TERMS AND CONDITIONS

Welcome to LabtechMD a Fairfax, VA limited liability company. Before using this site, please make sure you have thoroughly read all the terms and conditions of the LabtechMD website https://www.labtechmd.com LabtechMD provides treatment of common ailments by patient andlicensed board certified medical provider communication via the internet, phone or video. This communication is not meant to replace emergency care or your own primary care provider That could be your internist, pediatrician, family practitioner, obstetrician and gynecologist, or any other board certified medical provider. The use of this website is conditioned upon your acceptance of these terms and conditions and by clicking accept you agree that your bound by these terms and conditions and you further agree that you will not use this website for any purpose if you are in disagreement of these terms and conditions. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

Our Terms And Conditions

USE OF THE WEBSITE AND OF SERVICES

LabtechMD provides online health-related information and services, which include arranging for telephone medical consultations, secure email medical consultations and real time, live stream video consultations with participating providers who have independently contracted to be in the network operated by LabtechMD LLC respective LabtechMD, together with electronic medical record storage services for both the patient and the board certified medical provider (collectively, the “Services”). As used in these Terms of Use, references to “LabtechMD” means,LabtechMD LLC respective dba LabtechMD an Washington, DC limited liability company; and “you” or “your” means you, your dependent(s), if any, and any other person accessing your LabtechMD account. These Terms of Use apply to your use of the LabtechMD website and, to the extent referenced, to your registration for, subscription to, and use of the Services. The Services do not include the provision of medical care by LabtechMD. Rather, the Services enable access to board certified medical providers in the LabtechMD network who have agreed to provide medical consultations to patients using LabtechMD’s Services. LabtechMD arranges for the provision of medical care; it does not provide medical care.

Your interaction with the board certified medical provider through the LabtechMD website is not intended to replace your relationship with your existing primary care board certified medical provider. If you do not have an established relationship with a primary care provider, you are encouraged to develop one. Do not disregard medical advice from your regular board certified medical provider or other health care professional because of information provided via LabtechMD.

FEES FOR SERVICES, NO INSURANCE AND NO REFUND POLICY

You are solely responsible for all fees associated with your use of the LabtechMD website. You will be asked to supply credit card information, which will be verified prior to your online visit. You will not be able to use the LabtechMD website to communicate with a board certified medical provider if the credit card information you provide is inaccurate or if your credit card is declined. In order to facilitate payment for your online visit, LabtechMD will share your credit card information and related personal information to its designated credit card payment processor. This information is shared solely for the purpose of collecting the fee. LabtechMD does not currently accept payment from health insurance providers and does not offer a refund option. Any and all fees associated with your use of the LabtechMD website will not be refunded to you under any circumstances.

ELECTRONIC MEDICAL RECORD

Your LabtechMD Electronic Medical Record (“Electronic Medical Record”) is created for you to enter, store and access your personal health information online, including medical history, current conditions, symptoms, complaints, allergies and medications (“Medical History Assessment”), and for your board certified medical providers to record the results of his or her medical consultations with you in accordance with his or her obligations under applicable state and federal law with regard to creating and maintaining your medical record. You agree to provide accurate and complete information for your Electronic Medical Record, to periodically review such information, and to update information that you provide as needed. For additional information regarding use of your Electronic Medical Record, please see the Privacy Notice. It is your responsibility to confirm any third party information in your Electronic Medical Record. NOTE: It is solely your board certified medical provider’s obligation to use and disclose the information included in your Electronic Medical Record in accordance with applicable state and federal law, including, without limitation, obtaining any consents or authorizations that may be required for your information to be shared with other participating board certified medical providers. However, by requesting a diagnostic medical consultation, you agree to disclose the contents of your complete Electronic Medical Record to the board certified medical provider who will conduct your diagnostic medical consultation. All medical consultations are recorded and the audio and video recordings become part of your Electronic Medical Record. Similarly, all emails from secure email medical consultations are saved and become part of your electronic medical record.

PRESCRIPTIONS

Please note that only if you have accurately and fully completed and submitted the Medical History Assessment and conducted a diagnostic medical consultation by telephone or via live stream video, may the board certified medical provider conducting the diagnostic medical consultation prescribe medication for you, as determined appropriate by the board certified medical provider in his/her sole discretion, professional judgment and within legal limitations. Any prescriptions can be called in to a local pharmacy by the board certified medical provider for your convenience. NOTE: No prescriptions for controlled or scheduled medications are available through participating board certified medical providers. You agree that any prescriptions that you acquire from a participating board certified medical provider shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a board certified medical provider or pharmacist if you have any questions regarding the prescription.

ELIGIBILITY TO REGISTER ON THE WEBSITE, SUBSCRIBE TO THE SERVICES AND USE THIS WEBSITE AND/OR SERVICES

You represent and warrant that you are at least 18 years of age and possess the legal right and ability to agree to the terms set forth in these Terms of Use, to use this website, to register on the website, to enroll for the Services and/or to use the Services. Some Services, including, without limitation, access to diagnostic medical consultations by telephone, are not intended to be used by, and are not directed to, anyone less than 18 years of age. If you register for, enroll for, purchase and/or use the diagnostic medical consultation service, you represent you are at least 18 years of age. You represent that if you are acting on behalf of an entity, you have the authority to bind such entity. You also represent that you are not a person barred from enrolling for and/or receiving Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the website and/or the Services is limited to users in the United States. However, recognizing the global nature of the Internet, it may be possible to access and/or use the website and/or the Services outside of the United States. In the event of such access and/or use, you agree to comply with all local rules regarding online conduct and transmission of information, including, without limitation, all applicable laws regarding the transmission of technical data exported from the United States or any other jurisdiction, and you acknowledge that LabtechMD makes no representation or warranty that any of the Services, or any information on the website or transmitted via a Service is lawful in any jurisdiction outside the United States. To register on the website, to subscribe to the Services and to use this website and the Services, you agree: (i) to comply with these Terms of Use; (ii) to fully, accurately and truthfully complete the registration profile, including, but not limited to, your name, mailing address, phone number and email address (which must be valid) (“Personal Contact Information”); (iii) to fully, accurately and truthfully complete any other items requested or required when you use the website or the Services; (iv) to set your Internet browser to accept “cookies” from the website; and (v) that by registering on the website, subscribing to the Services and/or using the website or the Services you are agreeing to opt-in to the receipt of communications, such as newsletters and offers, by mail or email from LabtechMD. If you do not wish to receive such communications, you may opt-out at any time. See “CANSPAM Act Compliance,” below. You consent to: (i) LabtechMD’s disclosure of your Personal Contact Information with agents and employees of LabtechMD and for any other reason described in our Privacy Notice; and (ii) the use of “cookies.” In order to determine your compliance with these Terms of Use and the Notice of Privacy Practices (the “Privacy Notice”), we reserve the right, but not the obligation, to monitor your access to and use of the website and the Services. LabtechMD may, in its sole discretion, refuse to accept your registration or subscription due to noncompliance with any eligibility or subscription requirement.

LIMITATIONS ON USE

You agree not to: (i) access the website or use the Services in an unlawful way or for any unlawful purpose; (ii) post or transmit a message under a false name or any data, materials, content or information (including, without limitation, advice and recommendations) (collectively, “Information”) which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the website or the Services, personal information, software, equipment, servers or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the website or the Services; (v) use robots or scripts with the website; (vi) or attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, Information on or received by this website; or (vii) to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie settings. You further agree that any Information you provide or use on the website, and your use of the website or the Services, will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties. LabtechMD may delete any Information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

YOUR ACCOUNT

You are solely responsible for maintaining the confidentiality of your password and pin number and for all activities that occur under your password and pin number. You agree to prohibit anyone else from using your password and pin number, and to immediately notify LabtechMD in writing of any unauthorized use of your password and pin number, or other security concerns of which you become aware. 8. FRAUD PREVENTION AND SECURITY LabtechMD may contact you by telephone, mail or email to verify your Personal Contact Information. LabtechMD reserves the right to request further information from you and you agree to provide such further information, to ensure you have not fraudulently completed your registration on the website or subscription to the Services. If you do not provide this information to LabtechMD and in the manner requested within fourteen (14) days of such request, LabtechMD may reject your registration and subscription or suspend your registration and subscription until you satisfactorily comply with LabtechMD’s information request.

FRAUD PREVENTION AND SECURITY

LabtechMD may contact you by telephone, mail or email to verify your Personal Contact Information. LabtechMD reserves the right to request further information from you and you agree to provide such further information, to ensure you have not fraudulently completed your registration on the website or subscription to the Services. If you do not provide this information to LabtechMD and in the manner requested within fourteen (14) days of such request, LabtechMD may reject your registration and subscription or suspend your registration and subscription until you satisfactorily comply with LabtechMD information request.

INTELLECTUAL PROPERTY

LabtechMD hereby grants you a limited, revocable, non-transferable and nonexclusive license limited solely to viewing or downloading a single copy of the material on the website and to use the LabtechMD software to the extent necessary to use the Services solely for your personal, noncommercial use. With the exception of your Electronic Medical Records, LabtechMD retains all right, title and interest in and to LabtechMD, the Services and any Information, products, documentation, software or other materials on the website, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for Information on the website licensed by LabtechMD, and in that case, the license provider retains all right, title and interest therein. The information available through the website and the Services is the property of LabtechMD, or if licensed by LabtechMD, the license provider. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate such information to anyone. Use, reproduction, copying, or redistribution of LabtechMD’s trademarks, service marks and logos is strictly prohibited without the prior written permission of LabtechMD. The immediately foregoing sentence also applies to any third party trademarks, service marks and logos posted on the website. Nothing contained on the website should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the website without the written grant thereof by LabtechMD or the third party owner of such trademarks, service marks and logos. The website may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.

CAN-SPAM ACT COMPLIANCE

We are committed to being compliant with the “Controlling the Assault of Non- Solicited Pornography and Marketing Act of 2003” (“CAN-SPAM Act”), and email newsletters and correspondence received from us are intended to fully comply with the CANSPAM Act. In the event you receive an email from us which you do not believe is fully compliant with the CAN-SPAM Act, please contact us immediately at the address listed below under the section “Notices and How to Contact Us.” Click to unsubscribe or opt-out of email communications from LabtechMD at any time or type “unsubscribe” in emails you receive from LabtechMD. NOTE: You cannot opt-out from receiving further communications from LabtechMD if you wish to subscribe to our Services. If you opt-out or unsubscribe while subscribed to our Services, you will become ineligible for the receipt of and use of our Services.

THIRD PARTY WEBSITE.

LabtechMD may provide links to third parties’ websites. Also, if you click on a banner advertisement that appears on one of the pages of the website, you may be transported to a third party’s website and away from this website. These Terms of Use and the Privacy Notice apply to your relationship with LabtechMD only and do not describe the terms of use, privacy policies or other policies of third parties with regard to (but without limitation) the collection, use and disclosure of personally identifiable information and personally identifiable health information. LabtechMD is not responsible for the terms of use, privacy practices, accuracy, copyright compliance, legality, decency or any of the information, products, services or any transmissions received by or through third parties. If you click on a banner advertisement or a link to a third party’s website, you should review the privacy policy of the third party’s website to determine that third party’s practices with regard to the collection, use and disclosure of personally identifiable information and personally identifiable health information. Any link on the website to any third party’s website does not imply an endorsement of the terms or privacy practices of any third party by LabtechMD. Third parties are not authorized to make any representation or warranty on LabtechMD’s behalf. You agree that LabtechMD has no liability, obligation or duty whatsoever for any third party’s terms of use or privacy practices or any third party’s websites and your use or misuse of them. If you wish to suspend email or mail communications from third parties, you must contact them directly.

RIGHT TO CHANGE TERMS OF USE

LabtechMD may, at any time and from time to time, in its sole discretion, change these Terms of Use. Any changes to these Terms of Use will be effective immediately upon posting of the changed Terms of Use on the website. You agree to review these Terms of Use periodically, and your use of the website following any such change constitutes your agreement to follow and be bound by such changed Terms of Use.

TERM AND TERMINATION

These Terms of Use shall commence upon the date you first access the website. Either you or LabtechMD may terminate these Terms of Use and your right to use the Services at any time in writing, with or without cause. These Terms of Use and the licenses granted hereunder shall terminate without notice in the event you fail to comply with the terms of use of these Terms of Use, as revised from time to time. Upon any termination, you shall destroy all copies of LabtechMD Information in your possession and cease any access to or use of the Services. If you terminate these Terms of Use and thereafter access the website, you shall be subject to the Terms of Use posted on the website at that time.

MEDICAL DISCLAIMERS

LabtechMD makes no representation or warranty as to the content of any treatment response from any participating board certified medical provider. Participating board certified medical providers are not employees of LabtechMD; they are independent contractors. You and your board certified medical provider are solely responsible for all information and/or communication sent during a telephone medical consultation, secure email consultation, real time live stream video consultation or other communication. LabtechMD does not guarantee that a telephone medical consultation, secure email consultation, or real time live stream video consultation is the appropriate course of treatment for your particular health care problem. You agree to contact your board certified medical provider immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately.

CONTENT DISCLAIMERS

You should not use Information found on this website to replace a relationship with a board certified medical provider or other healthcare professional and should not rely on the foregoing as professional medical advice. Always seek the advice of a board certified medical provider or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay in obtaining medical advice or disregard medical advice because of something you have or have not read on this website. Neither this site, nor LabtechMD provide medical advice. The board certified medical providers are not employees of LabtechMD and they are directly responsible for the quality and appropriateness of the care they render directly to you. The Information and the Services provided on or through this website are intended solely as a general educational aid and to assist you in finding a board certified medical provider that, subject to his or her professional responsibilities, may or may not provide you with medical advice. The Information and Services are not medical or health care advice for any individual problem or a substitute for medical or other professional advice and services from a qualified health care provider. Nothing contained in this website is intended to be used for medical diagnosis or treatment or construed, directly or indirectly, as the practice of medicine or providing medical services by LabtechMD. Information contained in this website is compiled from a variety of sources and may or may not be considered authored by LabtechMD. LabtechMD makes no representation or warranty as to any such Information. While LabtechMD attempts to keep all the Information on the website up-to-date, medical treatment and knowledge change quickly, and this website should not be considered error-free or as a comprehensive source of all Information on a particular topic. LabtechMD makes no warranties or representations as to the accuracy of the Information in the website, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on this website. Your use of the website is subject to the additional disclaimers and caveats that may appear throughout these Terms of Use and the website. You assume the entire risk of loss in using this website and Information contained on the website. Features and specifications of products or services described or depicted on the website are subject to change at any time without notice. Certain Information about health conditions on this website is provided by third parties, who have not reviewed and do not endorse any information, products, or services other than those clearly marked as being from them. You are responsible for reviewing and complying with all third parties’ terms of use, licenses, policies posted on or linked to and from this website.

GENERAL DISCLAIMERS

YOU ACKNOWLEDGE THAT YOUR USE OR MISUSE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LabtechMD AND ITS MANAGERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, LabtechMD MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED HEREUNDER. WITHOUT LIMITATION OF THE FOREGOING, LabtechMD SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY PARTICIPATING BOARD CERTIFIED MEDICAL PROVIDERS PROVIDING MEDICAL CARE TO SUBSCRIBERS. You acknowledge and agree that we are not responsible for: (i) any printing, typographical or technological errors regardless of the matter, media, material or form thereof; (ii) electronic, human, equipment programming or other error, omission, interruption, defect or delay which may occur regardless of the matter, media, material or form thereof; (iii) incorrect, inaccurate, late, lost, stolen, illegible, incomplete or misdirected matters or information regardless of the matter, media, information or form thereof; (iv) technical failures of any kind; (v) inadvertent loss of Information; and/or (vi) unauthorized human intervention in any part, material or process or otherwise. LabtechMD makes no representations or warranties about the satisfaction of government regulations requiring disclosure of information on prescription drug products or any treatment, action or application or preparation of medication based on information offered or provided through the Services. LabtechMD does not endorse the promotions, products or services of any third parties. LabtechMD does not warrant or validate the information of any third party’s advertisements, promotions, communications, or other materials. LabtechMD does not assume any responsibility or liability for the accuracy of Information contained in the website or as stated above under “Third Party websites.”