Terms of Use | RMT Health Remote Patient Monitoring

RMT Health, LLC

By clicking 'I Accept', You confirm that You have read the Privacy Policy and Terms of Use, that You understand them, and that You agree to be bound by them.

YOU SHOULD CAREFULLY READ THE LINKED TERMS OF USE (“TERMS”), INCLUDING THE RMT HEALTH, LLC PRIVACY POLICY (“PRIVACY POLICY”), BEFORE USING THE RMT HEALTH, LLC PORTAL AND ANY RELATED SERVICES (THE “SERVICES”). BY CREATING AN ACCOUNT AND USING THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ACCEPT THE TERMS, DO NOT LOG IN TO OR USE THE SERVICES.

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

• Any information that We collect through Your use of the Servicesis subject to the Privacy Policy, which is part of these Terms;

• You are at least 18 years old or have been legally emancipated; : and if Your minor child is using the Services, You are the legal parent or guardian of the child(ren) that will use the Services and You agree to allow your child(ren) to use the Services;]

• You understand and agree that these Terms are a legally binding agreement and the equivalent of a signed, written contract;

• You will use the Servicesin a manner consistent with applicable laws and regulations and these Terms, as they may be amended by RMT Health, LLC from time to time; and

• You understand, accept, and have received these Terms and the Privacy Policy, and acknowledge that You can access the Terms at any time at [Custom Text] and the Privacy Policy at any time at [Custom Text].

IF YOU DO NOT AGREE WITH AND ACCEPT THE TERMS AND/OR PRIVACY POLICY, DO NOT USE THE SERVICES AND IMMEDIATELY DELETE ALL FILES, IF ANY, ASSOCIATED WITH THE ACCOMPANYING SERVICES AND MATERIALS FROM YOUR COMPUTER OR MOBILE DEVICE.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION HIGHLIGHTED IN THE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND RMT HEALTH, LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. BY CONTINUING TO USE THE SERVICES, AND UNLESS YOU OPT-OUT, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING info@rmthhealth.com WITHIN 30 DAYS OF ACCEPTING THESE TERMS. Page 2 of 13 Introduction Effective: May 1, 2020 Last Updated: November 2, 2021 These Terms of Use (“Terms of Use” or “Terms”) are a legal contract between you (“You/Your” or “User”) and RMT Health, LLC (“Us” or “We” or “RMT Health”), creators of the RMT Health provider portal (the “Portal”), and govern Your use of the Portal, and all of its content and functionality (collectively, the “Services”). These Terms apply to individuals accessing the Portal. By accepting these Terms of Use and using the Portal, You acknowledge that You have read, understand, and agree to these Terms and Our Privacy Policy. Any capitalized terms not defined in these Terms are defined in the Privacy Policy. IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES. What Is The Provider Portal? Section 1 The Portal is intended to provide a convenient platform for providers to use to facilitate telehealth services, facilitate chronic care management services, and proactively track and analyze their patients’ health condition(s) through pertinent health data collected via remote monitoring devices worn by their patients. It is not intended for use by healthcare providers or patients for continuous patient monitoring in such a way that would allow immediate clinical action in an emergency situation. You may access and use the Portal only in accordance with these Terms, and You agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as Our Privacy Policy. What Are The Services? Section 2 The Services are intended to provide a convenient platform for (1) patients to use to track their treatments and symptoms in real time and communicate that information to their healthcare provider(s), and (2) providers to use to proactively track and analyze their patients’ health condition(s) through pertinent health data (such as vital signs and medication adherence), treatment and medication adherence, and outcomes. It is not intended for use by healthcare providers or patients for continuous patient monitoring in such a way that would allow immediate clinical action in an emergency situation. We do NOT guide medical decision-making THE PORTAL CANNOT AND IS NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE OR SUBSTANTIVELY IMPACT YOUR CLINICIAN-PATIENT RELATIONSHIP WITH OTHER USERS OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES. You may access and use the Services only in accordance with these Terms, and You agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as Our Privacy Policy. Page 3 of 13 We do NOT provide insurance billing services or guarantees While we provide a convenient platform for You to track information that may allow You to provide certain healthcare services that may or may not be reimbursable by federal or state health insurance payors, We are not billing experts, We do not provide billing services, and any information provided to You with respect to billing is for informational purposes only and should not be relied upon or construed to guarantee reimbursement of any services. Who Is Eligible To Use The Services? Section 3 You must register to create an account (“User Account”) and become a “Registered User” to use the Services. To register, You must create a username and provide Your name, Your email address, and other information specified in the registration form (“Registration Data”). You may change or correct information in Your account by contacting RMT Health at info@rmthhealth.com. You agree not to register for a User Account on behalf of an individual other than Yourself unless You are legally authorized to bind such person to these Terms. By registering another person, You hereby represent that You are legally authorized to do so. By registering for an account and using the Services, You represent and warrant: 1. That You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law; 2. Your Registration Data is true, accurate, current, and complete; 3. You will update Your Registration Data as needed to maintain its accuracy; 4. You are authorized to create a User Account (either for Yourself or another person); 5. You acknowledge and agree to the terms of the Privacy Policy; 6. You are legally authorized to view information accessible through the Services; and 7. You are licensed to provide virtual healthcare services through the Services. NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES. THE SERVICES ARE NOT INTENDED FOR EMERGENCY SITUATIONS. IN THE CASE OF AN EMERGENCY WITH ONE OF YOUR PATIENTS, YOU SHOULD CALL 911 OR DIRECT YOUR PATIENT TO CALL 911. IF THE SITUATION IS NOT AN EMERGENCY BUT YOU NEED A PROMPT RESPONSE FROM RMT HEALTH, EMAIL US AT [info@rmthhealth.com]. Page 4 of 13 How Will We Tell You If We Change These Terms? Section 4 With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included at the end of these Terms, RMT Health reserves the right to change or modify these Terms at any time without prior notice to You. If We materially change or modify these Terms, We will let You know by (1) posting a new version of the Terms to the Portal and/or (2) sending You a notification to the email address You provided Us in the Registration Data. If You continue to use the Services after We have let You know that We have made changes, You agree to be bound by the modified Terms. If You do not accept the changes, You should immediately stop using the Services and delete all files associated with the Services on Your computer or mobile device. Who Owns The Services? Section 5 RMT Health owns the Services, including all content and functionality You access through the Portal. Subject to Your compliance with these Terms, RMT Health grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services by accessing the Portal via Your computer or mobile device. THE SERVICES ARE FOR YOUR PERSONAL USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE SERVICES. You may not use the Services for any other purpose than what is allowed under these Terms without Our express written permission. You may not use RMT Health’s name, trademarks, service marks, or logos, or those of third parties appearing on or affiliated with the Services in any advertising or publicity or to otherwise indicate RMT Health’s or such third party’s sponsorship or affiliation with any product or service without express written permission from RMT Health or such third party. You own Your Personal Data (as defined in the Privacy Policy) and any other content You submit on or through the Services (collectively, “Content”). If You are entering someone else’s information into the Portal, You represent and warrant that You have permission to do so. As a condition of providing You the Services, You grant to RMT Health a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use Your Content for the purpose of providing the Services, subject to the restrictions in the Privacy Policy. You also agree to allow Us to de-identify and anonymize Your Content, in accordance with Our Privacy Policy, and to use or disclose such de-identified information for any legal purpose. What Are You Prohibited From Doing With The Services? Section 6 You may use the Services only for lawful purposes and in accordance with these Terms, In addition, We impose certain restrictions on Your use of the Services, which are highlighted below. While using the Services, You shall not: 1. provide false, misleading, or inaccurate information to Us or any other user; Page 5 of 13 2. use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms; 3. impersonate or attempt to impersonate Us, one of Our employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); 4. use or attempt to use any manual process, engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest, monitor, or otherwise collect information from the Portal for any use, including without limitation, use on third-party websites, without Our consent; 5. use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to use the Services; 6. access content or data not intended for You, or log onto a server or account that You are not authorized to access; 7. violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); 8. attempt to probe, scan, or test the vulnerability of the Portal or any associated system or network, or breach security or authentication measures without proper authorization; 9. interfere or attempt to interfere with the use or functionality of the Portal by any other user, host, or network, including, without limitation by means of submitting a virus, trojan horse, worm, logic bomb, or other material which is malicious or technologically harmful, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; 10. forge any TCP/IP packet header or any part of the header information in any email or in any uploading or posting to, or transmission, display, performance, or distribution by means of, the Portal; 11. post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; 12. post, upload, publish, submit, or transmit any content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances; Page 6 of 13 13. exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; 14. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Us, You, or any other third party (including another user) to protect the Portal; 15. attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Us in providing the Services. Any violation of this section may subject You to civil and/or criminal liability; 16. engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by Us, may harm Us or users of the Services or expose them to liability, or otherwise interfere with or attempt to interfere with the proper working of the Portal; 17. [OPTIONAL TEXT: Connect or use the Device(s) with any application or software platform other than the Portal;] or 18. encourage or enable any other individual to do any of the above. We are not obligated to monitor Your use of the Services, but We may do so to ensure Your compliance with these Terms, and to respond to law enforcement or other government agencies if and when We are required to. RMT Health reserves the right to suspend or terminate Your use of the Services without notice to You if You partake in any of the prohibited uses described above. How Should You Protect Your Login Information? Section 7 The Portal is designed to require users to create a username and password to access and use the Services. Your username and password are, collectively, Your “User Credentials.” You are solely responsible for (A) maintaining the strict confidentiality of Your User Credentials, (B) not allowing another person to use Your User Credentials to access the Services, (C) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under Your User Credentials, regardless of whether You were aware of those activities. You agree to immediately notify Us in writing by email of any unauthorized use of Your User Credentials or any other compromise of the security of Your User Account. WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL DATA, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE. You may be held liable for any losses incurred by RMT Health and/or its affiliates, officers, directors, and representatives (“Company Representatives”) due to someone else’s use of Your account or password, regardless of whether You were aware of such use. Page 7 of 13 How Do We Protect Your Privacy? Section 8 We respect Your Privacy and take Our commitment to protect Your Privacy seriously. This commitment is reflected in the way we protect the information You provide to Us. Please see Our Privacy Policy for an explanation of the information that We collect from You and how We use Your information. By clicking “I Agree”, accessing or using the Services, or by downloading, viewing, or uploading any of Our content through the Services, You acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy is a part of these Terms. By using the Services and accepting these Terms, You acknowledge that We may share Your Personal Data with third parties, as described in the Privacy Policy, and will seek Your consent or other authorization before doing so where required by law. You expressly acknowledge and agree that We are neither responsible for nor liable to You or any third party for the treatment of Your Personal Data by any such individual or entity, including any collection, use, disclosure, storage, loss, theft, or misuse of Your Personal Data, whether or not such treatment violates applicable law or the third party’s privacy practices. Computer Equipment and Internet Access Section 9 You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, "Systems") necessary for You to access and use the Services. This includes, without limitation, obtaining internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems. THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS. How Can You Opt-Out Of Receiving Emails From Us? Section 10 In providing the Services, You may receive periodic email communications that are essential to the proper functioning and delivery of the Services (e.g. information regarding your User Account), which are part of the Services, and which You cannot opt out of receiving. When such messages are sent to You via the Portal, You will receive an email alert indicating that a message has been received. You may also receive periodic promotions and other offers or materials We believe might be of interest to You. You can opt-out of receiving these promotional messages at any time by Email Page 8 of 13 Your Representations and Warranties Section 11 You represent and warrant that Your use of the Services will be in accordance with these Terms and all applicable laws, regulations, rules, and any RMT Health policies and procedures We provide to You in writing. Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF YOU ARE SUBMITTING SUCH PERSONAL DATA) WITH US. Warranty Disclaimers & Limitation of Liability Section 12 NO WARRANTIES THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. RMT HEALTH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RMT HEALTH MAKES NO WARRANTY THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RMT HEALTH MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATIONS, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITHIN THE PORTAL AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION PATIENTS AND OTHER AUTHORIZED THIRD PARTIES. WE CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. WE THEREFORE WILL NOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE PORTAL. YOUR RESPONSIBILITY FOR LOSS OR DAMAGE YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD RMT HEALTH OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA. LIMITATION OF LIABILITY YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER RMT HEALTH NOR ANY OTHER COMPANY REPRESENTATIVE INVOLVED IN CREATING, PRODUCING, MAINTAINING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR Page 9 of 13 APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RMT HEALTH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SERVICES. YOU ACKNOWLEDGE THAT IF YOU USE THE SERVICES DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. RMT HEALTH IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION OR GUIDANCE AVAILABLE THROUGH THE SERVICES. RMT HEALTH IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY YOUR NEGLIGENCE OR MISCONDUCT, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, RMT HEALTH’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE. Indemnification Section 13 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RMT HEALTH AND COMPANY REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SERVICES, YOUR VIOLATION OF THIS AGREEMENT, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES THROUGH YOUR ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Feedback License Section 14 We welcome and encourage You to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing Us at info@rmthhealth.com. You acknowledge and agree that if You submit any Feedback to Us, You hereby grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under Page 10 of 13 any and all intellectual property rights that You own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose. Termination of Your Account Section 15 If You breach any of these Terms, We may suspend or disable Your account or terminate Your access to the Services without prior notice to You. There may be other instances where We may need to terminate Your access to the Services that are not related to any of Your actions or inactions. We reserve the right to terminate Your access to and use of the Services at any time, with or without cause. If You wish to terminate Your account, please contact Us at info@rmthhealth.com, immediately discontinue Your use of the Services, and delete all files associated with the Services from Your computer or mobile device. Dispute Resolution Section 15 *PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS* Most user concerns can be resolved quickly and to Your satisfaction by emailing RMT Health support at info@rmthhealth.com. In the unlikely event that our support team is unable to resolve a complaint You may have (or if We have not been able to resolve a dispute with You after attempting to do so informally), including but not limited to any alleged breach of these Terms, You and RMT Health agree to resolve the dispute through binding arbitration in the State of Texas before a single arbitrator, in accordance with the rules and procedures of the American Arbitration Association and the laws of the State of Texas without reference to its conflict of laws provisions. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs and other costs incurred by the party that does not win the dispute. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. Any arbitration will be strictly confidential and neither party will disclose to any person (other than necessary to carry out the arbitration) the existence of the dispute or any aspect of the dispute. This agreement to arbitrate will not preclude You or RMT Health from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or RMT Health from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN THE STATE OF TEXAS; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS. Page 11 of 13 Any claim or dispute arising under these Terms must be initiated for mediation and/or arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed. Exceptions to Agreement to Arbitrate: RMT Health may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Portal or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal disputeresolution process described above. YOU MAY ONLY RESOLVE DISPUTES WITH RMT HEALTH ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS OF USE. Notwithstanding the above, You can decline or “opt out” of the alternative dispute resolution process described above by contacting info@rmthhealth.com within 30 days of first accepting these Terms and stating that You (first and last name) decline this dispute resolution process. YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING-OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS OF USE. If You opt-out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, You hereby submit to the exclusive jurisdiction of any state or federal court sitting in the State of Texas within 25 miles of Missouri City, Texas in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and You hereby waive any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above. General Contract Terms Section 16 These Terms, the Privacy Policy, any other agreements executed between You and RMT Health and any other terms incorporated herein by reference, constitute the entire and exclusive understanding and agreement between RMT Health and You regarding the use of the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between RMT Health and You regarding use of the Services. GOVERNING LAW These Terms shall be governed by the laws of the State of Texas without reference to its conflict of laws provisions. ASSIGNMENT Page 12 of 13 You may not assign or transfer these Terms, by operation of law or otherwise, without RMT Health’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. RMT Health may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. NOTICES Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by RMT Health via email (in each case to the address that You provide); and/or (ii) by posting to the Portal For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from RMT Health electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH RMT HEALTH IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY RMT HEALTH OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE. You shall give any notice to RMT Health by email to: info@rmthhealth.com. Notice to RMT Health shall be effective upon receipt of notice by RMT Health. NO INADVERTENT WAIVER The failure of RMT Health to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of RMT Health. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. SEVERABILITY If any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved. INTELLECTUAL PROPERTY RIGHTS “Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (a) patent rights and utility models, (b) copyrights and database rights, (c) trademarks, trade names, domain names and trade dress and the goodwill associated therewith, (d) trade secrets, (e) mask works, and (f) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world. As between You and Us, all right, title and interest, including all Intellectual Property Rights, in the Services, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by RMT Health or its licensors, vendors and affiliates, as applicable. All rights not expressly granted are reserved by Us. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Page 13 of 13 CONTACTING RMT HEALTH Please feel free to contact Us if You have any questions about the Terms of Use and/or any other documents referenced herein. You may contact Us at info@rmthhealth.com, or at our mailing address: RMT Health, LLC 4502 Riverstone Blvd. Suite 502 Missouri City, TX 77459 DATA SECURITY OFFICER: info@rmthealth.com_________________________ _________________________ _________________________ United States

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