# Medzoomer Inc. User Terms of Use Medzoomer, a Corporation organized under the laws of the State of Delaware and headquartered in Tampa, Florida ("Medzoomer" or "we" or "us" or "our") welcomes you. References to Medzoomer include any subsidiaries or affiliates of Medzoomer involved with providing our Services. We invite you to access and use our Services (as defined below), which are made available to you through a variety of platforms, including **medzoomer.com** (our "Website") and our mobile software application known as "Medzoomer" (referred to in these Terms of Use as the "App"), which is accessible through tablets, smart phones, connected televisions, and other devices. Our Website and our App are collectively referred to as our "Platform." Capitalized terms used but not specifically defined in these User Terms of Use have the meanings as set forth in our Privacy Policy or our Partner Terms of Use. Capitalized terms used but not specifically defined in these User Terms of Use or in our Privacy Policy or our Partner Terms of Use have the meanings as set forth in the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act, and their implementing regulations, as amended from time to time (collectively, referred to as "HIPAA"). ## 1. Description of Users and Acceptance of Terms Visitors to our Platform may view our publicly available content. We provide our Services to Users, as defined below, subject to these User Terms of Use. We provide our Services to Partners, as defined below, subject to our Partner Terms of Use, available on our Website. By browsing the public areas of our Platform as a Visitor, or by registering, accessing, or using our Platform or Services as a User, you acknowledge that you have read, understood, and agree to be legally bound by these User Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this "Agreement"). If you do not agree to the terms and conditions of this Agreement, then please do not use our Platform or Services. We reserve the right to modify, replace, or update these User Terms of Use from time to time without notice, and your continued use of our Platform or Services constitutes your agreement to such modifications, replacements, or updates. Through our Platform, we offer on-demand prescription drug delivery services (together, with any related or ancillary services, or any updates, new features, or enhancements to such services, the "Services"). We provide our Visitors, Users, and Partners access to our Platform and Services as described below: - **Visitors.** Visitors can: (i) view all publicly available content on the Platform; and (ii) e-mail us. No registration is required for Visitors. - **Users.** Users can do all the things Visitors can do, and can: (i) create, access, manage, and update User accounts; and (ii) access and use our Platform and Services on their own behalf. Registration is required for Users. - **Partners.** Partners include healthcare providers, pharmacists and pharmacies, and payers. Partners can do all the things Visitors can do, and can: (i) create, access, manage, and update Partner accounts; and (ii) access and use our Platform and Services on behalf of their patients, customers, or members. Registration is required for Partners. Medzoomer is concerned about the safety and privacy of children. For this reason, you must be at least eighteen (18) years of age to use our Platform and Services. Otherwise you may use the Platform and Services only with the involvement of a parent or guardian. By registering, accessing, or using our Platform or Services as a User you represent and warrant that you are a person at least 18 years of age. ## 2. License to Use our App Subject to this Agreement and to any additional terms and conditions related to our App, Medzoomer hereby grants Users, during the term of this Agreement, a limited, non-exclusive, non-transferable, revocable license ("License") to download and install a copy of the App on a single mobile device the User owns or controls, and to run that copy of the App solely for the User’s personal use. ## 3. Fees In consideration for using our Services and the License to use our App, you agree to pay all fees specified by our Platform, as we may, in our sole discretion, change from time to time (the "Fees"). You authorize us to charge your stored payment method in order to collect any Fees due in connection with your use of our Services. ## 4. User Information; Privacy Policy Our Privacy Policy explains how we collect and use your information and how we protect your privacy when you use our Platform and Services. By using our Platform and Services, you agree that Medzoomer may use your information in accordance with our Privacy Policy. ## 5. Using our Platform and Services In addition to complying with these User Terms of Use, you must comply with any additional policies made available to you within our Platform or Services. You may use our Platform and Services, and any content accessed through them, only as permitted by and in compliance with applicable laws, including but not limited to privacy laws, intellectual property laws, and regulatory requirements. ## 6. Intellectual Property Medzoomer and its licensors own and retain all proprietary rights to Medzoomer, the Platform and Services, and all text, images, data, information, and other content (collectively, the "Medzoomer Content") including all intellectual property rights therein, displayed, available, or appearing on the Platform. ## 7. User Generated Content Users may post, create, upload, submit, store, send, or receive content to or through our Platform or Services ("User Generated Content"). You expressly acknowledge and agree that once you submit User Generated Content to or through our Platform or Services, you give Medzoomer a worldwide, royalty-free, perpetual, transferable right and license to use such User Generated Content. ## 8. Limitation of Liability Medzoomer shall not be liable under any circumstances or under any legal theory, whether in tort, contract, or otherwise, with respect to the Platform or Services, for (A) any indirect, incidental, special, consequential, punitive or exemplary damages. ## 9. Dispute Resolution In the unlikely event that Medzoomer is unable to resolve your concerns, you agree that any dispute arising out of or relating to this Agreement or the use of the Platform or Services will be settled by binding arbitration. ## 10. General ### 10.1 Notices All notices under this Agreement shall be in writing and delivered to Medzoomer Inc., Attn: CEO, 601 N. Ashley Dr, Suite 1100-93591, Tampa, Florida 33602. ### 10.2 Severability If any provision of this Agreement is held to be unenforceable, it shall be adjusted rather than voided. ### 10.3 Waiver No failure or delay by Medzoomer to insist upon the strict performance of any term, condition, or covenant of this Agreement shall constitute a waiver. ## Contact Information If you have any questions, concerns, or comments about these User Terms of Use, you may contact us using the information below: Medzoomer Inc. Attn: CEO 601 N. Ashley Dr Suite 1100-93591 Tampa, Florida 33602 **Support@MedZoomer.com** Last Updated: This End User Terms of Use was last updated on July 13, 2020.