CONSENT TO MEDICAL TREATMENT

1. OVERVIEW
Lifetime App, Inc (“Lifetime”) facilitates a connection for users (“users” or “you”) to obtain certain Health Care Services (“Health Care Services”) from contracted Business Associate Health Care Providers (“Health Care Providers”) via Lifetime’s mobile application, Kyla (“Application” or “Kyla”). At this time, Action Urgent Care, Inc (“Action” or “ACTION URGENT CARE”), whose primary office is in San Jose, CA, is the sole Health Care Provider utilizing the Application.

2. FACILITATIONS AND LIMITATIONS OF HEALTH CARE SERVICES
Health Care Providers use Kyla to facilitate medical treatment via telemedicine or telehealth in the following methods:

Direct Messaging
Health Care Providers may communicate with the user via the Application’s direct messaging functionality. This is the primary method of communication. This method of communication may spur further interactions including video conference, audio communication (including telephone), and store and forward technologies.

Store and Forward Technologies
The user may enter data about themselves through direct or indirect channels which will be shared with the Health Care Provider to augment care.

Video Conference
Health Care Providers may use Kyla to coordinate or host a video conference to complete medical services.

Note that Lifetime does not guarantee the availability of the delivery methods listed above.

IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY OR A POTENTIAL MEDICAL EMERGENCY, PLEASE CALL 911 AND SEEK IMMEDIATE EMERGENCY MEDICAL HELP. The delivery methods of medical treatment on this Application are not appropriate for emergent or potentially emergent medical treatment. The form of medical treatment delivered on this Application may not be appropriate for certain types of patients and conditions. The form of medical treatment delivered on this Application should not substitute or replace primary care. Health Care Providers may discontinue care if they believe that the limitations of telehealth or telemedicine significantly degrade the quality of care for the user.

The Health Care Services provided are not Primary Care services. Because of the limitations inherent within the Application’s delivery model, this Application is not intended to be a Primary Care Provider nor substitute a relationship with a Primary Care Provider.

By using the Application, it is understood that the Health Care Services will be delivered via the methods described above, and that there are limitations to the technology and the process of telemedicine, including the potential for incomplete exchange or loss of information. Also, it is understood that in the course of this medical evaluation, only information that is presented to the Health Care Provider at the exact time of service can be used, and Lifetime, Health Care Providers and affiliates, are not responsible for liabilities related to critical medical information that is omitted by the patient or that is not gathered during the consultation. Good faith attempts to gather medical data will be made by Lifetime and Health Care Providers, but obtaining all relevant data cannot be guaranteed.

As with any medical procedure, there may be potential risks associated with the use of telemedicine and telehealth. These risks include, but may not be limited to:

Information transmitted may not be sufficient (e.g., poor resolution of images) to allow for an appropriate medical decision to be made by the provider.

The provider may not be able to offer medical treatment to the patient using telemedicine equipment nor provide for, or arrange for, any emergency care that may be required.

Delays in medical evaluation and treatment can occur due to deficiencies or failures of the equipment or software.

Security protocols can fail, causing a breach of privacy of confidential medical information.

A lack of access to complete medical records may result in errors in medical judgment.

3. GENERAL TERMS OF HEALTH CARE SERVICES
The alternatives to a telemedicine consultation are clear, and in choosing to participate in a telemedicine consultation, it is understood that some parts of the exam involving physical tests may not be conducted.

Health Savings Accounts, Insurance providers including medicare, medicaid, and medical, or Flexible Spending Accounts are not accepted. Payment is the responsibility of the patient or patient representative.

Workers compensation cases cannot be facilitated with this Service.

If at any time before, during, or after the telemedicine consultation there is concern for a medical emergency, or if the patient’s medical condition is worsening, it is understood that immediate local emergency services will be obtained at the sole discretion and liability of the patient or patient’s guardian.

The patient and / or guardian have the right to inspect all information obtained and recorded during the course of a telemedicine interaction, and may receive copies of this information for a reasonable fee. Such inspection and copying of records shall be subject to Health Care Provider’s or affiliate’s policies and procedures.

The anticipated benefits, diagnoses and results of care from the use of telemedicine cannot be guaranteed. If the medical condition of the patient is not improved, then the patient will seek local emergency care as needed and as decided by the patient or guardian.

It is understood that the patient’s condition may require a referral to a specialist for further evaluation and treatment.

It is understood that medical or medical education services are provided by physicians who are not employees of Lifetime App, Inc, and may not be employees of Health Care Providers. Such physicians are solely responsible for ensuring any medical or medical educational services are provided in compliance with applicable state law and medical license requirements, and within the applicable standard of care. Lifetime App, Inc is not responsible for the delivery of healthcare, or the quality of healthcare delivered by healthcare providers utilizing the Lifetime platform.

It is understood that there are alternatives to using telemedicine or telehealth for medical care needs.

Any and non-emergency questions can be sent directly via the chat functionality within the Application.

4. CONSENT FOR MEDICAL TREATMENT FROM ACTION URGENT CARE VIA APPLICATION

ACTION URGENT CARE is a Health Care Provider utilizing the Application to provide medical treatment services.

I, the individual as identified by first name and last name, hereby authorize ACTION URGENT CARE and whoever they designate as their assistants to medically treat me and perform diagnostic tests including but not limited to radiographs, capture images, and administer treatments as is necessary and that I might be observed by Action medical staff for quality improvement purposes. I also clarify that no guarantee or assurance has been made in the results that may be obtained. I understand and agree that health and accident insurance policies are an arrangement between an insurance carrier and me. I CLEARLY UNDERSTAND AND AGREE THAT ALL SERVICES RENDERED TO ME ARE CHARGED DIRECTLY TO ME AND THAT I AM PERSONALLY RESPONSIBLE FOR PAYMENT. I UNDERSTAND THAT ACTION URGENT CARE WILL NOT BILL INSURANCE FOR SERVICES RENDERED VIA THE APPLICATION. I UNDERSTAND THE GENERAL TERMS OF TELEMEDICINE AND AGREE TO BE TREATED UNDER THESE CONDITIONS.

5. CONSENT FOR TREATMENT OF MINOR.
Those under the age of eighteen (18) years old must have a parent or legal guardian authorize the following agreement: AUTHORIZATION FOR TREATMENT OF MINOR AND AUTHORIZATION FOR MINOR APPLICATION USAGE. Minors must be a minimum of three (3) years old to be eligible for medical treatment.

6. ACKNOWLEDGEMENT OF RECEIPT OF NOTICE OF PRIVACY PRACTICES
I certify that I am aware that the Notice of Privacy Practices describes the types of uses and disclosures of any protected health information that might occur in my treatment, payment of my bills or in the performance of ACTION URGENT CARE health care operations. The Notice of Privacy Practices also describes my rights and ACTION URGENT CARE’s duties with respect to my protected health information. The Notice of Privacy Practices is posted within the Application. ACTION URGENT CARE reserves the right to change the privacy practices that are described in the Notice of Privacy Practices. I may obtain the notice or a revised Notice of Privacy Practices within the Application or by communicating via direct messaging. I certify that I am also aware of the Terms of Services, Notice of Privacy Practices, Authorization to Release Medical Information, and Authorization of Marketing and understand I must agree to all in order to use the Application.

7. ACTION URGENT CARE CONSENT FORM CONTACT POLICY
In order for us to service our account or to collect any amounts you may owe, we may contact you by telephone at any telephone number associated with your account, including wireless telephone numbers, which could result in charges to you. We may also contact you by sending text messages or e-mails, using any e-mail address you provide to us. Methods of contact may include using pre-recorded/artificial voice messages and/or use of an automatic dialing device, as applicable. I/We have read this disclosure and agree that the Lender/Creditor may contact me/us as described above.

8. MARKETING OVERVIEW
Action partnered with Lifetime in an effort to deliver low-cost or no-cost health care services to Application users/ Action patients. To properly fund and scale such a delivery model via the Application, marketing ads must be enabled at all times and delivered to you while you use the Application. Examples of such marketing materials may include but are not limited to: Links, advertisements, videos, articles, games. Examples may also include: Educational content/ materials about pharmaceuticals, health products, health services, foods/ beverages, goods, research studies, companies, events. Marketing materials provided within the Application by Lifetime or Action are for financial remuneration. Note that ACTION URGENT CARE, nor it’s Business Associates may Market towards you without your authorization to do so.

Marketing materials will only be shown to you while you are using the Application or in an effort to encourage regular use of the Application. (This may include email reminders or alerts reminding you to check the Application.) ACTION URGENT CARE, nor its Business Associates, including Lifetime, sell or share your personal Protected Health Information to other companies outside of Business Associates.

General data about Action’s patient population, also known as “population data” may be shared in broad, non-identifiable manners with other companies outside of Business Associates. In this instance, none of your personal health information would be shared and your personal health information will remain confidential.

Action and its Business Associates may aggregate and analyze usage as well as personal, demographical, and medical information about its user population. This aggregation and analysis is essential for providing the very best experience for those using the Application. An example of this would be the analysis of our user population for the most prevalent types of chronic illnesses. If Lifetime identified that a large percentage of users had a certain type of chronic illness, its content team could focus on creating specific content to meet the general needs of the user population. Additionally, Lifetime may work with associates and 3rd party vendors to help serve users with products, targeted pharmaceuticals, material resources and other information that could be useful for the user.

We may also use your geographic location to provide you with specific content and direct you to your closest service providers to the extent permitted by applicable law. For more information about usage of non-identifiable data, please see the Privacy Policy.

Note that marketing materials generated within the Application will be clearly identified with terms such as: “Advertisement”, “Ad”, “Ads”, or “Sponsored”.

9. HEALTH CARE DELIVERY METHODS OVERVIEW
Action Urgent Care provides health care services via several different methods:

1- Traditional in-person health care facilitated at one of our Action Urgent Care clinics.

2- Telehealth- based services facilitated at one of our convenient Action Health clinics.

3- Health Care Services facilitated via the Application.

Each delivery method is unique and may not be appropriate for all patients. Certain delivery methods, specifically Health Care Services facilitated via the Application, require you to opt- into marketing which uses your personal health information. This marketing only occurs while you are using the app. Opting into Marketing is required for the Health Care Services facilitated via the Application model only. Opting into Marketing is not a condition of treatment at ACTION URGENT CARE. You have the right to refuse the Agreement to Marketing. Should you choose to refuse the Agreement to Marketing, Action Urgent Care will gladly treat you at any of our ACTION URGENT CARE Clinics or Action Health Clinics, as appropriate. Note that charges/ fees per visit, acceptance of insurance and hours of operation may differ between delivery methods and locations. Please call us at 408-758-5650 if you need help determining which delivery model is right for you.

10. CONSENT TO OPT IN FOR MARKETING MATERIALS BASED OFF OF MY PROTECTED HEALTH INFORMATION

I consent and opt- in for marketing materials, and hereby agree to allow Action Urgent Care, Inc and its Business Associates, including Lifetime App, Inc, to use my Personal Health Information for Marketing purposes as described in Notice of Privacy Practices.

I understand that I am not required to opt in for marketing materials as a condition to receive health care services from Action Urgent Care and doing so is solely my choice.

I understand that I may choose not to use the Application, and may receive health care services from Action Urgent Care through different channels which do not require me to opt in for marketing materials. These channels are described within the Health Care Delivery Methods Overview section of this document.

I understand that Lifetime and Action receive financial remuneration for the marketing materials within the Application. I choose to opt in for marketing materials, and choose to use the Application for Health Care Services.

I understand that using the Application for Health Care Services does not preclude me from obtaining Health Care Services through others methods from ACTION URGENT CARE.

I understand that it is my right to opt out of the marketing materials at any time. Should I choose to do this, I understand that my treatment can continue through in-person care at Action Urgent Care or through telehealth care at Action Health Clinics.

I understand and accept that charges/ fees per visit, acceptance of insurance and hours of operation may differ between delivery method and location.

I, the user identified, hereby agree to these terms and conditions as set forth in sections 1 through 10 of this Consent to Medical Treatment document and consent to medical treatment.

TERMS OF SERVICE
THIS TERMS OF SERVICE DOCUMENT, AS AMENDED FROM TIME TO TIME (“TERMS” OR “TOS”), ARE A BINDING CONTRACT BETWEEN LifeTime App, Inc, ITS AFFILIATES, AND ITS SUBSIDIARIES WITH RESPECT TO ITS APPLICATION SERVICE (collectively, “Lifetime” or “we” or “our” or “Us”) AND YOU (“you” or “user”, collectively “users”). YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY BEFORE USING THE KYLA APPLICATION (the “Application” or “Kyla” or “Mobile Application” or the “SITE”) AND ANY SOFTWARE, TOOLS, PRODUCTS, SERVICES, FEATURES, OR FUNCTIONALITY MADE AVAILABLE BY LIFETIME (COLLECTIVELY, THE “SERVICE”).

BY USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

1. DESCRIPTION OF SERVICE; MINIMUM AGE REQUIREMENT; LOCATION REQUIREMENT

A. Description of Service.
The Application provides users with four core functionalities: The Application is a lifestyle app that educates, engages, and empowers users to make healthy choices in their life. The Application helps users take action to make the most of their life, their time, their body and their health.

The Application provides and facilitates a connection for users to obtain limited health care services available via communication within the Application (“Health Care Services”) with contracted Health Care Provider Business Associates (“Health Care Providers”).

The Application securely stores user information in order to generate appropriate content, generate recommendations, and generate appropriate marketing materials which can augment interactions with Health Care Providers.

The Application educates users about research-based or experimental studies, activities, tests, or products that deviate from the traditional medical standard of care which may encompass cutting edge, science-based technologies to identify individual health risks, which may create a basis for early detection and prevention of diseases in adults. (“Research Services”).

B. Age Requirement.
You must be at least eighteen (18) years old to use the Service independently. By using the Service independently, you hereby represent that you are at least eighteen (18) years old.

If you are at least fifteen (15) years old but under the age of eighteen (18) years old, you are eligible to use the Application if cosigned by a parent or legal guardian, and specifically invited to use the Application by a parent or legal guardian.

If you are between the age of (3) and (15) years old, you will not be able to use the Application, except for directly under a parent or guardian's personal profile. Those under the age of (3) may not use this Application for medical services.

C. Location Requirement.
The Service may only be used in the state of California.

2. MODIFICATIONS TO TERMS

A. Procedure.
At any time Lifetime may change or update these Terms, which include: (i)-This Terms of Service which includes a privacy policy. (ii)-Notice of Privacy Practices. (iii)-Consent to Medical Treatment. (iv)-Authorization to Release Medical Information. (v)-Authorization of Marketing. (vi)- Authorization for Treatment of Minor and Authorization for Minor Application Usage. We will provide notice to you of any material change or update in the Terms by posting notice to the Service and/or by email. Your continued use of the Service after our notice to you of a change in the Terms means that you have agreed to the amended or updated Terms.

B. Obligation to Stay Current.
We encourage you to check back regularly to review these Terms.

3. MODIFICATIONS TO SERVICE
We reserve the right to change the Application, modify or discontinue, and restrict or block access to, the Service without notice to you. We may modify or remove any Content (as defined below) from the Service at any time without notice to you, including the removal of Content for any reason. Occasionally, there may be information on the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Service or on any related website or Mobile Application is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Service or on any related website or Mobile Application, except as required by applicable local, state, federal or international laws, regulations, or statutes (collectively, “Applicable Law”). No specified update or refresh date applied to the Service or on any related website or Mobile Application should be taken to indicate that all information on the Service or on any related website or Mobile Application has been modified or updated.

4. CONTENT
A. Content Protected by Intellectual Property Rights; No Warranty. Any content available through the Service, including tools, action cards, Mobile Applications, software, text, audio, video, pictures, graphics, music, sound clips, images, and other works of authorship (collectively, “Kyla Content”) is protected by the intellectual property rights of Lifetime, its licensors, or external 3rd parties. Lifetime, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT:

i. THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT; OR

ii. THE SATISFACTION OF ANY LAWS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUGS OR OTHER HEALTH-RELATED PRODUCTS AND SERVICES.

B. Content is not medical advice. The only aspect of the Application which should be construed as medical advice is specified under the Facilitations and Limitations of Health Care Services section of the Consent to Medical Treatment.

5. PRIVACY POLICY
Our Privacy Policy is divided into a traditional Privacy Policy and a Notice of Privacy Practices. Our traditional Privacy Policy is incorporated in these Terms under section 15. Our Notice of Privacy Practices is incorporated with and subject to these Terms. Our Notice of Privacy Practices is found as an attachment page to these Terms, for easy accessibility to you.

6. TERMINATION, SUSPENSION, CANCELLATION
A. Right to Terminate. We may, at any time, without notice to you, terminate, suspend, or block your access to the Service and your Account for any reason including but not limited to:

i. we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of Lifetime our users, or any other person;

ii. requested by law enforcement or other government agencies; or

iii. your Account has extended periods of inactivity.

B. Notice of Termination. If Applicable Law requires us to provide notice of termination, suspension, or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.

C. Reminder to Retain Primary Care. Given that a component of this Application consists of the facilitation of Health Care Services, it is recommended that Users retain all current forms and future forms of personal health care providers including primary care providers while using this Application to ensure the continuity of your medical care should access to the Application become unavailable.

7. MERCHANTS, LINKS
A. Advertisements and Links. The Service may contain advertisements, offers, or other links to websites, Mobile Application or services of third parties that we do not control. Advertisements and other information provided by third parties may not be wholly accurate. Lifetime does not endorse or recommend any of the products or services in advertisements on the Service. Lifetime is not responsible or liable for: (i) the availability or accuracy of such sites or advertisements; or (ii) the content, products or services available from such third parties. The inclusion of any link on the Service does not imply that we endorse the products or services of any third party. You use the links at your own risk. The Privacy Policy is applicable only when you are using the Service. Once you link to another third party service, its privacy statement applies to any personal information you supply.

B. Transactions with Third Parties. Your transactions and other dealings with third party merchants or advertisers that are found on or through the Service, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.

8. DISCLAIMER/ WARRANTIES
A. MEDICAL ADVICE IS PROVIDED SOLELY BY “HEALTH CARE PROVIDERS” VIA PHONE CALL, VIDEO COMMUNICATIONS, OR MESSAGING FACILITATED WITHIN THE SERVICE. THE SERVICE FACILITATES COMMUNICATION WITH HEALTH CARE PROVIDERS, BUT LIFETIME APP, INC DOES NOT PROVIDE DIRECT MEDICAL ADVICE. LIFETIME APP, INC IS A BUSINESS ASSOCIATE OF HEALTH CARE PROVIDERS, AND IS NOT ITSELF A HEALTH CARE PROVIDER. THE SERVICE IS FOR CONSUMER EDUCATIONAL USE AND COMMUNICATION FACILITATION ONLY. WITH THE EXCEPTION OF COMMUNICATION BETWEEN YOU AND HEALTH CARE PROVIDERS, THE SERVICE IS NOT OR SHOULD NOT BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE SERVICE IS PROVIDED TO EDUCATE CONSUMERS ON HEALTH CARE AND MEDICAL ISSUES THAT MAY AFFECT THEIR DAILY LIVES. THIS IS DONE THROUGH A GAMIFIED AND FUN MANNER AS A WAY TO CREATE EXCITEMENT AROUND A MORE HEALTHFUL LIFE. WITH THE EXCEPTION OF COMMUNICATION BETWEEN YOU AND HEALTH CARE PROVIDERS THE SERVICE DOES NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. WE ADVISE USERS TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. WE ADVISE THAT WHILE THE APPLICATION AIMS TO UNDERSTAND WHAT IS APPROPRIATE AND APPLICABLE TO ITS USERS, YOU SHOULD ALWAYS OBTAIN MEDICAL CLEARANCE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE ACTING UPON ANY CONTENT, INCLUDING BUT NOT LIMITED TO: CHANGES OF ANY KIND TO YOUR DIET, USE OF HERBAL OR DIETARY SUPPLEMENTS, CHANGES IN EXERCISE, UTILIZATION OF PRODUCTS THAT COULD AFFECT YOUR BODY, OR GENERAL LIFESTYLE CHANGES OF ANY KIND. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ OR SAW ON THE SERVICE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE. DO NOT USE THE HEALTH CARE SERVICES OFFERED THROUGH THE SERVICE FOR EMERGENT OR POTENTIALLY EMERGENT SITUATIONS.

B. NO ENDORSEMENT. LIFETIME DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICE. RELIANCE ON ANY INFORMATION PROVIDED BY THE APPLICATION, LIFETIME EMPLOYEES, OTHERS APPEARING ON THE SERVICE AT THE INVITATION OF LIFETIME, OR OTHER VISITORS TO THE SERVICE IS SOLELY AT YOUR OWN RISK.

C. YOU ACCEPT THE SERVICE "AS-IS". WE, AND OUR LICENSORS, CANNOT AND DO NOT GUARANTEE OR WARRANT AGAINST ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA OR USER CONTENT. USERS OF THE SERVICE ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO THE APPLICATION FOR THE RECONSTRUCTION OF ANY LOST DATA OR USER CONTENT. LIFETIME PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE”. THAT MEANS THAT THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THE SERVICE IS VOLUNTARY. WE WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIFETIME MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, TOOLS, SOFTWARE, OR CONTENT INCLUDED ON THE SERVICE. LIFETIME MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIFETIME EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR DATA AND USER CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SERVICE. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.

D. 3RD PARTY WEBSITES. THE APPLICATION MAY SHARE LINKS TO 3RD PARTY WEBSITES FOR EDUCATIONAL OR SALES PURPOSES THAT MAY BE OF INTEREST TO YOU. THE LINKS PROVIDED IN THE APPLICATION ARE SOLELY FOR YOUR CONVENIENCE AND TO ENHANCE YOUR EXPERIENCE WITHIN THE APPLICATION. WHEN YOU CLICK ON THESE LINKS YOU WILL BE DIRECTED TO ANOTHER SITE. THESE SITES ARE NOT UNDER THE CONTROL OF LIFETIME. LIFETIME IS NOT RESPONSIBLE FOR THE CONTENT OF THE LINKED THIRD PARTY WEBSITES. LIFETIME IS NOT AN AGENT FOR THESE THIRD PARTIES. LIFETIME DOES NOT ENDORSE THESE PRODUCTS. LIFETIME DOES NOT GUARANTEE THESE PRODUCTS. LIFETIME MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OF THE INFORMATION CONTAINED IN THE LINKED 3RD PARTY SITES. WE SUGGEST THAT YOU ALWAYS VERIFY INFORMATION OBTAINED FROM LINKED WEBSITE BEFORE ACTING UPON THIS INFORMATION. PLEASE BE AWARE THAT THE SECURITY AND PRIVACY POLICIES ON THESE SITES MAY BE DIFFERENT THAN LIFETIME’S POLICIES, SO CAREFULLY READ THIRD PARTY PRIVACY AND SECURITY POLICIES. QUESTIONS OR CONCERNS REGARDING PRODUCTS AND SERVICES OFFERED THROUGH 3RD PARTY WEBSITES SHOULD BE POSED TO THE THIRD PARTY DIRECTLY.

E. LIFETIME- REMAINING AND LIFETIME POINTS (ie LIFETIME EARNED). THE APPLICATION USES A GAMIFIED COUNTDOWN TO PROJECT A REMAINING LIFE FOR USERS AND ASSIGNS LIFETIME POINTS TO USERS WHO COMPLETE CERTAIN TASKS WITHIN THE APPLICATION. LIFETIME MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS INFORMATION ACCURATELY PORTRAYS A REASONABLE ESTIMATE OF WHEN A USER MAY DIE, HOW LONG A USER MAY HAVE LEFT TO LIVE, OR THE QUANTIFIABLE AMOUNT OF REAL- WORLD BENEFIT OR DETRIMENT A USER MAY EXPERIENCE FROM ACTIONS. LIFETIME- REMAINING IS NOT MEDICAL OR SCIENTIFIC INFORMATION. LIFETIME MAKES NO REPRESENTATIONS OR WARRANTIES THAT COMPLETING ACTION CARDS, COMPLETING RECOMMENDED TASKS, PURCHASING RECOMMENDED PRODUCTS, ENGAGING WITH MARKETING MATERIALS OR USING THE APPLICATION IN ANY MANNER WILL ENHANCE THE HEALTH OF THE USER OR EXTEND THE USER’S LIFE. LIFETIME POINTS ASSIGNED TO ACTION CARDS AND RECOMMENDATIONS ARE FOR GAMING PURPOSES ONLY, ARE NOT BASED OFF OF MEDICAL OR SCIENTIFIC INFORMATION, AND SHOULD NOT BE TREATED AS SUCH.

F. INMATES. IF YOU ARE A CURRENT INMATE OF A CORRECTIONAL FACILITY, YOU MAY NOT USE THIS APPLICATION.

G. RESEARCH SERVICES. THE APPLICATION EDUCATES USERS ABOUT RESEARCH- BASED OR EXPERIMENTAL STUDIES, ACTIVITIES, TESTS, OR PRODUCTS THAT DEVIATE FROM THE TRADITIONAL MEDICAL STANDARD OF CARE AND WHICH MAY ENCOMPASS CUTTING EDGE, SCIENCE BASED TECHNOLOGIES TO IDENTIFY ACTIONABLE INDIVIDUAL HEALTH RISKS, WHICH MAY CREATE A BASIS FOR EARLY DETECTION AND PREVENTION DISEASE IN ADULTS. (“RESEARCH SERVICES”). LIFETIME AND HEALTH CARE PROVIDERS DO NOT ENDORSE OR GUARANTEE RESEARCH SERVICES. RESEARCH SERVICES THAT DO NOT REQUIRE A PHYSICIAN ORDER OR REFERRAL ARE STRICTLY BETWEEN YOU AND THE 3RD PARTY VENDOR. LIFETIME AND HEALTH CARE PROVIDERS DO NOT ENDORSE THESE PRODUCTS. LIFETIME AND HEALTH CARE PROVIDERS DO NOT GUARANTEE THESE PRODUCTS. LIFETIME AND HEALTH CARE PROVIDERS MAKE NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OF THE INFORMATION CONTAINED IN THE PROVIDED 3RD PARTY SITES. WE SUGGEST THAT YOU ALWAYS VERIFY INFORMATION OBTAINED FROM 3RD PARTY SITES BEFORE ACTING UPON THIS INFORMATION. PLEASE BE AWARE THAT THE SECURITY AND PRIVACY POLICIES ON THESE SITES MAY BE DIFFERENT THAN LIFETIME’S POLICIES, SO CAREFULLY READ THIRD PARTY PRIVACY AND SECURITY POLICIES. QUESTIONS OR CONCERNS REGARDING PRODUCTS AND SERVICES OFFERED THROUGH 3RD PARTY WEBSITES SHOULD BE POSED TO THE THIRD PARTY DIRECTLY. RESEARCH SERVICES THAT REQUIRE A PHYSICIAN ORDER ARE STRICTLY BETWEEN YOU AND YOUR TREATING PHYSICIAN. DECISIONS ON YOUR CARE AND TREATMENT MUST BE BASED ON THE INDEPENDENT MEDICAL JUDGEMENT OF THE TREATING PHYSICIAN, TAKING INTO CONSIDERATION ALL APPLICABLE INFORMATION CONCERNING YOUR CONDITION SUCH AS INDIVIDUAL AND FAMILY HISTORY, EXAMINATIONS, INFORMATION FROM OTHER TESTS, AND PERSONAL PREFERENCES, IN ACCORDANCE WITH THE STANDARD OF CARE IN A GIVEN COMMUNITY. SOME OF THE RESEARCH SERVICES ARE NOT FDA APPROVED OR CLEARED. THESE PARTICULAR RESEARCH SERVICES ARE ONLY DESIGNED FOR EDUCATIONAL AND RESEARCH PURPOSES AND SHOULD BE BACKED UP BY STANDARD OF CARE METHODS. ADDITIONAL RISKS ASSOCIATED WITH UTILIZING RESEARCH SERVICES INCLUDE PHYSICAL, PSYCHOLOGICAL, AND/OR FINANCIAL RISKS. THESE RISKS MAY OCCUR AS A RESULT OF AN INCIDENTAL, OR “UNEXPECTED” FINDING AS A RESULT OF UTILIZING RESEARCH SERVICES. THE SIGNIFICANCE OF AN INCIDENTAL FINDING AND ITS IMPACT ON YOUR HEALTH MAY OR MAY NOT BE KNOWN. THE RISKS RESULTING FROM UNEXPECTED OR INCIDENTAL FINDS ARE AS FOLLOWS: PHYSICAL RISK: CERTAIN FINDINGS MAY REQUIRE FOLLOW UP WITH A HEALTH CARE PROVIDER OR OUTSIDE HEALTH CARE PROVIDER. FOLLOW UP COULD INCLUDE ADDITIONAL TESTS, WHICH MAY BE INVASIVE. FOLLOW UP IMAGING MAY BE REQUIRED AND COULD BE HAZARDOUS TO YOUR HEALTH. FINANCIAL RISK: IF FOLLOW UP TESTS ARE INDICATED, LIFETIME AND HEALTH CARE PROVIDERS DO NOT COVER THESE COSTS. ADDITIONALLY, THERE IS A CHANCE THAT YOUR INSURANCE WILL NOT COVER THE REQUIRED TESTS. PSYCHOLOGICAL RISKS: BECAUSE SOME RESULTS FROM RESEARCH SERVICES ARE SOMETIMES UNKNOWN AND BECAUSE SOME RESULTS MAY NOT HAVE A LARGE AMOUNT OF CLINICAL EVIDENCE OR ACTIONABILITY, YOU MIGHT EXPERIENCE STRESS, ANXIETY AND PSYCHOLOGICAL DISTRESS FROM UTILIZING RESEARCH SERVICES. USERS ARE NOT REQUIRED TO ENGAGE IN OR UTILIZE RESEARCH SERVICES. ENGAGING IN RESEARCH SERVICES IS COMPLETELY OPTIONAL. YOU FULLY AGREE TO THESE TERMS AND UTILIZE RESEARCH SERVICES AT YOUR OWN RISK AND DO NOT HOLD LIFETIME OR HEALTH CARE PROVIDERS LIABLE FOR ANY DAMAGES EXPERIENCED AS A RESULT OF UTILIZING RESEARCH SERVICES.

H. 3RD PARTY DEVICES. LIFETIME MAY OFFER AND SHIP 3RD PARTY PRODUCTS TO BETTER HELP FACILITATE TELEHEALTH. LIFETIME AND HEALTH CARE PROVIDERS DO NOT ENDORSE THESE PRODUCTS. LIFETIME AND HEALTH CARE PROVIDERS DO NOT GUARANTEE THESE PRODUCTS. LIFETIME AND HEALTH CARE PROVIDERS MAKE NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OF THE INFORMATION CONTAINED IN THE PROVIDED 3RD PARTY PRODUCTS AND RESPECTIVE SITES OF THE PRODUCTS.

I. EKO DEVICES. LIFETIME MAY OFFER SHIPMENT OF EKO PRODUCTS TO DOMESTIC ADDRESSES IN THE CONTINENTAL UNITED STATES TO BETTER HELP FACILITATE TELEHEALTH. THESE EKO PRODUCTS MAY BE SHIPPED AFTER THE USER PAYS A FEE FOR A LIMITED RENTAL OF THE DEVICE. THE FEE IS SUBJECT TO CHANGE AND WILL BE SPECIFIED WITHIN THE APPLICATION. DEVICES ARE RENTED FOR A PERIOD OF THREE (3) WEEKS, BEGINNING ON DATE OF DELIVERY. DEVICES ARRIVING DAMAGED MUST BE REPORTED TO LIFETIME WITHIN ONE (1) DAY OF PRODUCT RECEIPT. USERS MUST SHIP THE DEVICE BACK TO LIFETIME WITHIN THE THREE (3) WEEK RENTAL PERIOD. IT IS THE USER’S RESPONSIBILITY TO ENSURE PROPER PACKAGING, PROPER TRACKING AND ADEQUATE SHIPMENT INSURANCE WHEN SHIPPING THE PRODUCT BACK TO LIFETIME. DAMAGED, LOST, OR UNRETURNED PRODUCTS WILL BE BILLED TO THE USER FOR A FEE OF THREE HUNDRED AND FIFTY DOLLARS ($350.00 USD).

9. EXCLUSION OF DAMAGES; LIMITATIONS OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, MORE THAN FIVE HUNDRED DOLLARS ($500.00 USD).

10. INDEMNIFICATION You agree to hold Lifetime and its Health Care Providers, subsidiaries, affiliates, officers, directors, employees, agents, attorneys, independent contractors, business associates, licensors, experts, content providers, advisors, consultants, vendors, and suppliers, and each of their respective successors and assigns (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys’ fees and expenses, relating to any third party claim arising out of or related to: (i) your access to and use of the tools, software, and other aspects of the Service and the Content; (ii) your violation of these Terms, and any Applicable Law or the rights of another person or party; (iii) any dispute you have with any user of the Service and any dispute you have related to any merchant or advertising found on or through the Service; (iv) Lifetime’s resolution (if any) of any dispute you have with any user of the Service; (v) your improper authorization for Lifetime to collect, use or disclose any User Content provided by you; and (vi) any disclosures made with your permission.

11. COPYRIGHT INFRINGEMENT/ DMCA
A. Procedures to Submit a Notice of Claimed Copyright Infringement. Lifetime has a zero tolerance policy for infringement of copyrights and other intellectual property rights. If you believe in good faith that any Content made available through the Service infringes upon your intellectual property rights, you may submit a notice of claimed infringement to us (a “NOCI”) by providing the following information in writing to our designated copyright agent (listed below) (“Designated Agent”):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property rights that have been allegedly infringed;

2. Identification of the works claimed to have been infringed, or if this is a single notification of a copyright infringement claim covering multiple copyrighted works on the Service, as permitted under the Digital Millennium Copyright Act, 17 U.S.C. 512 (“DMCA”), a representative list of such works on the Service;

3. Identification of the Content that is claimed to be infringing or to be the subject of infringement activity and that is to be removed or access to which is to be disabled, including information reasonably sufficient to permit Lifetime to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and e-mail address;

5. A statement that the complaining party has a good faith belief that the use of the Content is not authorized by the copyright owner or other intellectual property rights owner, its agent, or the law; and

6. A statement made under penalty of perjury that the information in the NOCI is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. LIFETIME Designated Agent can be contacted at the following address:

LifeTime App, Inc
Attn: Kyla Copyright Dept.
1375 Blossom Hill Road
Suite 49
San Jose, CA 95118

You acknowledge that if you fail to comply with all of the above notice requirements of this Section, your NOCI may not be valid. When a complete and proper NOCI is received by the Designated Agent, it is Lifetime’s policy to expeditiously investigate the claim and take appropriate action, as determined by us in our sole discretion. Such action may include without limitation: (i) removing or disabling access to the Content or other material identified in the NOCI; (ii) notifying the applicable Application user that we have removed or disabled access to such material; and (iii) terminating such Application user’s Account. Only notices of suspected intellectual property rights infringement should be sent to the Designated Agent. For all other requests for technical support, feedback, comments, and other communications, please contact Lifetime.

12. LEGAL NOTICES AND PROHIBITED USES
A. NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED YOU MAY VIOLATE FEDERAL LAW IF YOU: (i) INITIATE THE TRANSMISSION TO LIFETIME COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. “CAN-SPAM ACT OF 2003”) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (ii) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.

B. NOTICE RE TRADEMARKS
The trademark Kyla and all other trademarks used in the Service are owned or used under license by LifeTime App, Inc. Kyla is a pending registered trademark of LifeTime App, Inc. in the United States. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Service or in any Kyla Content. All rights are reserved.

C. Prohibited Uses-
In using the Application, you agree not to:
Misrepresent your identity, demographics, signs, symptoms, ailments, affiliation or medical history in any way. Doing so may violate federal and state law and is fraudulent when seeking medical services. You bear all liability related to misrepresentation or fraud;

Send or otherwise transmit to or through the Application any unlawful, infringing, harassing, harmful, threatening, hateful, defamatory, or otherwise objectionable materials of any kind, and material that may cause harm or delay to the Application or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;

Restrict or inhibit any person from using the Application, disclose personal information obtained from the Service or collect information about users of the Application;

Reverse engineer, disassemble or decompile any section or technology on the Application, or attempt to do any of the foregoing;

Gain unauthorized access to the Application, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Sites;

Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Application in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

Send or otherwise transmit to or through the Sites chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;

Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;

Violate any applicable laws or regulations or these Terms and Conditions;

Alter or modify any part of the Content or services offered on the Application; or

Assist or permit any persons in engaging in any of the activities described above.

13. MOBILE SERVICES AND APPLICATION
A. Wireless Carriers. To the extent you access the Application through a mobile device, your wireless carrier’s standard charges, data rates and other fees may apply.

B. Notifications and Messages. By using the Application you agree that we may communicate with you regarding the Application and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Application may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Kyla Account information to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly update your Kyla Account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages, which may not be delivered or may be sent to the person that acquires your old number.

C. Application. Subject to your compliance with these Terms, Lifetime grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Kyla Mobile Application on a mobile device that you own or control and to run such copy of the Mobile Application solely to access the Services for your own personal non-commercial purposes. Furthermore, with respect to any Mobile Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

D. App Stores. You acknowledge and agree that the availability of the Mobile Application and the Mobile Services is dependent on the third party from whom you received the Mobile Application license, e.g., the Apple or Android app stores (“App Store”). You acknowledge that these Terms are between you and Lifetime and not with the App Store. Lifetime, not the App Store, is solely responsible for the Mobile Application and the Mobile Services, the Content thereof, maintenance, support services, and warranty thereof, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). You agree to pay all fees (if any) charged by the App Store in connection with the Mobile Application and the Mobile Services. You agree to comply with, and your license to use the Mobile Application and the Mobile Services is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the App Store’s terms and policies) when using the Mobile Application and the Mobile Services. You acknowledge that the App Store (and its subsidiaries) are third party beneficiaries of these Terms and will have the right to enforce them.

E. Accessing and Downloading the Mobile Application from the Apple App Store. The following applies to any Mobile Application accessed through or downloaded from the Apple App Store:
i. You acknowledge and agree that: (i) these Terms are concluded between you and Lifetime only, and not Apple; and (ii) Lifetime not Apple, is solely responsible for the App Store Sourced Application and Content thereof. Your use of the App Store Sourced Application must comply with the Apple App Store terms of service.

ii. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

iii. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by Applicable Law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Lifetime and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Lifetime.

iv. You and Lifetime acknowledge that, as between Lifetime and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

v. You and Lifetime acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Lifetime and Apple, Lifetime, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

vi. You and Lifetime acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms and the conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

vii. Without limiting any other terms of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

14. NOTICE TO CALIFORNIA USERS AND USERS FROM OTHER JURISDICTIONS.
Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210. By accessing or using the Application, or submitting information (including User Content), you acknowledge that you accept the practices and policies outlined in this Agreement and consent to having your data transferred to and processed in the United States. If you do not agree to these Terms, please do not use the Service. The Service is controlled and operated by Lifetime from the United States. We do not represent or warrant that the Service, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of the Service and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Service, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.

15. PRIVACY POLICY
This Privacy Policy describes what information Lifetime collects about Users and how that information is used.

A. Agreement to this Privacy Policy. Your access to the Sites is subject to your agreement with this Privacy Policy, the Terms of Service, and, when appropriate, Health Care Services Terms- Condition- and Consent, Notice of Privacy Practices, and Authorization to Release Medical Information. By using the site, you expressly agree to the terms of this Privacy Policy and consent to the collection and use of information as discussed in this Privacy Policy.

B. Updates and Changes to this Privacy Policy. Lifetime may update, change, or revise this Privacy Policy regarding the collection of information at any time. Should this Privacy Policy change, Lifetime will give you notice on the website, within the Application and/or via email. Policies become effective immediately upon update unless stated otherwise. By accessing or continuing to use the Sites you agree to such changes.

C. Collection and Use of Information. Lifetime, or third party partners on behalf of Lifetime may collect information, which is collected as you use and interact with the Sites. We may collect information through various means, including but not limited to: via “cookie” technology, IP addresses, and/ or clickstream activities. The Application is inherently designed to understand its users and provide valuable content based off of that understanding. We collect basic information about User’s computers or mobile device including, but not limited to: Geographical location, IP address, operating system, browsing software. We also use Protected Health Information provided by our Health Care Provider Business Associates. This aggregation and analysis is essential for providing the very best experience for Users.

Health Care Providers, such as Action Urgent Care, have partnered with Lifetime in an effort to deliver low-cost or no-cost Health Care Services to Kyla users/ Action Urgent Care patients. To properly fund and scale such a delivery model via the Application, marketing ads must be enabled at all times and delivered to you while you use the Application. Examples of such marketing materials may include but are not limited to: Links, advertisements, videos, articles, games. Examples may also include: Educational content/ materials about pharmaceuticals, health products, health services, foods/ beverages, goods, research studies, companies, events.

Marketing materials will only be shown to you while you are using the Application, or in an effort to encourage regular use of the App. (This may include email reminders or alerts reminding you to check the Application..) Lifetime, nor its Business Associates, including Action Urgent Care, sell or share your personal Protected Health Information to other companies outside of Business Associates.

General data about Action’s patient population, also known as “population data” may be shared in broad, non-identifiable manners with other companies outside of Business Associates. In this instance, none of your personal health information would be shared and your personal health information will remain confidential.

Action and its Business Associates may aggregate and analyze usage as well as personal, demographical, and medical information about its user population. This aggregation and analysis is essential for providing the very best experience for those using the Application. An example of this would be the analysis of our user population for the most prevalent types of chronic illnesses. If Lifetime identified that a large percentage of Application users had a certain type of chronic illness, its content team could focus on creating specific content to meet the general needs of the user population. Additionally, Lifetime may work with associates and 3rd party vendors to help serve users with products, targeted pharmaceuticals, material resources and other information that could be useful for the user.

We may also use your geographic location to provide you with specific content and direct you to your closest service providers to the extent permitted by applicable law. For more information on how Protected Health Information is used please see the Notice of Privacy Practices.

D. Cookies. A cookie is a small text file containing a unique identification number that is transferred from a web server to the end user’s computer. Cookies allow us to personalize your experience with our website and to ensure that no unauthorized users can access our subscribers’ web pages within our service. We do not issue any cookies which enable third parties to track the activities of end users. Most Internet browsers automatically accept cookies, but you can set your browser to refuse them or to alert you when they are being sent.

E. Links. The Application contains links to other sites. Lifetime is not responsible for the privacy practices of other websites. When you leave our site or Application, we encourage you to read the privacy statements of each and every website that you visit to review their use of personally identifiable information. This privacy statement applies solely to information collected at Application, Lifetime’s websites, and its hosted service.

F. Portal The vast majority of content and functionality within the Application requires Users to login to their unique profile. This profile is a secure portal in which Protected Health Information (PHI) is stored. Much of the content available to the user is based off of the user’s PHI. Identifiable User information, PHI, and individualized utilization of the Application are held safe within the Application. Identifiable information is never sold or distributed outside of the Application.

While no web site or mobile Application can guarantee absolute security, Lifetime exercises thorough safeguards within its Application. While we cannot guarantee that loss, misuse, or alteration of data will not occur, physical, technical, and internal safeguards are constantly used to meet or exceed industry standards and keep your PHI confidential.

G. Contact. If you have any questions about this privacy policy or if you feel that Lifetime is not abiding by its posted privacy policy, you can contact us by emailing your questions or concerns via the chat functionality within the Application or mail us at 1375 Blossom Hill Rd. Suite 49 San Jose, CA 95118.

16. ADDITIONAL TERMS
A. Agreement to Conduct Transactions Electronically. All of your transactions with or through the Service may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the Applicable Law allows you to withdraw your consent to conduct transactions electronically, or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.

B. No Agency. These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship.

C. Severance. If any part of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.

D. Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Lifetime. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Lifetime will be null and void. Lifetime has the right to transfer, assign and delegate these Terms to one (1) or more third parties without your permission.

E. Export Limitations. The Service is controlled by us from our offices in the United States of America and is directed to U.S. users. Do not use this Application outside of the U.S. If you access the Service from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Service in violation of U.S. export laws and regulations or the Terms.

F. Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Santa Clara County, CA before three (3) arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction.

G. Waiver of Class Action Rights. By agreeing to these Terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms must be individually asserted.

H. Limitations on Actions. Any action concerning any dispute with respect to the Service must be commenced within three (3) months after the cause of the dispute arises, or the cause of action is barred.

I. Interpretation. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words “include” and “including” are meant to be illustrative and not exhaustive.

J. No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.

K. Waiver of Jury Trial. To the extent permitted by applicable law, the User hereto irrevocably waives all right of trial by jury in any action, proceeding or counterclaim based on, or arising out of, under or in connection with these TERMS, any other Transaction Document, or any matter arising hereunder or thereunder.

L. No corporate use. Corporate entities are not permitted to use the Service.

M. Severance of Authorizations. If any part of the Consent to Medical Treatment, Authorization to Release Medical Information, and Authorization of Marketing is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these documents is given effect to the fullest extent possible.

17. Entire Agreement
These Terms, Consent to Medical Treatment, Authorization to Release Medical Information, Notice of Privacy Practices, Authorization of Marketing, (in some cases) Authorization for Treatment of Minor and Authorization for Minor Application Usage, and any policies and guidelines posted by Lifetime comprise the entire agreement (the “Entire Agreement”) between you and Lifetime with respect to your use of the Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.

18. FURTHER INFORMATION
If you have a complaint, you may contact us at Lifetime’s Legal Department:

LifeTime App, Inc
Attn: Lifetime Legal Dept.
1375 Blossom Hill Road
Suite 49
San Jose, CA 95118

NOTICE OF PRIVACY PRACTICES

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

Action Urgent Care, Inc (“Action” or “Action Urgent Care” or “we”) is a Health Care Provider that is contracted with the Business Associate Lifetime App Inc (“Lifetime”). Action uses Lifetime’s Mobile Application, Kyla (“Application”), to facilitate certain Health Care Services, and enter/ gathers /stores medical information securely into the Application.

This Notice of Privacy Practices describes how Action may use and disclose your protected health information to carry out treatment, payment or health care operations and for other purposes that are permitted or required by law. It also describes your rights to access and control your protected health information. “Protected health information” is information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition and related health care services. We are required to abide by the terms of this Notice of Privacy Practices. We may change the terms of our notice, at any time. The new notice will be effective for all protected health information that we maintain at that time. Upon your request, we will provide you with any revised Notice of Privacy Practices. You may request a revised version by accessing the Application, requesting via Kyla’s chat functionality, or calling the office and requesting that a revised copy be sent to you in the mail or asking for one at the time of your next appointment. This Notice of Privacy Practices describes how Action may use and disclose your protected health information to carry out treatment, payment or health care operations and for other purposes that are permitted or required by law. It also describes your rights to access and control your protected health information. “Protected health information” is information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition and related health care services. We are required to abide by the terms of this Notice of Privacy Practices. We may change the terms of our notice, at any time. The new notice will be effective for all protected health information that we maintain at that time. Upon your request, we will provide you with any revised Notice of Privacy Practices. You may request a revised version by accessing the Lifetime App, requesting via Lifetime’s chat functionality, or calling the office and requesting that a revised copy be sent to you in the mail or asking for one at the time of your next appointment.

Uses and Disclosures of Protected Health Information
Your protected health information may be used and disclosed by the treating physician, Action staff and others outside of our office who are involved in your care and treatment for the purpose of providing health care services to you. Your protected health information may also be used and disclosed to pay your health care bills and to support the operation of Action. Following are examples of the types of uses and disclosures of your protected health information that your Action is permitted to make. These examples are not meant to be exhaustive, but to describe the types of uses and disclosures that may be made by our office. These examples may describe inapplicable circumstances depending on the status of insurance acceptance and fees associated with services.

Treatment: We will use and disclose your protected health information to provide, coordinate, or manage your health care and any related services. This includes the coordination or management of your health care with another provider. For example, we would disclose your protected health information, as necessary, to a home health agency that provides care to you. We will also disclose protected health information to other physicians who may be treating you. For example, your protected health information may be provided to a physician to whom you have been referred to ensure that the physician has the necessary information to diagnose or treat you. In addition, we may disclose your protected health information from time-to-time to another physician or health care provider (e.g., a specialist or laboratory) who, at the request of your treating physician, becomes involved in your care by providing assistance with your health care diagnosis or treatment.

Payment: Your protected health information will be used and disclosed, as needed, to obtain payment for your health care services provided by us or by another provider. This may include certain activities that your health insurance plan may undertake before it approves or pays for the health care services we recommend for you such as: making a determination of eligibility or coverage for insurance benefits, reviewing services provided to you for medical necessity, and undertaking utilization review activities. For example, obtaining approval for a hospital stay may require that your relevant protected health information be disclosed to the health plan to obtain approval for the hospital admission.

Health Care Operations: We may use or disclose, as needed, your protected health information in order to support the business activities of Action These activities include, but are not limited to, quality assessment activities, employee review activities, training of medical students, licensing, and conducting or arranging for other business activities.

We will share your protected health information with third party “business associates” that perform various activities (for example, billing or technical facilitation) for Action. Lifetime is an example of a business associate of Action. Whenever an arrangement between Action and a business associate involves the use or disclosure of your protected health information, we will have a written contract that contains terms that will protect the privacy of your protected health information.

We may use or disclose your protected health information, as necessary, to provide you with information about treatment alternatives or other health-related benefits and services that may be of interest to you. You may contact our Privacy Officer to request that these materials not be sent to you.

Marketing: Action partnered with the Application in an effort to deliver low-cost or no-cost health care services to Application users/ Action patients. To properly fund and scale such a delivery model via the Application, marketing ads must be enabled at all times and delivered to you while you use the Application Examples of such marketing materials may include but are not limited to: Links, advertisements, videos, articles, games. Examples may also include: Educational content/ materials about pharmaceuticals, health products, health services, foods/ beverages, goods, research studies, companies, events. Marketing materials provided by Lifetime or Action within the Application are for financial remuneration. Note that Action Urgent Care, nor it’s Business Associates can Market towards you without your authorization to do so.

Marketing materials will only be shown to you while you are using the Application, or in an effort to encourage regular use of the App. (This may include email reminders or alerts reminding you to check the Application.) Action Urgent Care, nor its Business Associates, including Lifetime, sell or share your personal Protected Health Information to other companies outside of Business Associates.

General data about Action’s patient population, also known as “population data” may be shared in broad, non-identifiable manners with other companies outside of Business Associates. In this instance, none of your personal health information would be shared and your personal health information will remain confidential.

Action and its Business Associates may aggregate and analyze usage as well as personal, demographical, and medical information about its user population. This aggregation and analysis is essential for providing the very best experience for those using the Application. An example of this would be the analysis of our user population for the most prevalent types of chronic illnesses. If Lifetime identified that a large percentage of users had a certain type of chronic illness, its content team could focus on creating specific content to meet the general needs of the user population. Additionally, Lifetime may work with associates and 3rd party vendors to help serve users with products, targeted pharmaceuticals, material resources and other information that could be useful for the user.

We may also use your geographic location to provide you with specific content and direct you to your closest service providers to the extent permitted by applicable law.

Note that marketing materials generated within the Application will be clearly identified with terms such as: “Advertisement”, “Ad”, “Ads”, or “Sponsored”.

Action Urgent Care provides health care services via several different methods: 1- Traditional in-person health care facilitated at one of our Action Urgent Care clinics. 2- Telehealth- based services facilitated at one of our convenient Action Health clinics. 3- Health Care Services facilitated via the Application.

Each delivery method is unique and may not be appropriate for all patients. Certain delivery methods, specifically Health Care Services facilitated via the Application, require you to opt- into marketing which uses your personal health information. This marketing only occurs while you are using the app. Opting- into Marketing is required for the Health Care Services facilitated via the Application model only. Opting into Marketing is not a condition of treatment at Action Urgent Care. You have the right to refuse the Agreement to Marketing. Should you choose to refuse the Agreement to Marketing, Action Urgent Care will gladly treat you at any of our Action Urgent Care Clinics or Action Health Clinics, as appropriate. Note that charges/ fees per visit, acceptance of insurance and hours of operation may differ between delivery methods and locations. Please call us at 408-758-5650 if you need help determining which delivery model is right for you.

Other Permitted and Required Uses and Disclosures That May Be Made Without Your Authorization or Opportunity to Agree or Object. We may use or disclose your protected health information in the following situations without your authorization or providing you the opportunity to agree or object. These situations include:

Required By Law: We may use or disclose your protected health information to the extent that the use or disclosure is required by law. The use or disclosure will be made in compliance with the law and will be limited to the relevant requirements of the law. You will be notified, if required by law, of any such uses or disclosures.

Public Health: We may disclose your protected health information for public health activities and purposes to a public health authority that is permitted by law to collect or receive the information. For example, a disclosure may be made for the purpose of preventing or controlling disease, injury or disability.

Communicable Diseases: We may disclose your protected health information, if authorized by law, to a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading the disease or condition.

Health Oversight: We may disclose protected health information to a health oversight agency for activities authorized by law, such as audits, investigations, and inspections. Oversight agencies seeking this information include government agencies that oversee the health care system, government benefit programs, other government regulatory programs and civil rights laws.

Abuse or Neglect: We may disclose your protected health information to a public health authority that is authorized by law to receive reports of child abuse or neglect. In addition, we may disclose your protected health information if we believe that you have been a victim of abuse, neglect or domestic violence to the governmental entity or agency authorized to receive such information. In this case, the disclosure will be made consistent with the requirements of applicable federal and state laws.

Food and Drug Administration: We may disclose your protected health information to a person or company required by the Food and Drug Administration for the purpose of quality, safety, or effectiveness of FDA-regulated products or activities including, to report adverse events, product defects or problems, biologic product deviations, to track products; to enable product recalls; to make repairs or replacements, or to conduct post marketing surveillance, as required.

Legal Proceedings: We may disclose protected health information in the course of any judicial or administrative proceeding, in response to an order of a court or administrative tribunal (to the extent such disclosure is expressly authorized), or in certain conditions in response to a subpoena, discovery request or other lawful process.

Law Enforcement: We may also disclose protected health information, so long as applicable legal requirements are met, for law enforcement purposes. These law enforcement purposes include (1) legal processes and otherwise required by law, (2) limited information requests for identification and location purposes, (3) pertaining to victims of a crime, (4) suspicion that death has occurred as a result of criminal conduct, (5) medical emergency and it is likely that a crime has occurred.

Coroners, Funeral Directors, and Organ Donation: We may disclose protected health information to a coroner or medical examiner for identification purposes, determining the cause of death or for the coroner or medical examiner to perform other duties authorized by law. We may also disclose protected health information to a funeral director, as authorized by law, in order to permit the funeral director to carry out their duties. We may disclose such information in reasonable anticipation of death. Protected health information may be used and disclosed for cadaveric organ, eye or tissue donation purposes.

Research: We may disclose your protected health information to researchers when their research has been approved by an institutional review board that has reviewed the research proposal and established protocols to ensure the privacy of your protected health information.

Criminal Activity: Consistent with applicable federal and state laws, we may disclose your protected health information, if we believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. We may also disclose protected health information if it is necessary for law enforcement authorities to identify or apprehend an individual.

Military Activity and National Security: When the appropriate conditions apply, we may use or disclose protected health information of individuals who are Armed Forces personnel (1) for activities deemed necessary by appropriate military command authorities; (2) for the purpose of a determination by the Department of Veterans Affairs of your eligibility for benefits, or (3) to foreign military authority if you are a member of that foreign military services. We may also disclose your protected health information to authorized federal officials for conducting national security and intelligence activities, including for the provision of protective services to the President or others legally authorized.

Inmates: We may use or disclose your protected health information if you are an inmate of a correctional facility and your physician created or received your protected health information in the course of providing care to you. Note, inmates may not use this Application.

Workers’ Compensation: We may disclose your protected health information as authorized to comply with workers’ compensation laws and other similar legally-established programs if applicable.

Uses and Disclosures of Protected Health Information Based upon Your Written Authorization: Other uses and disclosures of your protected health information will be made only with your written authorization, unless otherwise permitted or required by law as described below. You may revoke this authorization in writing at any time. If you revoke your authorization, we will no longer use or disclose your protected health information for the reasons covered by your written authorization. Please understand that we are unable to take back any disclosures already made with your authorization.

Other Permitted and Required Uses and Disclosures That Require Providing You the Opportunity to Agree or Object: We may use and disclose your protected health information in the following instances. You have the opportunity to agree or object to the use or disclosure of all or part of your protected health information. If you are not present or able to agree or object to the use or disclosure of the protected health information, then your physician may, using professional judgment, determine whether the disclosure is in your best interest:

Facility Directories: Unless you object, we will use and disclose in our facility directory your name, the location at which you are receiving care, your general condition (such as fair or stable), and your religious affiliation. All of this information, except religious affiliation, will be disclosed to people that ask for you by name. Your religious affiliation will be only given to a member of the clergy, such as a priest or rabbi.

Others Involved in Your Health Care or Payment for your Care: Unless you object, we may disclose to a member of your family, a relative, a close friend or any other person you identify, your protected health information that directly relates to that person’s involvement in your health care. If you are unable to agree or object to such a disclosure, we may disclose such information as necessary if we determine that it is in your best interest based on our professional judgment. We may use or disclose protected health information to notify or assist in notifying a family member, personal representative or any other person that is responsible for your care of your location, general condition or death. Finally, we may use or disclose your protected health information to an authorized public or private entity to assist in disaster relief efforts and to coordinate uses and disclosures to family or other individuals involved in your health care.

Your Rights
The following is a statement of your rights with respect to your protected health information and a brief description of how you may exercise these rights.

You have the right to inspect and copy your protected health information. This means you may inspect and obtain a copy of protected health information about you for so long as we maintain the protected health information. You may obtain your medical record that contains medical and billing records and any other records that used for making decisions about you As permitted by federal or state law, we may charge you a reasonable copy fee for a copy of your records.

Under federal law, however, you may not inspect or copy the following records: psychotherapy notes; information compiled in reasonable anticipation of, or use in, a civil, criminal, or administrative action or proceeding; and laboratory results that are subject to law that prohibits access to protected health information. Depending on the circumstances, a decision to deny access may be reviewable. In some circumstances, you may have a right to have this decision reviewed. Please contact our Privacy Office via the chat function within the Application if you have questions about access to your medical record.

You have the right to request a restriction of your protected health information. This means you may ask us not to use or disclose any part of your protected health information for the purposes of treatment, payment or health care operations. You may also request that any part of your protected health information not be disclosed to family members or friends who may be involved in your care or for notification purposes as described in this Notice of Privacy Practices. Your request must state the specific restriction requested and to whom you want the restriction to apply. Health Care Providers are not required to agree to a restriction that you may request. If your Health Care Provider does agree to the requested restriction, we may not use or disclose your protected health information in violation of that restriction unless it is needed to provide emergency treatment. With this in mind, please discuss any restriction you wish to request with Action.

You have the right to request to receive confidential communications from us by alternative means. We will accommodate reasonable requests. We may also condition this accommodation by asking you for information as to how payment will be handled or specification of an alternative address or other methods of contact. We will not request an explanation from you as to the basis for the request. Please make this request to Privacy Office.

You may have the right to have a physician amend your protected health information. This means you may request an amendment of protected health information about you in a designated record set for so long as we maintain this information. In certain cases, we may deny your request for an amendment. If we deny your request for amendment, you have the right to file a statement of disagreement with us and we may prepare a rebuttal to your statement and will provide you with a copy of any such rebuttal. Please contact our Privacy Office if you have questions about amending your medical record.

You have the right to receive an accounting of certain disclosures we have made, if any, of your protected health information. This right applies to disclosures for purposes other than treatment, payment or health care operations as described in this Notice of Privacy Practices. It excludes disclosures we may have made to you if you authorized us to make the disclosure, for a facility directory, to family members or friends involved in your care, or for notification purposes, for national security or intelligence, to law enforcement (as provided in the privacy rule) or correctional facilities, as part of a limited data set disclosure. You have the right to receive specific information regarding these disclosures that occur after April 14, 2003. The right to receive this information is subject to certain exceptions, restrictions and limitations.

You have the right to obtain a paper copy of this notice from us, upon request, even if you have agreed to accept this notice electronically.

Complaints
You may complain to us or to the Secretary of Health and Human Services if you believe your privacy rights have been violated by us. You may file a complaint with us by notifying our Privacy Office of your complaint. We will not retaliate against you for filing a complaint. You may contact Action if you have any other questions about privacy practices.

Agreement to this Notice of Privacy Practices
I, the user identified, hereby agree to this Notice of Privacy Practices and the terms described in this Notice of Privacy Practices.