4. IMPORTANT DISCLAIMERS RELATED TO THE SERVICES

FAVORITE FAMILY DOC is a telehealth company. In some cases, a FAVORITE FAMILY DOC physician or affiliated health care provider (“Providers”) may use the Services to provide advice or treatment to you. The Provider conducting the consultation determines the scope of services for diagnosis, treatment, and care. You understand, agree, and acknowledge that the Services may not be the appropriate solution for all health care needs and that the Services may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation.

A Provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Therefore, the Provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, FAVORITE FAMILY DOC strongly encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with your Provider.

By deciding to engage with the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a healthcare provider; (iii) a Provider acting through the Services may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease or injury.

Our role is limited to making certain telehealth related information available to you and helping facilitate your access to telemedicine and medical services. FAVORITE FAMILY DOC is independent from Providers and is not responsible for such Providers’ acts, communications, or any content provided by them.

We do not engage in the practice of medicine. We do not provide medical advice. The decision to follow treatment recommendations rests with you and your Provider. By accessing, using, or browsing the Site or Services or providing medical history, you do not create a physician-patient or healthcare provider-patient relationship between you and FAVORITE FAMILY DOC or any of our employees and/or affiliates. Please consult your doctor or other qualified healthcare provider if you have any questions about a medical condition. Call 911 for all medical emergencies. FAVORITE FAMILY DOC IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE SITE.

5. PROPRIETARY RIGHTS AND YOUR USE OF THE SITE

Unless otherwise specified in these Terms, FAVORITE FAMILY DOC owns all right, title, and interest in and to all information and screens appearing on this Site, including all Materials provided herein. We provide content through the Site that is copyrighted or contains protectable trademarks of us or our third-party licensors and suppliers (collectively, the “Materials”). Materials may include, but are not limited to, documents, services, software, site design, names, text, graphics, logos, artwork, publications, trade dress, characters, interfaces, video, images, sounds, photographs, icons, code, software, and other content, appearing in or on the Site as well as the arrangement thereof.

Subject to these Terms, we hereby grant to you a revocable, limited, personal, non-exclusive, and non-transferable license to use, access, view, print, display, and download the Site solely for your personal and non-commercial use. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Site or Materials in any manner or for any purpose that would constitute infringement of our, our licensors’, or the Site’s other user’s intellectual property rights. All rights not expressly granted herein are reserved.

6. YOUR COMMUNICATIONS TO THE SITE

By forwarding any content or communications to us through the Site or by other electronic means, you thereby grant us a perpetual, royalty-free, fully paid-up, world-wide, irrevocable, non-exclusive, freely transferable, and freely sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. No compensation will be paid to you with respect to our or our sublicensees’ use of your communications.

7. ELECTRONIC COMMUNICATIONS

By using the Site and/or the Services, you consent to receiving electronic communications, including electronic notices, from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Materials. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You agree to pay all fees due for services requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.

8. PERMITTED USES

By accessing or using the Site, you agree that: Your use of the Site is subject to and governed by these Terms; You will only access or use the Platform and transact business with us if you are at least eighteen (18) years old; You will use the Site solely for its Services offered in the normal course of business; You will always act in accordance with the law and custom, and in good faith; You will comply with and be bound by these Terms; Each use of the Site by you indicates and confirms your agreement to be bound by these Terms; These Terms are a legally binding agreement between you and us that will be enforceable against you; and Satisfying the above requirements does not guarantee that you will receive Services through FAVORITE FAMILY DOC.

You further agree to not use the Site in any way that: Changes or alters the Site or content; Impairs in any way the integrity or operation of the Site; Interferes with or induces a breach of contractual relationships; Is in any way unlawful or prohibited; Transmits any advertisements, solicitations, spam, or other unsolicited communications; Transmits any harmful computer codes or viruses; Harvests email addresses from the Site; Interferes with our network services; Attempts to gain unauthorized access to our network services; Impairs our ability to operate the Site; Unlawfully impersonates any person or entity; Transmits violent, obscene, or otherwise objectionable content; Dilutes or depreciates our name and reputation; or Unlawfully transmits any confidential or trade secret information.

9. USER CONTRIBUTIONS

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post content or materials (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary.

You represent and warrant that: You own or control all rights in and to the User Contributions and have the right to grant the license granted above; and All of your User Contributions do and will comply with these Terms. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

10. MONITORING AND ENFORCEMENT; TERMINATION

We have the right to: Remove or refuse to post any User Contributions for any or no reason in our sole discretion; Take any action with respect to any User Contribution that we deem necessary or appropriate; Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights; Take appropriate legal action for any illegal or unauthorized use of the Site; and Terminate or suspend any of the rights granted to you in these Terms and your access to all or part of the Site for any reason.

YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

11. CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; Promote sexually explicit or pornographic material, violence, or discrimination; Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights; Violate the legal rights of others; Be likely to deceive any person; Promote any illegal activity; Cause annoyance, inconvenience, or needless anxiety; Impersonate any person; Involve commercial activities or sales not authorized by us; or Give the impression that they emanate from or are endorsed by us if this is not the case.

12. RELIANCE ON INFORMATION POSTED

The information presented on or through the Site is made available solely for general information purposes. The information provided does not constitute medical advice or counsel. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site.

13. THIRD-PARTY LINKS

This Site may link to other websites that are not sites controlled or operated by us (collectively, “Third-Party Sites”). You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions than us, and your use of such Third-Party Sites is governed by the respective Third-Party Site policies. We provide links to the Third-Party Sites to you as a convenience, and we do not verify, make any representations, or take responsibility for such Third-Party Sites. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES.

14. LINKING TO THE SITE AND SOCIAL MEDIA FEATURES

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. We may disable all or any social media features and any links at any time in our sole discretion and without notice.

15. FEDERAL AND STATE LAWS

The Site is operated from the United States and is intended for U.S. residents only. The Site is not approved for distribution outside of the United States and non-U.S. residents should not rely or act upon the information contained within.

16. DISCLAIMER OF WARRANTIES

Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. TO THE FULLEST EXTENT PROVIDED BY LAW, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

17. LIMITATION OF LIABILITY

WE CANNOT GUARANTEE THE SITE WILL BE AVAILABLE ONE HUNDRED PERCENT (100%) OF THE TIME. INTERRUPTIONS AND DELAYS IN ACCESSING THE SITE ARE UNAVOIDABLE AND WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE SHALL NOT EXCEED, IN THE AGGREGATE, FIFTY DOLLARS ($50). IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES.

18. INDEMNIFICATION

You agree to indemnify, defend and hold harmless us and, to the extent applicable, our subsidiaries and affiliates, and each of their and our respective directors, officers, shareholders, employees, agents, representatives, clients, contractors and third-party service providers, for any and all losses, claims, demands, actions, liability, fines, penalties and expenses (including reasonable legal fees) that may arise from any of your acts through the use of the Site.

19. COPYRIGHT COMPLAINTS

We respect the intellectual property of others. FAVORITE FAMILY DOC reserves the right to remove any content or any other material or information available on or through our Site, at any time, for any reason. We otherwise comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and respond to clear notices of alleged copyright infringement. If you have objections to copyrighted content or material made available on or through our Site, you may submit a notification to our designated agent at: hello@favoritefamilydoc.com.

20. INJUNCTIVE RELIEF

You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond. For purposes of this Section, you agree that any action or proceeding shall be brought in the state or federal courts located in the County of Nassau, New York.

21. MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER

Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “Questions” section below. In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us to be arbitrated on an individual (non-class) basis. However, both parties retain the right to seek relief in a small claims court for a Claim within the scope of its jurisdiction.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT.

You and we agree that your use of the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA). If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). The applicable AAA rules and other information about arbitrating a claim may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879.

You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at hello@favoritefamilydoc.com and including in the subject line “Rejection of Arbitration Provision.”

22. OTHER TERMS

Merger. These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and us with respect to the Sites.

Severability. If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable.

Survival. The following provisions survive the expiration or termination of these Terms: Disclaimer of Warranties; Limitation of Liability; Indemnification; Copyright Complaints; Injunctive Relief; Mandatory Arbitration; and Other Terms.

Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of New York excluding its conflicts of law rules, and the United States of America.

Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder without our prior written consent. We may freely assign our obligations and rights under these Terms.

No Waiver. No failure, omission, or delay on the part of us in exercising any right under these Terms will preclude any other further exercise of that right.

23. QUESTIONS

If you have any questions or comments about these Terms or this Site, please contact us by email at hello@favoritefamilydoc.com.