TERMS OF USE

Welcome to RiteCare Telemedicine ("RiteCare Telemedicine," "we," or "our").

By using the websites located at telemedicine.ritecaremedicalofficepc.com, as well as the mobile application called “RiteCare Telemedicine” (the “App”) (collectively, the “Service”), you agree to be bound by these Terms of Use (this “Terms of Use” or “Agreement”), whether or not you register as a member of RiteCare Telemedicine ("Member"). If you wish to become a Member and/or make use of the service (the “Service”), please read this Agreement. If you object to anything in this Agreement or the RiteCare Telemedicine Privacy Policy, do not use the Service.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

YOU SHOULD NOT USE RiteCare Telemedicine FOR MEDICAL EMERGENCIES. IF YOU HAVE A MEDICAL EMERGENCY, DIAL 911 IMMEDIATELY. RiteCare Telemedicine SHALL BEAR NO LIABILITY FOR YOUR FAILURE TO COMPLY WITH THIS INSTRUCTION.

1. Electronic Agreement. This Terms of Use is an electronic contract that sets out the legally binding terms of your use of the Service. This Terms of Use is subject to change by RiteCare Telemedicine at any time, effective upon posting on the RiteCare Telemedicine Service. By accessing and/or using the Service or becoming a Member, you accept this Terms of Use and agree to the terms, conditions and notices contained or referenced herein. Your continued use of the Service following RiteCare Telemedicine’s posting of revised terms of any section of the Terms of Use will constitute your express and binding acceptance of and consent to the revised Terms of Use.

2. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

3. Eligibility. You must be at least thirteen (13) years of age. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

The Service is also not available to any users who have been previously removed or suspended from the Service.

By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Terms of Use and to abide by all of the terms and conditions of this Terms of Use.

4. License for Mobile Application

RiteCare Telemedicine grants you, subject to your compliance with these Terms of Use, a limited, non-exclusive, non-transferable license to download and install a copy of the App. You may download the App on a single device (whether mobile or otherwise) to which you have exclusive control. We reserve all rights in and to the App which are not expressly granted to you under these Terms of Use. You are prohibited from running any version of the App on a jailbroken device.

You acknowledge and agree that new or updated versions of the App may include new or updated Terms of Use. Because new or updated versions of the App may include enhanced security or fixes to previous security-related problems, the failure to install the new version of the App may expose you to security risks, including without limitation a breach of your personal information.

5. Doctor Representations and Warranties.

If you are a Doctor (as defined below), you acknowledge and agree:

a. that you are licensed to practice medicine in the state(s) which you specify upon signup;

b. that you will promptly inform RiteCare Telemedicine if your license to practice medicine lapses, is suspended or revoked, or otherwise subject to a change in status which would nullify your status as a physician duly licensed under the laws of any state(s) in which you are licensed to practice medicine;

c. that you will only respond to requests made within the state(s) in which you are licensed to practice medicine; and

d. that, connection with your use of the Service, you will comply with all applicable laws, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act, Title XIII of the American Recovery and Reinvestment Act of 2009 and related regulations promulgated by the Secretary (“HITECH”), state and federal nondiscrimination laws and other codes, regulations, ordinances and rules (e.g., 45 C.F.R. § 164.304, data security and protection safeguards) promulgated by any and all federal, state, municipal or other legislative bodies, courts or agencies having jurisdiction over the business of the applicable client and/or user of RiteCare Telemedicine’s services. You will notify RiteCare Telemedicine, on a prompt and timely, of any changes in, or revocation of a license, permission or consent which in any respect affect your continued right to engage in your profession. Upon request, you shall furnish RiteCare Telemedicine copies of each permit or license, relating to the lawful conduct of your business, as may be applicable.

6. Commercial Use of Service. If you are using and/or accessing the Service on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:

a. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Use;

b. You have read and understand this Terms of Use; and

c. You agree to this Terms of Use on behalf of the Subscribing Entity.

Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Service, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Service in any fraudulent or misleading manner, any automated use of the system, such as scraping the Service, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service, and using the Service in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of RiteCare Telemedicine, which may be revoked at any time, for any reason, in RiteCare Telemedicine’s sole discretion.

7. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify RiteCare Telemedicine of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. RiteCare Telemedicine will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your RiteCare Telemedicine account.

8. Your Use of the Service

a. You must not copy or capture, or attempt to copy or capture, any content from the Service, unless given express permission by RiteCare Telemedicine.

b. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Service.

c. You must not use any content in any way that is designed to create a separate service or that replicates any part of the offering of the Service.

d. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.

e. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Service, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Service.

f. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Service or any content appearing on the Service.

g. You must not, and must not permit any third party to, copy or adapt the object code of the Service, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Service, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Service.

h. You must not use the Service to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

i. any content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in RiteCare Telemedicine’s sole and reasonable discretion;

ii. any information, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or

iii. any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in RiteCare Telemedicine’s sole and reasonable opinion;

iv. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Service or servers or networks forming part of, or connected to, the Service, or which does or might restrict or inhibit any other user's use and enjoyment of the Service; or

v. any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

i. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.

j. You must not rent, sell or lease access to the Service, or any content on the Service.

k. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.

l. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any RiteCare Telemedicine employee. If RiteCare Telemedicine determines that any user has threatened, stalked, harassed, or verbally abused any RiteCare Telemedicine employee or another RiteCare Telemedicine Member, RiteCare Telemedicine reserves the right to immediately terminate that user’s membership and suspend access to the Service.

m. You must not sell or transfer, or offer to sell or transfer, any RiteCare Telemedicine account to any third party without the prior written approval of RiteCare Telemedicine.

n. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.

o. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by RiteCare Telemedicine; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of RiteCare Telemedicine’s servers, system or network or attempt to breach RiteCare Telemedicine’s data security or authentication procedures; attempt to interfere with the Service by any means including, without limitation, hacking RiteCare Telemedicine’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of RiteCare Telemedicine under these Terms of Use, RiteCare Telemedicine reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions, and acknowledge and agree that RiteCare Telemedicine has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

9. RiteCare Telemedicine is a Marketplace; Limitation of Liability

RiteCare Telemedicine acts as a marketplace to connect medical doctors (“Doctors”) and patients in need of medical care (“Patients”) (collectively, the “Users”). You acknowledge and agree that RiteCare Telemedicine is not a party to any agreement between you and another User, and that we are not liable to you for any loss incurred as the result of a User’s acts or omissions, including without limitation failure to fulfill an order, failure to communicate, breach of contract, conversion, fraud, negligence, and intellectual property violations.

You acknowledge and agree that you are solely responsible for ensuring that a Doctor or Patient is a good fit for you. You are solely responsible for deciding whether to rely on a Doctor’s advice. You are strongly encouraged to obtain additional medical opinions before acting or refraining from acting on a Doctor’s advice.

You acknowledge and agree that only doctors who are licensed in the state from which you send a request can respond to that request.

YOU ACKNOWLEDGE AND AGREE THAT RiteCare Telemedicine IS NOT RESPONSIBLE FOR VERIFYING A DOCTOR’S CREDENTIALS, THE EXTENT TO WHICH A DOCTOR IS THE APPROPRIATE PROFESSIONAL TO EVALUATE YOUR MEDICAL HISTORY AND/OR ISSUE AND TO MAKE A DIAGNOSIS, OR THE VERACITY OF A DOCTOR’S OPINION. YOU ACKNOWLEDGE THAT RiteCare Telemedicine HAS NO LIABILITY FOR THE FOREGOING, OR FOR ANY DAMAGES RESULTING THEREFROM, IN ACCORDANCE WITH SECTIONS19 AND 20 OF THIS AGREEMENT.

RiteCare Telemedicine does not necessarily have control over the quality, safety, morality or legality of any aspect of any User’s services, the truth or accuracy of any User statements, or the ability of Users to fulfill their obligations under an agreement with you. RiteCare Telemedicine cannot ensure that a User will actually complete a transaction or follow through on their promises.

RiteCare Telemedicine cannot guarantee the true identity, age, and nationality of a User. RiteCare Telemedicine encourages you to communicate directly with other Users through the tools available on the Service.

10. Billing.

Please note that the billing policies that are disclosed to you in subscribing to the service are deemed part of this Terms of Use. Notwithstanding anything herein, you are solely responsible for all taxes associated with your use of the Service. RiteCare Telemedicine bills you through an online account (your "Billing Account") for use of the Service. You agree to pay all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize RiteCare Telemedicine to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.

11. Refunds.

Patients may request a refund for fees for any reason. RiteCare Telemedicine may, in its sole discretion, grant a refund request; provided, however, that RiteCare Telemedicine is not under an obligation to issue a refund in any instance. During such requests, RiteCare Telemedicine may contact all associated parties to determine legitimacy of refund request.

12. Modifications to Service. RiteCare Telemedicine reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that RiteCare Telemedicine shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. Blocking of IP Addresses. In order to protect the integrity of the Service, RiteCare Telemedicine reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Service.

14. Term. This Terms of Use will remain in full force and effect while you use the Service. You may terminate your membership at any time by visiting your Dashboard on RiteCare Telemedicine. If you resign or cancel your membership to RiteCare Telemedicine, to help RiteCare Telemedicine analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation.

RiteCare Telemedicine may terminate your membership for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to RiteCare Telemedicine. All decisions regarding the termination of accounts shall be made in the sole discretion of RiteCare Telemedicine. RiteCare Telemedicine is not required to provide you notice prior to terminating your membership. RiteCare Telemedicine is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Terms of Use will remain in effect. All terms that by their nature may survive termination of this Terms of Use shall be deemed to survive such termination.

15. Third Party Content. RiteCare Telemedicine may provide third party content on the Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. RiteCare Telemedicine does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that RiteCare Telemedicine does not create Third-Party Content, nor does RiteCare Telemedicine update or monitor it. RiteCare Telemedicine is therefore not responsible for any Third-Party Content on the Service. Users use such Third-Party Content at their own risk.

The Service may include links or references to other web sites or services solely as a convenience to RiteCare Telemedicine users (collectively, the “Reference Sites”). RiteCare Telemedicine does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.

16. Intellectual Property. RiteCare Telemedicine, the RiteCare Telemedicine logos and any other product or service name or slogan contained in the Service are trademarks of RiteCare Telemedicine or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of RiteCare Telemedicine or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that RiteCare Telemedicine may provide you from time to time.

RiteCare Telemedicine retains all proprietary rights in the Service, except where otherwise noted. The Service contains the copyrighted material, trademarks, and other proprietary information of RiteCare Telemedicine, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on RiteCare Telemedicine is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of RiteCare Telemedicine and for RiteCare Telemedicine Members' use only. Distribution of Content to others is strictly prohibited. You agree that RiteCare Telemedicine would be irreparably harmed by any violation or threatened violation of this section and that, therefore, RiteCare Telemedicine shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.

We may provide links to third party websites, and some of the content appearing on RiteCare Telemedicine may be supplied by third parties. RiteCare Telemedicine has no responsibility for these third party websites nor for their content, which is subject to and governed by the terms of use and/or privacy policies, if any, of the applicable third party content providers.

You may not use any metatags or any other hidden text utilizing “RiteCare Telemedicine” or any other name, trademark or product or service name of RiteCare Telemedicine without our prior written permission. In addition, the look and feel of the RiteCare Telemedicine Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of RiteCare Telemedicine and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.

The Service is owned and operated by RiteCare Telemedicine. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, RiteCare Telemedicine’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).

17. Terms for the iOS App

You acknowledge and agree that this Terms of Use is between you and RiteCare Telemedicine only, and that Apple is not a party to these Terms of Use. RiteCare Telemedicine, not Apple, is responsible for the App and its contents.

You must not use the iOS App except on an Apple-branded product that is running iOS. Any use of the App by you must comply with the relevant terms of use for the Apple Source from which you obtained it (including, without limitation, the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge and agree that Apple does not have any obligation to furnish you with maintenance and/or support services with respect to the App.

You further acknowledge and agree that Apple is not responsible for addressing or resolving any claims by you or a third party relating to your use and/or possession of the App, including, but not limited to, warranty or liability claims, claims that the App fails to conform to a legal or regulatory requirement, consumer protection or similar claims, or claims that the App infringes the intellectual property rights of a third party (including, without limitation, trademark, copyright, and/or patent rights).

Any claims, losses, liabilities, damages costs or expenses relating to a failure to conform to any warranty shall be RiteCare Telemedicine's responsibility, to the extent allowable by these Terms of Use. It is important that you read the entire Terms of Use, as other sections of these Terms of Use limit our liability.

Apple and its subsidiaries are third-party beneficiaries of these Terms of Use. By accepting these Terms of Use, you acknowledge and agree that Apple shall have the right (and will be deemed to have accepted that right) to enforce the Terms of Use against you as a third party beneficiary. Apple is the sole third party beneficiary and there are no other third-party beneficiaries of the Terms of Use.

18. Repeat Infringer Policy. RiteCare Telemedicine has adopted a policy that it will promptly terminate without notice any user's access to the Service if that user is determined by RiteCare Telemedicine to be a "repeat infringer." A repeat infringer includes, without limitation a user who has been notified by RiteCare Telemedicine of infringing activity violations more than twice.

Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Use.

19. Limitation of Liability. In no event shall RiteCare Telemedicine be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Service, or use thereof. Nothing contained in the Service or in any written or oral communications from RiteCare Telemedicine or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Service, along with the services provided by employees of the Service, are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. RiteCare Telemedicine makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Service’s content or that the functionality of the Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL RiteCare Telemedicine, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, EVEN IF RiteCare Telemedicine HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL RiteCare Telemedicine HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF RiteCare Telemedicine HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of RiteCare Telemedicine and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to RiteCare Telemedicine during the six months prior to notice to RiteCare Telemedicine of the dispute for which the remedy is sought.

20. Indemnity by You. You agree to indemnify and hold RiteCare Telemedicine, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:

a. your use of the Service in violation of this Terms of Use and/or arising from a breach of this Terms of Use including without limitation your representations and warranties set forth herein; or

b. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of RiteCare Telemedicine.

21. Attorney Fees. In the event that RiteCare Telemedicine is successful in whole or in part in any action or proceeding related to or arising from this Terms of Use, you shall be responsible for RiteCare Telemedicine’s attorneys' fees and costs.

22. Parental or Guardian Permission. Some of the Content on the Service may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE SERVICE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 13 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE RiteCare Telemedicine THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.

23. Privacy. Use of the Service is also governed by our Privacy Policy, located at https://telemedicine.ritecaremedicalofficepc.com/app/policy.html.

24. Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Service, by using the Service, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of New York with the same force and effect as if such service had been made within the State of New York. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

25. Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of New York, County of New York, or the U.S. District Court for the Southern District of New York. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New York, County of New York, or the U.S. District Court for the Southern District of New York.

26. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Terms of Use.

27. Availability Outside the U.S. If you access RiteCare Telemedicine from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Service from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.

28. Entire Agreement.

This Terms of Use, along with the Privacy Policy, contains the entire agreement between you and RiteCare Telemedicine regarding the use of the Service.

29. Severability; Waiver. If any provision of this Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Use, which shall remain in full force and effect. No waiver of any term of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, RiteCare Telemedicine’s failure to enforce any term of this Terms of Use shall not be deemed as a waiver of such term or otherwise affect RiteCare Telemedicine’s ability to enforce such term at any point in the future.

30. Headings. The section headings contained in this Terms of Use are for reference purposes only and shall not in any way affect the meaning or interpretation of this Terms of Use.

31. Consent. By registerting, logging-in, or clicking a link to participate in a audio/visual interaction with your practioner, you accept the following:

a. I understand that my health care provider wishes me to engage in a telemedicine consultation.

b. My health care provider has explained to me how the video conferencing technology will be used to affect sucha consultation will not be the same as a direct patient/health care provider visit due to the fact that I will not be in the same room as my health care provider.

c. I understand there are potential risks to this technology, including interruptions, unauthorized access and technical difficulties. I understand that my health care provider or I can discontinue the telemedicine consult/visit if it is felt that the videoconferencing connections are not adequate for the situation.

d. I understand that my healthcare information may be shared with other individuals for scheduling and billing purposes. Others may also be present during the consultation other than my health care provider andconsulting health care provider in order to operate the video equipment. The above mentioned people will allmaintain confidentiality of the information obtained. I further understand that I will be informed of theirpresence in the consultation and thus will have the right to request the following: (1) omit specific details of mymedical history/physical examination that are personally sensitive to me; (2) ask non‐medical personnel to leave the telemedicine examination room: and or (3) terminate the consultation at any time.

e.I have had the alternatives to a telemedicine consultation explained to me, and in choosing to participate in atelemedicine consultation. I understand that some parts of the exam involving physical tests may be conductedby individuals at my location at the direction of the consulting health care provider.

f. In an emergent consultation, I understand that the responsibility of the telemedicine consulting specialist is toadvise my local practitioner and that the specialist's responsibility will conclude upon the termination of thevideo conference connection.

g. I understand that billing will occur from both my practitioner and as a facility fee from the site from which I ampresented.

h. I have had a direct conversation with my doctor, during which I had the opportunity to ask questions in regard tothis procedure. My questions have been answered and the risks, benefits and any practical alternatives havebeen discussed with me in a language in which I understand.

i. I will receive email, phone texts, or phone calls to help facilitate or inform me of connecting with my practioners

j.That I have read or had this form read and/or had this form explained to me. That I fully understand its contents including the risks and benefits of the procedure(s); That I have been given ample opportunity to ask questions and that any questions have been answered to my satisfaction.

Please contact us with any questions regarding this agreement.

RiteCare Telemedicine reserves all rights not expressly granted in these Terms of Use.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL THE PROVISIONS CONTAINED ABOVE.