposes: to provide the Services and its functionality to you and to the Permitted End Users, for all administration and related purposes, for public health purposes, and for any other purposes permitted or required by law. Medflo and Care Better may seek to verify your identity and authorization before providing you access to the Services. You acknowledge that while Medflo and Care Better attempt to use reasonable measures to verify your identity, identity fraud and other unauthorized uses always remain possible. Please contact Care Better immediately if you suspect that your identity is being used improperly. For your protection, Medflo always reserves the right to suspend access if any unauthorized activity or use is suspected or detected, and any such suspension is without liability to you or anyone else. Registration is reserved to individuals who are at least 18 years of age. You are solely responsible for safeguarding your registration details, user name, password and other information (“Account Information”). In addition, you: • Are responsible for choosing a password with sufficient complexity that it is not easily guessed, hacked or cracked. • Must safeguard and protect your Account Information. • May not permit any third party to use your Account Information. • Must protect your account by logging out of your session each time you finish using the Services, including and especially after all use at public computers or computers shared with other individuals. • Shall be responsible for all activity that occurs under your account, even if conducted by another individual. • Must promptly notify us if you learn or believe that your Account Information was accessed or used without authorization. • Agree that we may require you at any time to use multi-factor authentication to confirm your identity when logging into the Services. Multi-factor authentication may require you to have access to a mobile device, a second computing device, the telephone number we have on record for you, and/or an email address to which you have access whenever you attempt to log into your Services account. • Agree to maintain accurate, complete and updated registration and profile information for your account, including name, address, email, and phone. MEDFLO AND CARE BETTER SHALL NOT BE LIABLE TO YOU OR ANYONE FOR HARM; LOSS; THEFT (INCLUDING IDENTITY THEFT); REPUTATIONAL DAMAGE OR EMBARRASSMENT; UNAUTHORIZED USE, MODIFICATION OR DELETION OF YOUR INFORMATION OR DATA; DISCLOSURE OF YOUR HEALTH, MEDICAL OR OTHER INFORMATION; OR ANY OTHER ADVERSE CONSEQUENCES YOU MAY SUFFER AS A RESULT OF YOUR FAILURE TO PROPERLY SELECT AND SECURE YOUR LOGIN INFORMATION (INCLUDING PASSWORD) OR TO LOG OUT OF YOUR ACCOUNT ON PUBLIC OR SHARED DEVICES. Restrictions You may not do any of the following: (1) distribute or make the Services available in a service bureau environment where it could be used by multiple devices at the same time other than your own devices or devices under your control at the time of access; (2) attempt to rent, lease, lend, sell, redistribute, sublicense, act as a service bureau, or grant rights in the Services, all of which are prohibited and shall be null and void; (3) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof; (4) intercept, examine or otherwise observe any proprietary communications protocol used by the Services, whether through the use of a network analyzer, packet sniffer or other device; (5) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Services or any website, Service organized or provided by Medflo and Care Better or existing on any of our network hardware or infrastructure; (6) use the Services to institute, assist, or become involved in any type of attack, including denial of service or other cyberattacks, upon any party; (7) commit trespass or act in a manner that intentionally burdens network capacity; (8) use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party; (9) engage in “scraping” or otherwise copying to another location all or part of proprietary information and data provided through the Services, other than your own personal, plan or medical information; (10) intercept or bypass any secure communications protocol; (11) provide us sensor data (such as microphone, camera, biosensor or other data) that you are not authorized to provide, including data of or about other individuals without their express consent; or (12) use the Services in connection with any hazardous or safety-critical applications, including crisis systems, medical or life support systems, or any emergency response services such as police, fire, emergency medical or other systems. Any attempt to do any of the foregoing is a breach of these Terms and may subject you to legal liability, including contract breach, intellectual property infringement, bodily injury claims, or wrongful death suits. The Services being provided for herein between the Parties is part of a public-facing tool that allows individuals to obtain pricing information for medical procedures as requested by Members, provided that the Provider and Member or its authorized users utilize the Services is in accordance with the Terms. IN ADDITION TO THE DISCLAIMERS INCLUDED IN THESE TERMS, MEDFLO AND CARE BETTER EXPLICITLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT USE OF THE SERVICES DOES OR WILL COMPLY WITH THE NO SURPRISE ACT AND THE CONSOLIDATED APPROPRIATIONS ACT OF 2021, H.R. 133, 100-118 AS AMENDED FROM TIME TO TIME (2020) (THE “REGULATIONS”). CARE BETTER DOES NOT REPRESENT OR WARRANT THAT IMPLEMENTATION OF ANY SERVICES WILL COMPLY WITH THE REGULATIONS. MEDFLO AND CARE BETTER WILL HAVE NO LIABILITY TO PROVIDER OR MEMBER FOR ANY FINES, PENALTIES OR LIABILITIES IMPOSED FOR ANY FAILURE TO COMPLY WITH THE REGULATION. Minors The Services does not direct any content to minors or children. Medflo and Care Better do not intend to collect personal information from children, and therefore we are not subject to the Children's Online Privacy Protection Act. You shall be solely responsible for any use of the Services by a minor, including the minor's online conduct, monitoring the minor's access and use of the Services, and all consequences of such use, including if such use violates these Terms. No Medical Advice; Not a Medical App The Services do not provide any medical advice or any medical services to you or anyone. Any medical treatment to any Member is wholly separate from the Services. If you require health services, then please contact your health care provider or urgent care directly for professional evaluation and care. The Services are not a medical app, medical service, or medical device. You acknowledge and agree that the Services are NOT intended to diagnose disease or other conditions; cure, mitigate, treat, or prevent any disease; or affect the structure or any function of the human body. ALL INFORMATION AVAILABLE FROM THE SERVICES ON MEDICAL OR HEALTH TOPICS IS PROVIDED “AS IS”, WITH ALL FAULTS AND DEFECTS, AND FOR CONVENIENCE ONLY. You agree to seek and obtain any and all diagnosis and treatment information of any medical condition from your selected physician or another member of your care team. While we hope that the information provided to you through the Services are accurate, we cannot guarantee that there will be no typographical errors, delays, deletions, alterations, or inaccuracies in the information. If you believe any information associated with your account is inaccurate, please contact us so that we may correct the information. Not a Patient Portal The Portal is not a patient portal, even if it contains certain information similar to that which might appear in an electronic medical record (“EMR”). All information that appears on the Portal is informational only, and the Portal is not intended or designed to be a designated record set or to provide accurate or reliable access to any Member's medical record. You shall not use the Portal as a substitute for an EMR or for any treatment purposes. You agree that Medflo and Care Better shall have no responsibility to make all or any portion of any medical record available through the Portal, and you stipulate and agree that it may be technically or otherwise infeasible for Medflo to comply with any such request for a medical record through the Portal, which was not designed to hold medical records or EMR data. You acknowledge that information provided through the Portal may be materially incomplete and inadequate for your purposes. You agree to contact your provider directly for any medical record access requests, including without limitation for any official purposes or for treatment. Consent To Receive SMS Text Messages You hereby agree that if you provide your mobile phone number, then you agree that this constitutes your consent to receive SMS text messages relating to our relationship with you or a Member, including messages about the services we provide, updates on your account, and other matters. If you provide us the phone number or other contact information of any individual other than yourself, then you declare that you have permission to provide us that information, and you will indemnify and defend Medflo from all claims, liabilities, losses and expenses (including attorney's fees) that we suffer or incur as a result. You acknowledge that your wireless or mobile carrier may assess extra charges and fees for use of SMS texting. Other Personal Information Medflo values your privacy. BY REGISTERING TO GAIN ACCESS TO THE SERVICES, YOU AGREE TO BE BOUND BY CARE BETTER'S APPLICABLE PRIVACY POLICY AND OUR TERMS AND CONDITIONS. As is explained in our Privacy Policy, we use, and retain the information we collect to, among other things, detect security incidents, and protect against malicious, deceptive, fraudulent, or illegal activity or to violate these Terms. Data You Provided to Medflo and Care Better When you use the Service, the data you provide or your device provides or creates (“Data”) may be stored and used as part of our records relating to Members and Providers. If you are not the subject of the Data, you represent that you have sufficient rights and authority to provide such data to Medflo. You expressly authorize Medflo and Care Better to add the Data to its record databases; make it available to those entitled or authorized to receive it (either by applicable law or as our employees and contractors); use it for any purposes related to administer or improve the Services; to protect or enforce our rights; and share the Data with third parties as permitted or required by law. Notwithstanding any of the foregoing, Medflo and Care Better may aggregate, all or parts of the Data and other data and metadata, together with similar data from other members and/or providers, to create “Aggregated Data Sets”. Aggregated Data Sets will not disclose any personally identifiable information although Aggregated Data Sets may be derived from them. Medflo and Care Better may use, repurpose, copy, modify, distribute, display and publish the Aggregated Data Sets for Medflo's own use and for commercial purposes, including for the purpose of creating operating benchmarks and other enhancements to the Services. The Aggregated Data Sets and any reports containing data from the Aggregated Data Sets will be the trade secret property, copyright property (to the extent it is copyrightable), of Medflo.




5. THIRD PARTIES Information Transfer to Third Parties The Services may include functionality that permits sharing information, including health information, with third parties that you choose. This may be a feature of the Services, such as emailing information, connecting some third party app or service, exporting information, or authorizing a third party to receive the information. It may also occur when you share screenshots or show your phone to someone else while logged into the Portal. YOU ARE SOLELY RESPONSIBLE FOR SHARING THE INFORMATION ONLY WITH THIRD PARTIES THAT YOU TRUST AND WHOSE PRIVACY POLICY AND OTHER TERMS YOU HAVE READ AND UNDERSTOOD. SHARING INFORMATION WITH THIRD PARTIES IS AT YOUR OWN RISK. UNLESS RESTRICTED BY THEIR PRIVACY POLICY OR TERMS, THIRD PARTIES MAY USE AND COMMERCIALIZE DATA THAT YOU PROVIDE THEM. MEDFLO SHALL HAVE NO RESPONSIBILITY UNDER HIPAA OR ANY OTHER LAWS OR RULES FOR INFORMATION THAT YOU SHARE WITH THIRD PARTIES.




6. SUSPENSION; TERMINATION Care Better provides the Services solely for your convenience and solely in our discretion. Medflo reserves the right to change, suspend, remove, disable or terminate access to the Portal and/or Services at any time without notice, for any or no reason, and with no liability or responsibility to you. Medflo may also impose limits on the use of or access to the Services, in any case and without notice or liability. These Terms and your license to use the Services are effective until terminated by you or Medflo. You may terminate your agreement with these Terms and your obligations hereunder by ceasing all use of the Services and deleting the Portal from each of your devices. If you fail to comply at all times with these Terms, Medflo may terminate your license without any notice from Medflo, and your continued use after termination may expose you to legal liability, and Medflo may pursue its rights to the fullest extent permitted by law, including the pursuit of money damages or injunctive relief at our discretion. Upon any termination of the license, you shall cease all use of the Services and destroy all copies, full or partial, of the Services. SERVICES ARE PROVIDED “AS IS”, ALL WARRANTIES DISCLAIMED YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS COMPLETELY VOLUNTARY AND AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND DEFECTS, AND WITHOUT WARRANTY OF ANY KIND. MEDFLO MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SUITABILITY, RELIABILITY, AVAILABILITY, UPTIME, TIMELINESS, ACCURACY, CURRENCY OR COMPLETENESS OF INFORMATION, ACCURACY OF GEOLOCATION DATA OR DRIVING DIRECTIONS, NETWORK CONNECTIVITY , COMPATIBILITY WITH YOUR DEVICE(S), UNINTERRUPTED OR ERROR-FREE PERFORMANCE, TIMELY TRANSMISSION OF INFORMATION OVER THE INTERNET, THAT FUNCTIONALITY OR FEATURES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR ABSENCE OF HARMFUL OR MALICIOUS VIRUSES, WORMS OR OTHER DESTRUCTIVE CODE. NO ORAL OR WRITTEN STATEMENTS MADE BY MEDFLO PERSONNEL CREATE ANY WARRANTY. Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on applicable statutory rights of a consumer, so certain of the above exclusions and limitations may not apply to you.




7. LIMITATION OF LIABILITY IN NO EVENT WILL MEDFLO, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, STAFF, VOLUNTEERS, AGENTS, SUPPLIERS OR CONTRACTORS (“MEDFLO PARTIES”) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ECONOMIC LOSSES, LOSS OR CORRUPTION OF DATA, LOSS OF USE OF YOUR DEVICE, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, PERSONAL INJURY, WRONGFUL DEATH OR OTHERWISE) AND EVEN IF MEDFLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. YOUR DAMAGES HEREUNDER SHALL BE ZERO DOLLARS ($0.00), EXCEPT IN JURISDICTIONS WHERE ALL LIABILITY CANNOT BE DISCLAIMED, IN WHICH CASE YOUR TOTAL DIRECT AND INDIRECT DAMAGES SHALL BE CAPPED AT AN AGGREGATE AMOUNT OF FIFTY DOLLARS ($50.00). The foregoing limitation and exclusion of liability shall be as broad and inclusive as is permitted by local law, if applicable. All other terms shall remain in full force and effect.




8. MISCELLANEOUS Governing Law These Terms and all disputes arising hereunder shall be governed by the laws of New York State without regard to conflict of law rules. Prior to initiating any formal legal action against Medflo, you must use all reasonable efforts to resolve your dispute with us in good faith. In our experience, almost all customer service disputes can be resolved to your satisfaction by our customer service team, reachable by emailing support@medflo.io or by calling (520) 873-9799. If your dispute cannot be resolved using our customer service team, our Terms and Conditions, describe how we shall proceed with the resolution of the dispute. PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. Updates and Amendments to These Terms Medflo may update these Terms in our discretion and from time to time. It is your responsibility to review these Terms fully and to continue using the Services only if you agree to these Terms. Without acknowledging any obligation to do so, Medflo may choose to notify you of changes to these Terms by notification, email, or any other method. Regardless of such notification, your continued use of the Services after each update constitutes your consent to all updates and amendments made to these Terms, and you must consent to all updates in order to continue using the Services. No Agency Neither these Terms nor the license granted herein creates any agency relationship between you and Medflo or any of its affiliates. You shall not take any action or make any statement that suggests, tends to indicate, or purports to be taken under agency from Medflo. You shall not conduct yourself with third parties in any way that misrepresents or exceeds your actual status or authority with or on behalf of Medflo (which may be none), whether you are a Member, covered entity, business associate, independent contractor, practitioner with admitting privileges, or otherwise. You shall also ensure that anyone acting on your behalf or under your direction or control, including without limitation your employees and professional staff, abide by these restrictions, and you shall be responsible with all conduct of such personnel. Assignment Medflo may freely assign these Terms to any of its affiliates or any other party, and any such assignment shall have no impact on your continued obligations hereunder. You may not assign or delegate any of your rights, duties or obligations under these Terms, and any attempt to do so shall be null and void. Injunctive and Other Remedies You acknowledge that any violation of these Terms could result in irreparable harm to Medflo or to the Members and Providers, the damages for which are incalculable. You agree that in the case of such a breach, Medflo shall have every remedy available at law, including immediate injunctive relief. Export Controls You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Services for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. U.S. Government Rights The Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 1 through 227.7202 4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to any U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to these Terms. Contact If you have questions or requests regarding these Terms, you may direct them to us by writing tosupport@medflo.io or calling our corporate office at (520) 873-9799. These Terms may not be copied, modified or adapted without our prior written consent. By signing this Authorization or by checking the related box, I am authorizing the use and disclosure of all information as outlined above.

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