TERMS OF USE

Effective: April 15th, 2026

Last Updated: July 1st, 2026

CAREFULLY READ THE FOLLOWING PURE USERS TERMS OF USE (the “Terms”) BEFORE USING PURE WEBSERVICES (the “Platform”), OR ACCESSING PURE TELEHEALTH SERVICES (“Telehealth Services”) provided through the platform. The Platform, and accessed Telehealth Services, including all related content and functionality, are collectively referred to as the “Services,” to the extent applicable to Your use.

BY CREATING A USER ACCOUNT AND USING THE SERVICES, YOU CONSENT TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ACCEPT THE TERMS, DO NOT LOG IN TO OR USE THE SERVICES.

Any information that PURE ACCESS MANAGEMENT, INC. AND/OR PURE ACCESS CARE OF FLORIDA, P.A. and its affiliated entities and practices (“Pure” or “We”) collected through Your use of the Services is subject to the Pure Privacy Policy, which is part of these Terms.

By continuing to use the Services, You agree as follows:

You are at least 18 years old.
You understand and agree that these Terms are a legally binding agreement and the equivalent of a signed, written contract.
You will use the Services in a manner consistent with applicable laws and regulations and these Terms, as they may be amended by Pure from time to time; and
You understand, accept, and agree that You have received and can access these Terms and the Pure Privacy Policy.

If You do not agree with and accept the Terms, please discontinue all further use of the Services.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE dispute resolution section below, YOU AGREE THAT DISPUTES BETWEEN YOU AND Pure WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, and You waive Your right TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING support@pureaccesscare.com WITHIN 30 DAYS OF FIRST ACCESSING OR USING THE SERVICES (INCLUDING THE PLATFORM OR APP).

These Pure Terms of Use (“Pure Terms of Use” or “Terms”) are a legal contract between You (“You/Your” or “Member” or “User”) and Pure Access Management, Inc. (“Us” or “We” or “Our” or “Pure” or “Company”), or any of its subsidiaries or any of its affiliates (including Pure Access Care of Florida, P.A., and other affiliated entities and practices) (“Affiliated Providers”).

Pure is the creator of the Pure website (“Platform”), and provides access to telehealth services provided by Affiliated Providers (“Telehealth Services”). Collectively, together with all related content and functionality, the Platform and Telehealth Services are referred to as the “Services.” These Terms govern Your use of the Services and apply to individuals accessing the Services. By accepting these Terms and using the Services, You acknowledge that You have read, understand, and agree to these Terms and Our Pure Privacy Policy. Any capitalized terms not defined in these Terms are defined in the Pure Privacy Policy.

WHAT ARE THE SERVICES?

Overview of Services.

Pure offers access to healthcare-related services that are accessible thought the Platform. Access to Telehealth Services (provided by Affiliated Providers) is offered under a health program or on a one-time visit-basis. The Services are not intended to be used to identify emergencies or in the event of an emergency.

The Services may also allow users to view health related information for general educational or informational purposes only.

Important communications and documents may be available and/or delivered electronically through the Platform, as well as to user-provided email address(es) and/or mobile number(s).

Purchases.

For any Services requiring payment (individually and collectively, a “Purchase”), You may be asked to provide payment information. If a credit card / debit card account is being used for a transaction, Pure may obtain preapproval for an amount up to the amount of the payment. If you would like to designate a different payment method, or there is a change to your payment information, please visit the “Manage Payments” section of the Platform.

TELEHEALTH SERVICES

Medical Services.

By using Our Services, You understand and agree that Our role is limited to supporting and facilitating Your access to Telehealth Services through Our Platform and App, and that these Telehealth Services are provided by Our Affiliated Providers, and not by Pure Access Management.

THE SERVICES CAN NOT AND ARE NOT DESIGNED, INTENDED, OR APPROPRIATE TO, REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR IN-PERSON HEALTH CARE PROVIDER, OR YOUR PRIMARY CARE PHYSICIAN OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS. DO NOT USE THE SERVICES IN THOSE CIRCUMSTANCES.

If at any time You are concerned about Your care or treatment, or You believe or suspect or someone else advises You that You have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room.

Any medical advice provided by a provider and/or clinician using information from the Platform (e.g., a clinician employed by an Affiliated Provider) is based on the personal health data You provide. If You do not provide complete and accurate personal health information, the medical advice You receive may not be accurate or appropriate. Questions and information collected through the Platform are designed for informational and/or research purposes and to identify potential patterns in symptomologies and treatments. The App and Platform and/or any data derived from the Platform are in no way intended to replace the independent clinical judgment of a qualified healthcare professional. THE MEDICAL ADVICE PROVIDED TO YOU BY YOUR HEALTHCARE PROVIDER OR ANY OTHER PROFESSIONAL IS NOT UNDER PURE ACCESS MANAGEMENT’S CONTROL.

FURTHER, AVAILABILITY OF A PARTICULAR AFFILIATED PROVIDER THROUGH THE PLATFORM IS NOT AN ENDORSEMENT OR RECOMMENDATION BY US OF THAT PROVIDER.

General information available through the Platform about medical conditions, symptomology, available drugs, treatment options, and other educational articles and videos is for general educational purposes only. Never disregard, avoid, or delay obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the Platform.

You are responsible for paying for any Telehealth Services You use, unless paid by your organization or employer plan. Our services are cash based only and there is no guarantee Your insurance company will pay for the services You have purchased.

WHO IS ELIGIBLE TO USE THE SERVICES?

You must register to create an account (“User Account”) and become a registered user to access the Services. You must create a username and provide Your name, Your email address, phone number and other information specified in the registration form (“Registration Data”). You may change or correct information in your account, including email, address, and phone number by visiting the web platform. You agree not to register for a User Account on behalf of an individual other than Yourself unless You are legally authorized to bind such person to these Terms. By registering another person, You hereby represent that You are legally authorized to do so.

By registering for an account and using the Services, You represent and warrant as follows:

You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law
Your Registration Data is true, accurate, current, and complete
Any payment information (credit or debit card) You supply is true, correct and complete
Charges incurred by You will be honored by Your credit/debit card company
You will pay the charges incurred in the amounts posted, including any applicable taxes
You are the person in whose name any submitted credit / debit card was issued and You are authorized to make a purchase or other transaction with the relevant credit / debit card and information.
You will update Your Registration Data as needed to maintain its accuracy
You are authorized to create a User Account (either for Yourself or another person)
You acknowledge and agree to the terms of the Pure Privacy Policy.
You are legally authorized to view and share with Us health data and other Personal Data (as that term is defined in the Pure Privacy Policy); and
You are not located in a country that is subject to a U.S. Government embargo or that is designated by the U.S. Government as a “terrorist supporting” country, and You are not listed on any U.S. Government list of prohibited or restricted parties.‍

‍NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.

HOW WILL PURE NOTIFY YOU OF CHANGES TO THESE TERMS?

With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included near the end of these Terms, We reserve the right to change or modify these Terms at any time without prior notice to You. If We materially change or modify these Terms, We will let You know by (1) posting a new version of the Terms to the Platform and App; and/or (2) posting a change notice on Our Platform and/or App.

If You continue to use the Services after We have informed You of the changes, You agree to be bound by the modified Terms. If You do not accept the changes, You should immediately stop using the Services and delete all files associated with the Services on Your computer and/or mobile device.

WHO OWNS THE SERVICES AND PERSONAL DATA?

Services Ownership and Use.

Pure owns the Platform, including all content and functionality You access through the Platform. Subject to Your compliance with these Terms, We grant You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Platform.

THE PLATFORM ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE PLATFORM. You may not use the Platform for any other purpose than what is allowed under these Terms without Pure’s express written permission.

You may not use Pure’s name, trademarks, service marks, or logos, or those of third parties appearing on the Platform in any advertising or publicity or to otherwise indicate Pure’s or such third party’s sponsorship or affiliation with any product or service without the express written permission from Pure or such third party.

Personal Data Ownership and Use.

You own Your Personal Data and any other information You submit on or through the Services (collectively, “User Information”). If You are entering someone else’s information into the Services, You represent and warrant that You have permission to do so. In exchange for providing You with the Services, You grant to Pure a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use Your User Information for the purpose of providing the Services, subject to the restrictions in the Pure Privacy Policy. You also agree to allow Us to de-identify and anonymize Your User Information, including, without limitation, Your personal health information in accordance with Our Pure Privacy Policy, and to use or disclose such de-identified information for any purpose.

WHAT ARE YOU NOT ALLOWED TO DO WITH THE SERVICES?

You may use the Services only for lawful purposes and in accordance with these Terms. In addition, We impose certain restrictions on Your use of the Services. While using the Services, You shall not:

Provide false, misleading, or inaccurate information to Us, to any third-party healthcare provider you access using the Platform, or any other user
Use the Services (i) for any commercial purpose; (ii) for the benefit of any third party; or (iii) in any manner not permitted by these Terms
Impersonate or attempt to impersonate Us, one of Our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing)
Use or attempt to use any manual process, engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to harvest, monitor, or otherwise collect information from the Platform for any use, including, without limitation, use on third-party websites, without Our consent
Use the Services in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Services, including their ability to use the Services
Access content or data not intended for You, or log onto a server or account that You are not authorized to access
Violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries)
Attempt to probe, scan, or test the vulnerability of the Platform or any associated system or network, or breach security or authentication measures without proper authorization
Interfere or attempt to interfere with the use or functionality of the Platform by any other user, host, or network, including, without limitation, by means of submitting a virus, trojan horse, worm, logic bomb, or other material, which is malicious or technologically harmful, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”
Forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance, or distribution by means of, the Platform
Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
Post, upload, publish, submit, or transmit any content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances
Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Us, You, or any other third-party (including another user) to protect the Platform
Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Us in providing the Services. Any violation of this section may subject You to civil and/or criminal liability
Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Us, may harm Us or users of the Services or expose them to liability, or otherwise interfere with or attempt to interfere with the proper working of the Platform
Encourage or enable any other individual to do any of the above.

Pure is not obligated to monitor Your use of the Platform, but We may do so to ensure Your compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when We are required to. Pure reserves the right to suspend or terminate Your use of the Platform without notice to You if You partake in any of the prohibited uses described above.

HOW SHOULD YOU PROTECT YOUR LOGIN INFORMATION?

The Platform are designed to require users to create a username and password to access and use the Platform. Your username and password are, collectively, Your “User Credentials.” You are solely responsible for (i) maintaining the strict confidentiality of Your User Credentials, (ii) not allowing another person to use Your User Credentials to access the Platform, and (iii) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under Your User Credentials, regardless of whether You were aware of those activities. You agree to immediately notify Pure in writing by email of any unauthorized use of Your User Credentials or any other compromise of the security of Your User Account.

WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL DATA, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.

You may be held liable for any losses incurred by Pure and/or its affiliates, officers, directors, and representatives due to someone else’s use of Your User Account or password, regardless of whether You were aware of such use.

HOW DOES PURE PROTECT YOUR PRIVACY?

Pure values Your privacy and is committed to keeping Your Personal Data confidential. Please see Our Pure Privacy Policy for an explanation of Our privacy practices, the data We collect from You, how We use that data, and Your rights regarding Your data. By clicking “I Agree,” accessing or using the Services, or by downloading, viewing, or uploading any content through the Platform, You acknowledge and agree to the provisions of the Pure Privacy Policy and affirm that the Pure Privacy Policy is a part of these Terms.

By using the Services and accepting these Terms, You further acknowledge that Pure may share Your Personal Data with other users, including Your healthcare provider (if You choose to allow this). We may share Your information with third parties as described in the Pure Privacy Policy, and will seek Your consent before doing so where required by law.

We are not responsible for nor liable to You or any third party for a third party’s treatment of Personal Data, including any collection, use, disclosure, storage, loss, theft, or misuse of Personal Data, whether or not such treatment violates applicable law.

Our Affiliate Providers must also abide by the terms of a Notice of Privacy Practices (NPP), which is a document that governs how these entities collect, generate, store, use, and disclose your Protected Health Information (PHI) in accordance with federal law (i.e., HIPAA).

COMMUNICATIONS BY PHONE OR TEXT/SMS

You verify that any phone information provided to Pure is true and accurate, and that You are the current subscriber or owner of any telephone number that You provide, and You agree to promptly update any such number provided to Us if it changes or is no longer a current number for You.

You acknowledge that by voluntarily providing Your telephone number(s), You expressly agree to receive prerecorded voice messages and/or autodialed calls, and text messages from Us, Our agents, affiliates, and independent contractors related to Our Services or relationship with You. Message frequency may vary.

You acknowledge that automated calls or text messages may be made to Your telephone number(s) even if Your telephone number(s) is registered on any state or federal Do Not Call list. You agree to receive automated calls and text messages from Us, Our agents, affiliates, and independent contractors even if You cancel Your account or terminate Your relationship with Us, except if You opt-out (see below).

Communications You may receive from Pure may include (but are not limited to):

A one-time, multifactor authentication (MFA) passcode sent to You after You have opted-in to receiving such a code to authenticate Your logging onto the Site
General health communications from Pure and/or Affiliated Providers (including but not limited to notifications regarding appointments, checkups and exams, instructions, test results, follow-up, prescription notifications or reminders, or instructions)
General health communications relating to Your account, registration, changes and updates, service outages, reminders, billing/payment notifications, services available to members, or any transactions
Marketing and promotional communications

At any time, and even if You have expressly given Us permission to send voice/text messages to You, You may communicate Your desire not to receive additional voice/text messages by following the STOP opt-out instructions in the voice or text message, by adjusting Your preferences on the Platform (for only certain categories of communications).

For any assistance reply with the word HELP to our message or contact support@pureaccesscare.com.

You acknowledge that Pure is not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to You from Us and to Us from You. If You have any questions about Your text plan or data plan, it is best to contact Your wireless provider.

You acknowledge that You are aware text messages are not fully secure and could be intercepted by a third party and acknowledge if You share Your mobile device with others, they may be able to view text messages sent by Pure and/ or any Affiliated Provider. It is Your responsibility to understand the risks of receiving text messages on Your mobile device. You may update Your mobile numbers through the Platform or by contacting support@pureaccesscare.com .

COMPUTER EQUIPMENT AND INTERNET ACCESS

You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, “Systems”) necessary for You may need to access and use the Services. This includes, without limitation, obtaining Internet services, using up-to-date web browsers, and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems.

THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.

OPTING OUT OF COMMUNICATIONS FROM PURE

We may send communications, including emails, to You regarding Your User Account and the Services. You can choose to filter any User Account and Services emails using Your email settings, but We do not provide an option for You to opt-out of these communications.

If You consent to receive marketing or other communications not related to Your User Account or the Services, We will provide You with the option to opt-out of such marketing communications within the applicable message.

Your consent will remain in effect until You revoke it. You may explicitly withdraw Your consent by changing Your delivery preferences through Your Platform profile. You may contact Pure by email support@pureaccesscare.com and ask a customer service representative to assist You.

THIRD PARTIES AND THIRD-PARTY SITES

Third-Party Websites.

In the course of using the Services, You may be introduced to areas or features of the Services that allow You to access a website that does not belong to and are not controlled by Us (collectively, “Third-Party Sites”). If You choose to access one of these Third-Party Sites, You will leave Our Platform and be redirected to an environment owned and controlled by an external third party. You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms of use, user guides, and/or business practices (collectively, “Third-Party Rules”) than Us, and that Your use of such Third-Party Sites is governed exclusively by the respective Third-Party Rules. We provide links to Third-Party Sites to You as a convenience, and We do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.

YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“Third Party Matters”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS.

Any reference in the Services to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply Our endorsement or recommendation.

Third-Party Services.

To the extent any features, aspects, products, or services offered through the Services are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”), You may be subject to additional terms and conditions. To the extent applicable, You will receive a notification and have the opportunity to accept such terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES.

In the event of any inconsistency between terms of use relating to Third-Party Services and these Terms, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about You, as specified in the Third-Party Service Provider’s privacy policies. Prior to providing information to any Third-Party Service Provider, You should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY OR TERMS OF USE, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.

YOUR REPRESENTATIONS AND WARRANTIES

In addition to other representations and warranties contained throughout the Terms, You represent and warrant that Your use of the Services will be in accordance with these Terms and all applicable laws, regulations, rules, and Pure policies and procedures (to the extent such policies and procedures are communicated to You). Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF YOU ARE SUBMITTING SUCH PERSONAL DATA) WITH US.

WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY

No Warranties.

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PURE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. PURE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PURE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATIONS, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE APPLICATION OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PURE OR THROUGH THE APPLICATION OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, USERS, AFFILIATED PROVIDERS, OR AUTHORIZED THIRD PARTIES.

YOU UNDERSTAND THAT PURE DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, AFFILIATED PROVIDERS, NOR DOES PURE VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF ANY SUCH USERS OF THE SERVICES. PURE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, AFFILIATED PROVIDERS.

PURE CAN NOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. PURE CAN NOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE PLATFORM.

APPLICABLE LAWS MAY NOT ALLOW SUCH DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, OR THE EXCLUSIONS FROM SUCH LIABILITY, AND YOU MAY BE ENTITLED TO SEEK OTHER REMEDIES UNDER YOUR EVIDENCE OF COVERAGE OR OTHER AGREEMENT WITH PURE IN SUCH CASE, THE ABOVE DISCLAIMERS, LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Your Responsibility for Loss or Damage.

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD PURE OR ITS AFFILIATED PROVIDERS, LICENSORS, OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA.

Limitation of Liability.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER PURE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PURE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.

IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SERVICES.

FOR THE AVOIDANCE OF DOUBT, IF YOU ARE DISSATISFIED WITH THE HEALTHCARE SERVICES YOU ARE RECEIVING FROM A PROVIDER, YOU MAY HAVE ADDITIONAL REMEDIES REGARDING THE PROVISION OF HEALTHCARE SERVICES.

YOU ACKNOWLEDGE THAT IF YOU USE THE SERVICES DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. PURE IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE SERVICES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, PURE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PURE AND ITS REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SERVICES, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR USER ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES THROUGH YOUR USER ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.

PROVIDING FEEDBACK TO PURE

We welcome and encourage You to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by e-mailing Us at support@pureaccesscare.com. You acknowledge and agree that if You submit any Feedback to Us, You grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that You own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

USER ACCOUNT TERMINATION

To the extent permitted by applicable law, We may cancel, suspend or block Your use of the App, Platform, and Telehealth Services at any time, without cause and/or without notice. You agree that We will not be liable to You or any other party for any termination of Your access to the Platform in accordance with these Terms.

If You wish to terminate Your User Account, please contact Pure at support@pureaccesscare.com, immediately discontinue Your use of the Services, and delete all files associated with the Services from Your computer or mobile device.

DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS

You agree that any dispute between You and Pure arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below. We want to address Your concerns without needing a formal legal case, so We have included a tiered dispute resolution process. This Dispute Resolution section may be modified by a written agreement between You and Pure.

Informal Dispute Resolution.

Before filing a claim against Pure, You agree to try to resolve the dispute informally by contacting support@pureaccesscare.com. Most user concerns can be resolved quickly and to Your satisfaction through email.

Arbitration Agreement.

In the unlikely event that Our support team is unable to resolve a complaint You may have (or if We have not been able to resolve a dispute with You after attempting to do so informally), including, but not limited to, any alleged breach of these Terms, You agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Health Lawyers Association (“AHLA”).

Arbitration Procedure.

The parties agree to submit any dispute or claim arising out of or relating to these Terms to binding arbitration. The arbitration shall be conducted in accordance with the Delaware State Rules of Arbitration and shall be administered by a single arbitrator selected in accordance with such rules. The parties agree that any such arbitration shall take place in the Delaware judicial district. The decision of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction. Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.

Cost of Arbitration.

Unless otherwise prohibited by applicable law, You and Pure shall each pay 50% of all mediators and/or arbitrator costs, expenses, and fees incurred in connection with mediating and/or arbitrating under these Terms.

Exceptions to Agreement to Arbitrate.

Pure may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.

YOU MAY ONLY RESOLVE DISPUTES WITH PURE ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS.

Opt-Out of Alternative Dispute Resolution Process.

Notwithstanding the above, You can decline or “opt-out” of the alternative dispute resolution process described above by contacting support@pureaccesscare.com within 30 days of first accepting these Terms and stating that You (first and last name) decline this dispute resolution process.

YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO A JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.

If You opt-out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, You submit to the exclusive jurisdiction of any state or federal court sitting in the State of Delaware in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and You hereby waive any right to object to such filing on grounds of improper venue, forum non-convenience, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.

GENERAL CONTRACT TERMS

Entire Agreement.

These Terms, the Pure Privacy Policy, and any other terms incorporated by reference, constitute the entire and exclusive understanding and agreement between Pure and You regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Pure and You regarding the Services.

Governing Law.

These Terms shall be governed by the laws of the State of Delaware without reference to its conflict of laws provisions.

Assignment.

You may not assign or transfer these Terms, by operation of law or otherwise, without Pure’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. Pure may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notices.

Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (i) by Pure via email (in each case to the address that You provide); and/or (ii) by posting to the Platform. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from Pure electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH PURE IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.

You shall give any notice to Pure by email to: support@pureaccesscare.com. Notice to Pure shall be effective upon receipt of notice by Pure.

No Inadvertent Waiver.

The failure of Pure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Pure.

Severability.

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.

Intellectual Property Rights.

“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (i) patent rights and utility models, (ii) copyrights and database rights, (iii) trademarks trade names, domain names, and trade dress and the goodwill associated therewith, (iv) trade secrets, (v) mask works, and (vi) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.

As between You and Us, all right, title, and interest, including all Intellectual Property Rights, in the Services, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by Pure or its licensors, vendors, and affiliates, as applicable. All rights not expressly granted are reserved by Us. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Copyright Policy.

We respect the intellectual property rights of others. It is Our policy to respond to any claim that protected content posted on the Site and/or through the Service infringes on the copyright or other intellectual property rights (collectively, “Infringement”) of any person or entity.

If You are a copyright owner, or authorized on behalf of one, and You believe that Your copyrighted work has been utilized in a way that constitutes copyright infringement, please submit Your claim via email to support@pureaccesscare.com, with the subject line: “Copyright Infringement” and include in Your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or fraudulent or bad-faith claims regarding the infringement of any content found on and/or through the Platform, App, or Services.

Copyright Infringement Claim Procedure.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the copyright (or other exclusive right) that is allegedly infringed.

(ii) Identification of the copyrighted work (or list of works, if multiple copyrighted works at a single online site are covered by a single notification) claimed to have been infringed, including the relevant URL (i.e., web page address).

(iii) Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit one to locate the identified material.

(iv) Information reasonably sufficient to permit one to contact You or the complaining party, such as an address, telephone number, and email address.

(v) A statement that You or the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that You or the complaining party are authorized to act on behalf of the copyright (or other exclusive right) owner that is allegedly infringed.

You can contact Our Copyright Agent via email at support@pureaccesscare.com.

Remedies.

Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

Contacting PURE.

Please feel free to contact Us if You have any questions about these Terms and/or any other documents referenced in these Terms. You may contact Us at support@pureaccesscare.com, or at Our mailing address:

Pure Access Care of Florida, P.A., Or Pure Access Care of Florida, P.A. – Data Security Officer; 407 Lincoln Rd. Suite 6H, Miami Beach, Florida, 33139