Terms of Service

Company: Care Core, Inc. Last Updated: May 10, 2026

PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THESE “TERMS OF SERVICE”) CAREFULLY.

Welcome, and thank you for your interest in Care Core, Inc. (“CareCore,” “Company,” “we,” or “us”), our website at https://carecore.io (“Website”), and any other services or resources that are accessed or enabled via the Website (collectively with the Website, the “Services”). For the avoidance of doubt, with respect to Creators (as defined below), the “Services” shall include the Creator Platform (as defined below).

BY ACCESSING OR USING THE SERVICES IN ANY WAY, INCLUDING BY CLICKING ON AN “I ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, ACCESSING THE SERVICES AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THESE TERMS OF SERVICE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED FOR THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE ANY OF THE SERVICES.

THE SERVICES INCLUDE A PLATFORM AND MARKETPLACE THROUGH WHICH CUSTOMERS MAY ACCESS CARECORE-PROVIDED SERVICES, CREATOR STOREFRONTS, CREATOR CONTENT, PRODUCTS, SUBSCRIPTIONS, AND OTHER OFFERINGS, AND THROUGH WHICH CREATORS MAY MAKE CONTENT, STOREFRONTS, PROMOTIONS, CAMPAIGNS, COMMUNITIES, OR OTHER NON-CLINICAL OFFERINGS AVAILABLE TO CUSTOMERS. CERTAIN OFFERINGS MAY BE FURNISHED BY COMPANY, BY CREATORS, BY INDEPENDENT CLINICAL PARTNERS, PHARMACIES, LABORATORIES, FULFILLMENT PARTNERS, OR OTHER THIRD PARTIES, AS DESCRIBED AT POINT OF SALE OR IN SUPPLEMENTAL TERMS. COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. COMPANY DOES NOT PRACTICE MEDICINE, PRESCRIBE, DISPENSE, COMPOUND, PERFORM LABORATORY TESTING, OR PROVIDE CLINICAL SERVICES. TO THE EXTENT A DISPUTE RELATES SOLELY TO A CREATOR’S CONTENT, COMMUNITY, OR NON-CLINICAL CREATOR OFFERING, YOU AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE FOR THE CREATOR’S CONDUCT, REPRESENTATIONS, OR FAILURE TO PROVIDE SUCH CREATOR OFFERING, EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW OR THESE TERMS.

THESE TERMS OF SERVICE INCLUDE (1) YOUR AGREEMENT THAT OUR LIABILITY REGARDING THE SERVICES IS LIMITED; (2) YOUR AGREEMENT THAT THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY; (3) YOUR CONSENT TO RELEASE US FROM LIABILITY; AND (4) YOUR AGREEMENT TO INDEMNIFY US FOR YOUR USE OF, OR INABILITY TO USE, THE SERVICES.

IF YOU PURCHASE ANY SUBSCRIPTION THROUGH THE SERVICES, ANY AUTOMATIC RENEWAL TERMS, CANCELLATION METHOD, RENEWAL PRICE, RENEWAL PERIOD, AND APPLICABLE REFUND OR NOTICE TERMS WILL BE DISCLOSED AT POINT OF SALE OR IN APPLICABLE SUPPLEMENTAL TERMS.

PLEASE BE AWARE THAT SECTION 17 (ARBITRATION AGREEMENT) CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 17 (ARBITRATION AGREEMENT) INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 17 (ARBITRATION AGREEMENT) ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 17 (ARBITRATION AGREEMENT) CAREFULLY. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

PLEASE BE AWARE THAT SECTION 1.4 (COMPANY COMMUNICATIONS) OF THESE TERMS OF SERVICE, BELOW, ADDRESSES COMMUNICATIONS FROM US, INCLUDING EMAIL AND, WHERE YOU PROVIDE A PHONE NUMBER AND APPLICABLE CONSENT OR AS PERMITTED BY LAW, OPERATIONAL TEXT MESSAGES. MARKETING TEXT MESSAGES REQUIRE SEPARATE CONSENT.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. These Terms of Service and any applicable Supplemental Terms are referred to herein as the “Agreement.”

PLEASE NOTE THAT the Agreement is subject to change by us in our sole discretion at any time. When changes are made, we will make a new copy of these Terms of Service available on or through the Services and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website. We will also update the “Last Updated” date at the top of these Terms of Service. If we make any material changes, and you have registered with us to create an Account (defined below) we may also send an email to you at the last email address you provided to us pursuant to the Agreement. Any changes to these Terms of Service will be effective immediately for new users of the Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing Members (defined below), provided that any material changes shall be effective for Members who have an Account with us upon the earlier of (i) thirty (30) days after posting notice of such changes on the Website; (ii) thirty (30) days after dispatch of an email notice of such changes to Members; or (iii) such Members’ affirmative consent to the updated Terms of Service. We may require you to provide consent to the updated Terms of Service in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS OF SERVICE.

1. SERVICES

The Services consist of the Website and any other products and services made available by Company through or in connection with the Website. Company operates a technology, storefront, payment, customer-experience, administrative, logistics, and coordination platform where (i) Customers (“Customers”) can access premium information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials (collectively, “Content”) made available by Company, Creators (as defined below), Clinical Partners (as defined below), or other third parties; join exclusive members-only communities for Creators (“Communities”); purchase products, services, subscriptions, content, access rights, and other offerings (together, with Creator Content, “Creator Offerings”) through Communities, creator storefronts, Company storefronts, or the Marketplace (as defined below); and interact with Company, Creators, Clinical Partners, vendors, and other Customers; and (ii) Creators can use the Company platform (the “Creator Platform”), as made available by Company on its Website, to operate creator storefronts, provide Creator Content, participate in approved campaigns, make non-clinical Creator Offerings available through the Services, create Communities, and upload and share their Creator Content. Unless expressly approved by Company in a separate written agreement, Creators do not provide medical, pharmacy, laboratory, diagnostic, prescribing, or other regulated clinical services through the Services.

1. License to use the Services. The Services, and the information and content available on the Website are protected by copyright laws. Subject to the terms of this Agreement, Company grants you a limited license to access and reproduce portions of the Services to which you have access for the sole purpose of using such Services for your personal or internal business purposes. Unless otherwise specified by us in a separate license, your right to use any and all Services is subject to the Agreement.

2. Updates. You understand that the Services are evolving. As a result, we may require you to accept updates to any of the Services that you have installed on your computer or mobile device. You acknowledge and agree that we may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.

3. Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services, including the Website; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form) of Company; (c) you shall not use any metatags or other “hidden text” using our name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we may choose to grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update or other addition to the Services shall be subject to the Agreement. Company, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Services terminates the licenses granted by us pursuant to the Agreement.

4. Company Communications. By entering into the Agreement, using the Services, or providing contact information to us, you agree to receive communications from us, including via email and, where you provide a phone number and applicable consent or as otherwise permitted by law, operational or transactional calls or text messages. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the use of the Services; intake, order, appointment, support, safety, compliance, and account reminders; updates concerning new and existing features on the Services; communications concerning promotions run by us or our third-party partners; and news concerning us and industry developments. This Section does not by itself authorize marketing or promotional text messages; marketing text messages require any separate consent required by applicable law. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. If we send text messages, message and data rates may apply, and we will provide any required STOP, HELP, opt-out, frequency, and carrier disclosures in the applicable consent flow or message program.

5. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing or using the Services.

6. Marketplace and Healthcare Offerings. The Services include a marketplace and storefront layer (the “Marketplace”) where Company, Creators, Clinical Partners, pharmacies, laboratories, fulfillment partners, or other third parties may make Creator Offerings or other offerings available to Customers, as described at point of sale, in Supplemental Terms, or in applicable intake, consent, patient, pharmacy, laboratory, or fulfillment materials. Pricing and payment terms, including the specific details with relation to the offering of any Creator Offerings, shall be set forth at point of sale. Creators can also make available unique Creator Content (as defined below) not otherwise available to Members (as defined below) and made available by the Creator only to those Members who subscribe to a Creator Community or otherwise purchase such Creator Content (“Limited Content”). Certain portions of the Marketplace, including certain Limited Content (as defined below) may be accessible only through the Community (as defined below) of a particular Creator. Unless expressly stated at point of sale or in Supplemental Terms, a Creator’s role in a Healthcare Offering is limited to content, education, marketing, storefront presentation, community engagement, administrative cooperation, and other non-clinical platform or campaign activity. The applicable contracting party, seller of record, healthcare provider, pharmacy, laboratory, or fulfillment party for any offering will be determined by the point-of-sale disclosures, Supplemental Terms, applicable intake/consent forms, and any Clinical Partner, pharmacy, laboratory, or vendor terms. Certain Creator Offerings may include access to prescription medications, laboratory or diagnostic testing, or professional consultations provided by licensed clinicians, pharmacies, laboratories, or professional medical corporations (collectively, “Healthcare Offerings”). Company does not itself manufacture, compound, prescribe, dispense, or fulfill any medication, perform any diagnostic testing, diagnose, treat, or provide medical or clinical services. Healthcare Offerings are provided and fulfilled by independent, duly licensed entities, including physicians, pharmacies, laboratories, professional corporations, and other regulated healthcare entities, that have entered into agreements with Company to enable the lawful and compliant provision of such Healthcare Offerings (“Clinical Partners”). Company provides non-clinical technology, administrative, logistical, payment, customer-experience, marketplace, and coordination support functions, including platform management, payment processing, order routing, logistics coordination, non-clinical customer support, and coordination of transactions. All medical care, prescriptions, and laboratory testing are provided exclusively by Clinical Partners operating under their own professional licenses and applicable law.

7. While we may, in our discretion, help facilitate resolution of disputes through various programs or customer-support workflows, we do not control Creator Content, Creator conduct, or Healthcare Offerings provided by Clinical Partners. We cannot control or guarantee the truth or accuracy of Creator Content or any other Creator Offering, the ability of Creators to make Creator Offerings available, the ability of Customers to pay for offerings, or that a Customer and Creator will complete a creator-only transaction. Company does not provide medical or clinical services, does not control professional judgment, and does not personally prescribe, dispense, compound, perform laboratory testing, or provide clinical care. We may provide non-clinical customer support, payment, administrative, logistics, and coordination services for offerings made available through the Services. We do not have control over the quality, timing, legality, failure to provide, or any aspect whatsoever of any reviews provided by Members, Creator Content sold or made available by Creators, or of the integrity, responsibility, or any actions of any Members. Company makes no representations about the suitability, reliability, timeliness or accuracy in public, private or offline interactions. When interacting with other Members you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting offline with other persons whom you don’t know. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES OR YOUR USE OF OR INABILITY TO USE ANY THIRD-PARTY CREATOR OFFERING PURCHASED THROUGH THE SERVICES, EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW OR THESE TERMS.

8. AI Services.

9. Our Services utilize certain publicly available artificial intelligence and deep learning platforms, algorithms and models (“Models”) to generate certain responses, including educational resources and information and potential questions to ask your healthcare provider about your existing conditions (“Outputs”) based on the queries or other Inputs entered by you (“Inputs”) (collectively, the “AI Services”). Inputs are considered Your Content, subject to the Privacy Policy, Consumer Health Data Privacy Policy, any applicable Clinical Partner notices, user-consent flows, and applicable law. Notwithstanding Section 7.4 or any other provision of these Terms, these Terms do not, by themselves, authorize Company or its service providers to use Consumer Health Data, health-intake responses, Clinical Partner communications, product or medication names, or other health-derived Inputs to train or improve machine learning or artificial intelligence models for unrelated model-development purposes, to train third-party provider models, for targeted advertising, sale, or for other secondary purposes, except as disclosed in the applicable Privacy Policy or Consumer Health Data Privacy Policy and supported by any consent or authorization required by law. Company may use Inputs and related information to provide, maintain, secure, personalize, analyze, and improve the Services; generate Outputs requested by you; perform quality, safety, and compliance monitoring; create aggregated, de-identified, or anonymized information; and comply with law, in each case as described in applicable privacy notices, consent flows, Clinical Partner notices, and applicable law. You acknowledge that the Outputs are based on your Inputs, as well as Models and information, and, that Company has no control over any such Inputs, Models or information. Accordingly, all Outputs are provided “as is” and with “all faults”, and Company makes no representations or warranties of any kind or nature with respect to any Outputs, including any warranties of accuracy, completeness, truthfulness, timeliness or suitability. You are solely responsible for your use of your Outputs created through the Services, and you assume all risks associated with your use of your Outputs, including any potential copyright infringement claims from third parties or any disclosure of your Outputs that personally identifies you or any third party. Furthermore, Company will have no liability for the unavailability of any Models, or any third party’s decision to discontinue, suspend or terminate any third-party provided Models. You understand that additional license requirements may apply to certain Models, and will be included in information for such Models as part of your use of the Services and that you must review and comply with such requirements for the Models used.

10. THE AI SERVICES (INCLUDING THE CHATBOT DESCRIBED BELOW) ARE STRICTLY FOR USE TO GAIN ACCESS TO GENERAL EDUCATIONAL HEALTH INFORMATION AND RESOURCES. YOU AGREE THAT YOUR PROMPTS AND YOUR CONTENT WILL BE RELEVANT TO THE PURPOSE OF RECEIVING SUCH EDUCATIONAL HEALTH INFORMATION AND RESOURCES RELATED TO YOUR LEGITIMATE HEALTH QUESTIONS AND CONCERNS AND FOR NO OTHER PURPOSE. Without limiting the generality of the foregoing, as a condition of use, you agree not to (and shall not permit any third party to) Make Available any Content (including any Inputs) or take any action using the Services that: (i) may constitute, contribute to, depict, or encourage a crime, illegal or terrorist activity, or a violation or infringement of any third party’s rights; (ii) is unlawful, harmful, threatening, abusive, harassing, inflammatory, defamatory, libelous, discriminatory, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, vulgar, hateful, or is racially, ethnically, or otherwise objectionable (in our sole discretion); (iii) posts or submits a photograph of another person without that person’s permission; (iv) contains adult content, including obscene, pornographic, and/or sexual terms, descriptions and/or images, nudity, profanity, or graphic violence; (v) may create a risk of, glorify, encourage, or threaten violence, harm, physical or mental injury, emotional distress, death, disability, disfigurement, self-harm, or any other loss or damage to you or any other person or to any animal or to any property; (vi) exploits political agendas or “hot button” issues for commercial use, or that contains hate speech based upon the race, sex, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of an individual or group; (vii) you do not have the right to Make Available or to take under any law under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (viii) harms minors in any way, or solicits or otherwise attempts to gain any information from a minor; (ix) forges headers or otherwise manipulates identifiers in order to disguise the origin of any content or other materials transmitted to or through the Services; (x) attempts to identify any anonymous user; (xi) may constitute the receipt or provision or request of clinical services, including but not limited to the practice of medicine; or (xii) we deem in violation of this Section 1.8 or Section 8.

11. As part of the AI Services, Company provides one or more chatbot or automated response features (“AI Tools”) that respond to user requests using artificial intelligence and machine learning technologies. These may rely on third-party large language models or AI service providers (each, a “Third Party Provider”), including without limitation providers such as OpenAI, Anthropic, Google, or their affiliates. YOU, AND NOT COMPANY, SHALL BE SOLELY RESPONSIBLE FOR YOUR USE OF THESE FUNCTIONS, INCLUDING ANY USE OF THE RESULTS OF ANY SEARCH AND DECISIONS MADE OR ACTIONS TAKEN BASED ON ANY SEARCH YOU MAKE USING THE CHATBOT FUNCTION OR OTHER AI SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY CONDUCT YOU ENGAGE IN AS A RESULT OF THE INFORMATION PROVIDED BY THE CHATBOT OR ANY OTHER AI SERVICES MADE AVAILABLE THROUGH THE SERVICES, INCLUDING BY THIRD PARTY PROVIDERS, IS AT YOUR OWN RISK. BECAUSE CHATBOTS UTILIZE ARTIFICIAL INTELLIGENCE TO COMMUNICATE WITH YOU, OUR CHATBOT(S) MAY PROVIDE INFORMATION THAT IS AN INACCURATE RESPONSE TO YOUR REQUESTS IN ITS INTERACTIONS WITH YOU. YOU AGREE THAT COMPANY WILL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR THE CHATBOT (OR ANY OTHER AI SERVICES MADE AVAILABLE THROUGH THE SERVICES, INCLUDING BY THIRD PARTY PROVIDERS) PROVIDING INACCURATE INFORMATION TO YOU.

2. REGISTRATION

1. Registering Your Account. In order to access certain features of the Services you may be required to become a Member. For purposes of the Agreement, a “Member” is a Customer, Creator, or other user who has registered an account (“Account”).

2. Registration Data. In registering an Account on the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You may not share your Account or password with anyone, and you agree to notify us immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account as a Creator or as a Member at any given time. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by us, or if you have been previously banned from any of the Services. Company may require you to provide additional information and documents at the request of any competent authority, in order to help Company comply with applicable law, regulation, or policy, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism, or otherwise in Company’s sole discretion. Company may also require you to provide additional information and documents in cases where it has reasons to believe that (x) your Account is being used for money laundering or for any other illegal activity; (y) you have concealed or reported false identification information and other details; or (z) transactions effected via your Account were effected in breach of this Agreement. In such cases, Company, in its sole discretion, may pause or cancel your transactions until such requested additional information and documents have been reviewed by Company and accepted as satisfying the requirements of applicable law, regulation, or policy. If you do not provide complete and accurate information and documents in response to any such request from Company, Company may refuse to provide any Limited Content, product, service, and/or further access to the Services to you.

3. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Company.

3. CUSTOMER TERMS

The provisions in this Section 3 shall apply solely with respect to Customers.

1. Using the Services.

2. Purchasing Offerings. When buying or accessing a Creator Offering, Healthcare Offering, Company offering, or other offering through the Services, you agree that:

3. You are responsible for reading the full item listing, point-of-sale disclosures, applicable Refund and Return Policy, Supplemental Terms, and any applicable Clinical Partner, pharmacy, laboratory, fulfillment, privacy, consent, or patient-facing terms and conditions (including any restrictions) before making a commitment to buy or access the applicable offering.

4. In the event of a dispute with respect to any offering purchased or received by you, you will initiate such dispute through the support or dispute process identified by Company or the applicable seller, Clinical Partner, pharmacy, laboratory, fulfillment partner, or Creator within three (3) days of delivery, initial access, or discovery of the issue giving rise to the dispute, or within any longer period required by applicable law or the applicable point-of-sale policy.

5. You enter into a legally binding commitment to purchase or access an offering when you commit to buy or access the applicable offering. The applicable contracting party, seller of record, healthcare provider, pharmacy, laboratory, or fulfillment party may be Company, a Creator, a Clinical Partner, a pharmacy, a laboratory, a fulfillment partner, or another third party, as described at point of sale or in applicable Supplemental Terms.

6. Unless Company is expressly identified as seller of record, we do not transfer legal ownership of physical items from the applicable seller, Clinical Partner, pharmacy, laboratory, fulfillment partner, or Creator to the Customer.

7. Uniform Commercial Code §2-401(2) applies to the transfer of ownership of physical Creator Offerings between the applicable seller and Customer unless the applicable seller and Customer agree otherwise.

8. Accessing Limited Content. Certain purchases of Creator Offerings may be used to “unlock” various goods, rights, and other privileges on or through the Services, including without limitation Limited Content. The Creator offering any Creator Offering shall set forth at point of sale the terms applicable to each Creator Offering, as well as any goods, services, rights, or Limited Content to which the purchaser of such Creator Offering is entitled and any limitations applicable thereto.

9. Accessing Communities. Creators can use the Services to develop Communities and offer Customers access to such Communities. Each Community has unique access requirements, and some parts of a Creator’s Community may be open to all users. Customers may be able to purchase a subscription to gain access to a Community. Once you join a Community, you may have access to certain Creator Content, including Limited Content. A Creator may also enable you to access and use Third-Party Websites and/or Third-Party Applications (as defined below) through such Creator’s Community. The Creator determines the terms applicable to such Creator’s Community in Creator’s sole discretion.

10. LIMITATIONS OF SERVICES. WHILE CERTAIN OFFERINGS MAY INVOLVE ACCESS TO INDEPENDENT LICENSED HEALTHCARE PROFESSIONALS OR HEALTHCARE PARTNERS, COMPANY AND THE CREATOR PLATFORM ARE NOT THEMSELVES MEDICAL PRACTICES, PHARMACIES, LABORATORIES, OR CLINICAL PROVIDERS, AND NON-CLINICIAN CREATORS ARE NOT AUTHORIZED TO PROVIDE CLINICAL SERVICES THROUGH THE SERVICES. EXCEPT FOR MEDICAL, PHARMACY, LABORATORY, OR OTHER PROFESSIONAL SERVICES PROVIDED BY A CLINICAL PARTNER UNDER SEPARATE CLINICAL, PATIENT, PHARMACY, LABORATORY, OR PROFESSIONAL TERMS, THE SERVICES, AND ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES (INCLUDING CREATOR CONTENT), ARE NOT INTENDED TO PROVIDE MEDICAL, PSYCHOLOGICAL, OR OTHER CLINICAL ADVICE TO USERS AND ARE PROVIDED FOR INFORMATIONAL, ADMINISTRATIVE, PLATFORM, OR SUPPORT PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT COMPANY DOES NOT PROVIDE ANY MEDICAL, PSYCHOLOGICAL, OR OTHER CLINICAL ADVICE OF ANY KIND OR MAKE ANY MEDICAL, PSYCHOLOGICAL OR OTHER CLINICAL DECISIONS. THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR OTHER CLINICAL ADVICE, DIAGNOSIS, OR TREATMENT FROM AN APPROPRIATE LICENSED CLINICAL PARTNER OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. ALWAYS SEEK THE ADVICE OF YOUR PRIMARY CARE PHYSICIAN OR OTHER MEMBERS OF YOUR CARE TEAM WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL, MENTAL, PSYCHOLOGICAL, OR OTHER HEALTH CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL OR CLINICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF AN INTERACTION YOU HAVE HAD THROUGH THE SERVICES OR BECAUSE OF INFORMATION OR CONTENT YOU HAVE ACCESSED THROUGH THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT REGARDLESS OF ANY INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICES, COMPANY DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY, EFFICACY, VERACITY, COMPLETENESS, APPROPRIATENESS, OR SAFETY OF ANY INFORMATION OR RESOURCES RECEIVED OR PROVIDED OR MADE AVAILABLE BY THE SERVICES OR OTHERWISE THROUGH THE SERVICES, INCLUDING THROUGH THE CREATOR PLATFORM. COMPANY DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, CLINICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION OR RESOURCES MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THROUGH THE CREATOR PLATFORM. THE COMPANY PARTIES DO NOT THEMSELVES PROVIDE SERVICES TO YOU REQUIRING PROFESSIONAL LICENSURE OR QUALIFICATIONS (E.G., PHYSICIAN OR OTHER MEDICAL OR PSYCHOLOGICAL PROFESSIONAL SERVICES) AND THE SERVICES PROVIDED BY COMPANY DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL, PSYCHOLOGICAL OR OTHER CLINICAL ADVICE OR OPINION. THE SERVICES ARE NOT INTENDED FOR EMERGENCY USE. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911, CONTACT A CARE TEAM MEMBER OR SEEK IMMEDIATE OR OTHER APPROPRIATE EMERGENCY ATTENTION. IF YOU ARE SUICIDAL OR ARE EXPERIENCING SUICIDAL THOUGHTS, IMMEDIATELY CALL THE NATIONAL SUICIDE PREVENTION LIFELINE AT 988. IF YOU ARE OUTSIDE OF THE UNITED STATES, PLEASE CONTACT YOUR LOCAL CRISIS LINE: www.iasp.info/crisis-centres-helplines/.

11. No Physician-Patient Relationship with Company or Creators. YOUR USE OF THE SERVICES DOES NOT CREATE A PATIENT OR LICENSED MEDICAL PROFESSIONAL RELATIONSHIP, PHYSICIAN-PATIENT PRIVILEGE, PSYCHOTHERAPIST-PATIENT PRIVILEGE, OR DOCTOR-PATIENT CONFIDENTIALITY BETWEEN YOU AND ANY OF THE COMPANY PARTIES OR BETWEEN YOU AND ANY CREATOR OR OTHER MEMBER. If you separately receive services from a Clinical Partner, a patient-provider or other professional relationship may be formed between you and that Clinical Partner only under the Clinical Partner’s own professional terms, consents, notices, and applicable law. Company does not control, direct, or supervise the professional or clinical judgment of any licensed healthcare professional, pharmacy, or diagnostic laboratory. Any prescriptions, diagnostic orders, or treatment recommendations available through the Services are issued or performed solely by independent third-party providers or affiliated professional entities (each, a “Clinical Partner”), who are exclusively responsible for compliance with all applicable professional and regulatory requirements. Privacy practices for Consumer Health Data, protected health information, and other health-related information are described in applicable privacy notices, including Company’s Privacy Policy, Company’s Consumer Health Data Privacy Policy, and any notices provided by Clinical Partners, pharmacies, laboratories, or other healthcare parties. You are urged and advised to seek the advice of your primary care physician or other members of your care team with any questions you may have regarding your physical or mental health, or any other information or resources that may be referenced, discussed, or offered under the Services, including any Creator Content. You represent to us that you are not using the Services or participating in any of the activities offered by the Services for the purpose of seeking emergency medical attention. If any information you receive or obtain through the Services (including from any chatbot or AI feature) is inconsistent with medical advice received from your physician or other member of your care team, you agree to follow the advice of your physician or other Care Team member.

4. CREATOR TERMS

The provisions in this Section 4 shall apply solely with respect to Creators. Approved Creators may be required, before storefront activation or payout eligibility, to accept a short Creator Addendum and applicable Creator Payout Terms, each incorporated by reference when accepted by the Creator, to govern creator-program participation, creator-specific data-use restrictions, payout rules, and campaign-specific terms.

1. License; Services.

2. Your License from Company. Subject to your compliance with the terms of the Agreement, Company grants you a limited, non-exclusive, non-sublicensable and nontransferable right to access and use the Creator Platform.

3. Company’s License from You. You grant to Company the non-exclusive, worldwide, royalty-free, sublicensable right and license to use the trademarks, service marks, publicity rights, privacy rights, names, images, likenesses, biographical details, indicia of identity, and logos specified by you (“Creator Marks”), as well as your Creator Content, in connection with (i) your use of the Creator Platform and the making available of Creator Offerings; (ii) other tools and services enabled by or through your Community; (iii) any advertising and/or promotional activities for the Creator Offerings and/or Services that Company, in its sole discretion, elects to undertake; and (iv) Company’s advertisement and promotion of itself and its products and services, as well as in connection with exercising Company’s rights hereunder. All uses of Creator Marks will inure to your benefit.

4. Listings and Storefront Materials. You are responsible for the accuracy, legality, and content of Creator Content, listing materials, storefront materials, marketing materials, and any Creator Offering that you are permitted to create, edit, control, or make available through the Services. Without limiting the foregoing, you are responsible for ensuring that your listings, storefront materials, Creator Content, and Creator Offerings comply with the Payment Processor Terms and all Company policies at all times. If you participate in a Company, Clinical Partner, pharmacy, laboratory, or Healthcare Offering workflow, you may use only Company-approved or Clinical Partner-approved language and materials and may not state or imply that you are the seller, provider, prescriber, pharmacy, laboratory, or clinical decision-maker unless Company expressly authorizes that role in a separate written agreement. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances).

5. Refunds and Returns. If you are the seller of record for, or otherwise control fulfillment of, a Creator Offering, you are responsible for including with each listing or otherwise on your storefront a detailed policy with respect to your process for accepting returns and issuing refunds, as applicable (your “Refund and Return Policy”). You represent and warrant that you will comply with your Refund and Return Policy as listed at the time any applicable item is offered for sale or purchased by a Customer. For Company offerings, Healthcare Offerings, Clinical Partner offerings, pharmacy or laboratory services, or other offerings not controlled by you, the applicable point-of-sale policy, Company policy, Supplemental Terms, Clinical Partner terms, pharmacy/laboratory policy, or applicable law will govern refunds, returns, cancellations, and related support obligations.

6. Legal Compliance. You are responsible for ensuring that your use of the Creator Platform, Creator Content, storefront materials, claims, promotions, and any Creator Offerings you create, control, or make available complies with applicable law, including without limitation the FTC’s Mail, Internet, or Telephone Order Merchandise Rule (16 CFR Part 435), advertising and endorsement laws, consumer-protection laws, health-product advertising rules, and any Company policies or approved-language requirements. Without limiting the foregoing, if you independently ship physical items purchased by a Customer through the Creator Platform, you agree to ship such physical items within seven (7) calendar days of the order date unless a different delivery timeline is clearly disclosed and permitted by applicable law.

7. Healthcare Regulatory Compliance. If any Creator Offering includes, is bundled with, is marketed in connection with, or otherwise references access to a Healthcare Offering (including but not limited to prescription medications, diagnostic tests, or clinical consultations), Creator represents and warrants that: (a) Creator will not provide medical, pharmacy, laboratory, diagnostic, or other regulated professional services through the Services except to the extent Creator is independently licensed and expressly authorized under a separate written agreement approved by Company and, where applicable, the relevant Clinical Partner; (b) any associated licensed professionals, professional entities, pharmacies, or laboratories hold and maintain all licenses, registrations, permits, accreditations, and certifications required under applicable federal, state, and local law to furnish the applicable Healthcare Offerings; (c) Creator will not direct, control, interfere with, or be compensated for clinical judgment, prescribing, dispensing, laboratory testing, eligibility determinations, medical-necessity decisions, or the content of any provider-patient relationship; and (d) Creator will use Company-approved or Clinical Partner-approved language where required and will submit health-related marketing, claims, campaigns, educational content, or storefront materials for review when Company or a Clinical Partner requires review. Creators are responsible for ensuring that their health-related Creator Content and related activities comply with applicable professional and regulatory obligations, including those governing telehealth, prescribing, advertising of medical products or services, endorsements, testimonials, and disease/therapeutic claims. Company does not itself manufacture, compound, prescribe, dispense, test, diagnose, treat, or provide medical or clinical services, and no provision of this Agreement shall be construed as creating any agency, employment, partnership, professional-services, medical-practice, pharmacy, laboratory, or joint-venture relationship between Company and any Creator, licensed professional, pharmacy, laboratory, or professional entity.

8. Creator Compensation; No Referral, Prescribing, or Clinical-Service Compensation. Creator compensation, if any, is for marketing, content, platform, educational, administrative, or campaign services only, as specified in the applicable Creator Payout Terms, Creator Addendum, campaign addendum, or other separate written agreement. No compensation is paid for, or intended to induce or reward, prescribing, medical decision-making, clinical services, medical judgment, referrals to licensed care, insurance-covered services, consults, lab interpretation, pharmacy fulfillment, dose escalation, or the volume or value of professional medical services. Creator shall not state or imply that Creator can influence prescribing decisions, clinical eligibility, physician judgment, pharmacy fulfillment, or medical outcomes.

9. Authenticity. You are responsible for the authenticity of any physical Creator Offering made available by you through the Creator Platform and that such Creator Offerings offered have not been reproduced, substituted, altered or otherwise knowingly mismarked, misidentified or misrepresented to be an authentic item from the original manufacture.

10. We strive to create a marketplace where Customers can find what they are looking for. Therefore, the appearance or placement of listing in search and browse results will depend on a variety of factors, including, but not limited to: (i) Customer’s location, search query, browsing sites, and history; (ii) a listing’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query; (iii) Creator’s history, Creator’s rating and feedback; and (iv) Number of listings matching the Customer’s query. To drive a positive experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the Customer.

11. End User Support. You acknowledge and agree that you are responsible for providing support to end users in connection with your Creator Content, Communities, Creator-controlled storefront materials, and any Creator Offering for which you are the seller of record or otherwise control fulfillment or delivery. Company may provide technical, payment, administrative, customer-experience, logistics, or coordination support for the Services, Company offerings, Healthcare Offerings, Clinical Partner workflows, pharmacy/laboratory workflows, and other platform transactions, but has no obligation to provide support to you except as expressly stated in a separate written agreement. Subject to Company’s applicable Privacy Policy, Consumer Health Data Privacy Policy, Creator Addendum, procedures, and user-consent flows, Company may make available to you limited information provided to Company by end users in connection with Creator Offerings or creator storefront activity, such as names, email addresses, usernames, order status, attribution, payout, support, or product/order information, solely to the extent made available by Company and reasonably necessary for approved CareCore storefront, attribution, payout reconciliation, customer support, campaign, or platform functions. Company has no independent obligation to collect such information from end users. Clinical notes, intake responses, lab results, prescription details, contraindications, eligibility determinations, dose changes, and provider judgment information are not available to Creators by default unless Company approves a specific consented workflow.

12. Customer Disputes. If a dispute relates solely to Creator Content, a Creator Community, or a Creator Offering for which you are the seller of record or otherwise control fulfillment or delivery, you are responsible for reasonably cooperating with Company and the Customer to resolve the dispute. If a dispute relates to a Company offering, Healthcare Offering, Clinical Partner workflow, pharmacy or laboratory service, payment processing issue, refund, chargeback, fraud review, compliance hold, or other platform transaction, Company may manage or coordinate the dispute, refund, credit, reversal, support workflow, or information request in its discretion, subject to applicable law, point-of-sale disclosures, Supplemental Terms, and any Clinical Partner, pharmacy, laboratory, or Payment Processor rules. Company may recoup, offset, hold, reverse, or withhold Creator Payouts or settlement amounts as described in this Agreement, the applicable Creator Addendum, Creator Payout Terms, campaign addendum, or other written agreement. You shall have no recourse against Company in connection with disputes between you and a Customer except as expressly provided in those documents or required by applicable law.

13. Promotion; Material Connection and Advertising Disclosures. You are solely responsible for ensuring that your use of the Creator Platform and all marketing and promotional activity that you undertake in respect thereof complies with all applicable laws, rules, and regulations. Creator acknowledges that Creator’s relationship with Company, including compensation, free or discounted products or services, platform benefits, campaign fees, or other value provided by Company, may constitute a material connection under the FTC Endorsement Guides and other advertising laws. Creator shall clearly and conspicuously disclose this relationship in any content, communication, endorsement, recommendation, review, link, promotion, or advertisement that references, recommends, reviews, promotes, or links to Company, the Services, a Creator storefront, or products available through the Services. Disclosures must be hard to miss, understandable to the intended audience, and placed close to the relevant endorsement or promotional claim. Creator remains responsible for disclosures in Creator’s external content, including social media, videos, podcasts, newsletters, livestreams, websites, and paid ads.

14. Disclaimers. THE CREATOR PLATFORM IS OFFERED “AS IS” AND “WITH ALL FAULTS.” COMPANY MAKES NO WARRANTIES REGARDING YOUR ENJOYMENT OF THE CREATOR PLATFORM. YOU ACKNOWLEDGE THAT THE CREATOR PLATFORM IS EXPERIMENTAL, HAS NOT BEEN GENERALLY RELEASED, AND MAY CONTAIN DEFECTS AND DEFICIENCIES THAT COMPANY CANNOT OR WILL NOT CORRECT, AND THAT SHALL HAVE NO OBLIGATION TO CONTINUE OFFERING THE CREATOR PLATFORM OR TO RELEASE ANY PART OF THE SERVICES AS A FINAL PRODUCT.

15. Indemnification by Creator. CREATOR SHALL INDEMNIFY AND HOLD HARMLESS Company, ITS AFFILIATES AND THEIR RESPECTIVE REPRESENTATIVES (THE “Company Indemnitees”) FROM AND AGAINST, AND SHALL COMPENSATE AND REIMBURSE EACH OF THE Company Indemnitees FOR, ANY EXPENSES INCURRED AND/OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY SUFFERED AT ANY TIME BY ANY OF THE Company Indemnitees OR TO WHICH ANY OF THE Company Indemnitees MAY OTHERWISE DIRECTLY OR INDIRECTLY BECOME SUBJECT AT ANY TIME AND WHICH ARISE DIRECTLY OR INDIRECTLY FROM OR AS A RESULT OF, OR ARE DIRECTLY OR INDIRECTLY CONNECTED WITH: (A) ANY ACT OR OMISSION ATTRIBUTABLE TO THE FURNISHING OF (OR THE FAILURE TO FURNISH) ANY CREATOR IP OR LIMITED CONTENT, OR INVOLVING ANY THIRD PARTY IN CONNECTION WITH THE LISTING, BUYING, SELLING OR ACCESSING OF ANY CREATOR OFFERINGS HEREUNDER, INCLUDING WITHOUT LIMITATION ANY END USER DISPUTES; (B) ANY BREACH OR INACCURACY OF ANY OF THE REPRESENTATIONS AND WARRANTIES MADE BY CREATOR; (C) ANY BREACH OR NON-PERFORMANCE OF ANY COVENANT OR AGREEMENT MADE BY CREATOR; (D) ANY CREATOR IP, INCLUDING CLAIMS THAT ANY SUCH CREATOR IP INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; (E) CREATOR’S USE OR MISUSE OF ANY PERSONAL INFORMATION; (F) CREATOR’S USE OR MISUSE OF THE Company PLATFORM; OR (G) any claims arising from or related to the use of any song(s).

16. Survival. Notwithstanding anything to the contrary herein, any obligations of Creator incurred prior to termination, including without limitation any obligations to end users of the Creator Platform incurred in connection with the offering and/or sale of Creator Offerings hereunder, shall survive the expiration or earlier termination of this Agreement. In the event of Creator’s material failure to perform Creator’s obligations as set forth in the foregoing sentence, whether before or after termination of this Agreement, no further payments shall be made to Creator by Company.

5. PURCHASE TERMS; PAYMENT

1. Additional Onboarding Information. Company reserves the right, but has no obligation, to request additional information from Members (including Customers and Creators) to verify your identity in order to comply with laws and regulations governing payments, safeguard the integrity of the Services, and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions or other applicable law. Information that Company may request, or seek to confirm, may include your full legal name, mailing address, phone number, date of birth, and a form of government-issued identification, medical licenses, and certifications. Company reserves the right to require Creators to submit an application for review and approval by Company before accessing the Services.

2. Creator Platform Fees; Creator Payout Terms. Unless otherwise set forth on the Creator Platform, in the applicable Creator Addendum or Creator Payout Terms, or in another separate written agreement between Company and the applicable Creator, Company may charge or retain platform fees, markups, or other amounts as consideration for access to and use of the Creator Platform and Services (the “Creator Fee” and, together with any other fees charged to Registered Users, the “Fees”). Any Creator compensation, bonus, campaign fee, product/SKU payout, platform payout, or other amount payable by Company or through the Creator Platform to Creator (collectively, “Creator Payouts”) is governed by the then-current written or dashboard-accessible CareCore Creator Payout Terms applicable to Creator’s account, approved program status, storefront, eligible products, campaigns, and territory (the “Creator Payout Terms”), or by a short Creator Addendum, campaign addendum, or other separate written agreement signed or electronically accepted by Company and Creator. The Creator Payout Terms may specify eligible products or product groups, fixed payout amounts or ranges, effective dates, payout-term/matrix versions, attribution rules, order-status requirements, hold periods, payout cycles, minimum payout thresholds, tax onboarding requirements, and any campaign-specific conditions. Company may use a standard fixed product/SKU, product-group, or route schedule, and any non-standard campaign economics may be governed by a separate written addendum. Unless the applicable Creator Payout Terms states otherwise, no Creator Payout is earned until the applicable customer order is eligible, captured or settled, not cancelled, not fraudulent, and not subject to a refund, chargeback, compliance hold, tax-documentation hold, platform-integrity hold, or other hold described in this Agreement or the Creator Payout Terms. Company may update Fees and the Creator Payout Terms from time to time. Updated Fees or Creator Payout Terms apply prospectively as of the stated effective date unless expressly stated otherwise. Company will not retroactively reduce Creator Payouts already earned under the applicable Creator Payout Terms except for refunds, chargebacks, fraud, attribution error, duplicate payment, Creator breach, compliance violation, customer cancellation, legal or regulatory requirement, or manifest calculation, payment, or platform error. Company will make commercially reasonable efforts to provide prior notice of material adverse changes affecting products active on Creator’s storefront, except where immediate changes are reasonably necessary for legal, regulatory, safety, product availability, pharmacy/vendor, platform-integrity, fraud-prevention, or error-correction reasons. Continued use of the Services after the effective date of an updated Fee or Creator Payout Terms constitutes acceptance of the updated terms. Unless Company expressly designates information as public or creator-facing, Company is not required to disclose provider or pharmacy costs, product margins, underwriting assumptions, internal payout formulas, affordability caps, non-public campaign terms, or other Company economics. SKU-level payout schedules, campaign terms, and non-public product economics are Company Confidential Information unless otherwise stated in writing.

3. Customer Payments. Customers are obligated to make payment upon purchase of an offering through the Services, including for any applicable shipping fee, taxes, applicable third-party fees, and additional fees listed. The applicable contracting party, seller of record, healthcare provider, pharmacy, laboratory, fulfillment party, or payee may be Company, a Creator, a Clinical Partner, a pharmacy, a laboratory, a fulfillment partner, or another third party, as described at point of sale, in Supplemental Terms, or in applicable intake, consent, patient, pharmacy, laboratory, or fulfillment materials. For creator-only offerings, Customers may contract directly with the applicable Creator. For Healthcare Offerings, any medical, pharmacy, laboratory, or other regulated professional service is provided by the applicable Clinical Partner, pharmacy, laboratory, or regulated entity, not by Company or a non-clinician Creator. Company facilitates transactions through hosting the Services and by providing methods to facilitate payment for offerings as described below. All payments must be made through the Services unless Company expressly authorizes another payment method. Company’s Payment Processor (defined below) will charge the authorized payment method Customer specifies at the time of purchase or as otherwise specified by Customer in Customer’s Account. Customer may make payment for a purchase through the Services via then-currently accepted payment methods (e.g., ACH, debit card, credit card, Paypal, etc.), which are subject to change from time to time in Company’s and Payment Processor’s sole discretion. You further agree to provide accurate and complete information in order for Company or Payment Processor to receive, process, and disburse payments made through the Services.

4. Payment Processing Services. Payments for purchases made by the Customer are processed by Company and its third-party payment services providers (“Payment Processors”) to facilitate the applicable transaction, including, where applicable, payment to Company, settlement of amounts to Creators, payment or coordination with Clinical Partners, pharmacies, laboratories, fulfillment partners, or vendors, and deduction of any amounts owed to Company. Company uses Stripe, Inc. and its affiliates as its Payment Processor for payment services (e.g., card acceptance, Creator settlement, and related services). Company may replace any of its Payment Processors without notice to Creator or Customer. By making use of some or all of the payment services on the Platform, you agree to be bound by Company’s policies and the Payment Processor’s policies, user agreements, terms and conditions. Stripe’s terms and conditions are available at https://stripe.com/ssa, https://stripe.com/legal/connect and https://stripe.com/ssa, https://stripe.com/us/privacy (collectively, the “Payment Processor Terms”). Customer hereby consents and authorizes Company to share information and payment instructions provided to Company with the applicable Creator, Clinical Partner, pharmacy, laboratory, fulfillment partner, vendor, and Payment Processor(s) to the extent reasonably necessary and permitted under Company’s applicable Privacy Policy, Consumer Health Data Privacy Policy, user-consent flows, and applicable law to provide payment services, complete applicable transactions, support refunds, chargebacks, tax, fraud-prevention, compliance, and dispute workflows, and provide the Services. The Payment Processor may also be contacted directly for payment support. Company reserves the right to change Payment Processors at any time, and will notify Creators in the event of such a change.

5. Appointment of Company as Limited Payments Agent. To the extent a Creator is the seller of record for a Creator Offering, is otherwise entitled to settlement of customer payment proceeds through the Creator Platform, or has accepted a Creator Addendum, Creator Payout Terms, campaign addendum, or other written agreement that expressly uses this limited-payments-agent structure, Creator hereby appoints Company as its limited payments agent for the sole purpose of receiving, holding, and settling applicable payments or Creator Payouts to Creator through the Services, less any amounts owed to Company or subject to holds, offsets, reversals, or other conditions under this Agreement. Company, through its Payment Processor, will settle applicable payments actually or constructively received by Company to Creator, less any amounts owed to Company, including fees and other obligations, as set forth in this Agreement, the applicable Creator Addendum, Creator Payout Terms, campaign addendum, or other written agreement. Creator agrees that a payment actually or constructively received by Company, on behalf of Creator and in a transaction where Creator is the applicable seller or payee, satisfies the Customer’s obligation to make payment to Creator for Customer’s purchase through the Creator Platform, regardless of whether Company or the Payment Processor actually settles such payment to Creator. If Company does not settle any such payments as described in this Agreement to Creator, Creator will have recourse only against Company (or the Payment Processor, as applicable) and not the Customer, as payment is deemed made by Customer to Creator upon constructive or actual receipt of funds by Company. In accepting this appointment as the limited payments agent of Creator, Creator agrees that Company assumes no liability for any acts or omissions of Creator, and Creator understands that the obligation of Company or its Payment Processor to settle funds or Creator Payouts to Creator is subject to and conditional upon the Customer’s actual payment, the terms of this Agreement, and any applicable Creator Addendum, Creator Payout Terms, campaign addendum, Payment Processor rule, refund, chargeback, compliance hold, tax hold, platform-integrity hold, legal or regulatory requirement, or other applicable condition. This appointment does not make Creator the provider of clinical services, pharmacy services, laboratory services, or Healthcare Offerings unless expressly stated in a separate written agreement approved by Company and the applicable Clinical Partner or regulated entity.

6. Disbursement to Creator. Company will disburse applicable Creator Payouts or settlement amounts through the Payment Processor to Creator to the Account associated with the payout information designated by the Creator within sixty (60) days of the end of the month in which the applicable funds were received, captured, settled, or otherwise became eligible for payout under this Agreement, the applicable Creator Addendum, Creator Payout Terms, campaign addendum, or other written agreement. If payment is made to Creator in error, or if Creator receives funds that Creator is not otherwise entitled to receive at the time of disbursement, Company has the right to recoup such amounts from the Creator, including without limitation by initiating a debit or charge to any account (including any credit card) provided by Creator in connection with the Services. Company may also offset against funds pending settlement to Creator any sums due, or reasonably likely to become due, to Company pursuant to this Agreement. In some cases, settlement of the payment processing proceeds could be temporarily delayed by an issue at Company, the Payment Processor, Customer’s or Creator’s designated financial institution, a Clinical Partner, pharmacy, laboratory, fulfillment partner, vendor, compliance review, or another platform workflow. Company is not obligated to refund any Fees or reimburse any expenses due to delayed settlements. In addition, Creator’s designated financial institution’s settlement and account crediting procedures may at times cause delays in the crediting of funds to Creator’s linked bank account and Company does not have control over these delays.

7. Refunds. Subject to applicable law, point-of-sale disclosures, Supplemental Terms, Company policies, and any applicable Clinical Partner, pharmacy, laboratory, fulfillment, Payment Processor, or Creator policies, Company has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, to correct any errors made by Company or a Creator, to address safety, clinical, operational, fulfillment, customer-support, regulatory, or compliance issues, or where Company otherwise determines that a refund, credit, cancellation, or reversal is appropriate, in each case in Company’s sole discretion. Company reserves the right to, and Creators expressly acknowledge and agree that Company may, recoup the amount refunded by offsetting it against any amount pending settlement or payable to Creator.

8. Chargebacks and Holds. In the event that a Customer submits a chargeback request to its bank or financial institution in connection with a purchase through the Services, Company will use commercially reasonable efforts to promptly inform the affected Creator where the chargeback relates to that Creator’s Creator Content, Creator Offering, storefront, attribution, payout, or settlement. Creator agrees to provide evidence reasonably requested by Company regarding the Creator Offering, Creator Content, marketing claims, disclosure compliance, support communications, fulfillment, delivery, or other facts relevant to the chargeback, including tracking information where Creator controlled physical-item shipment, within three (3) days of being informed by Company of the chargeback or such longer period as Company permits. If a chargeback request is submitted by a Customer before amounts are settled or paid to Creator as described in this Section, Creator agrees that Company may hold the settlement or Creator Payout until the chargeback dispute is determined by the Customer’s card issuer or other payment processor (including the Payment Processor), and if the chargeback dispute is warranted, Company will not settle or pay any such funds for the transaction at issue to the Creator. Creator also agrees that Company reserves the right to manage the risks associated with providing the Creator Platform by placing restrictions on the settlement or payment of funds to Creator when Company deems it is necessary at its sole discretion, including as necessary to comply with law or mitigate fraud or abuse of the Services. For example, a hold may be placed if Company has reason to believe there is an increased risk associated with a certain Creator Platform transaction, such as if a Customer files a dispute or requests a return, or if you are a new Creator or there have been prior complaints or disputes relating to the Creator’s transactions, claims, content, support, or storefront activity. Further, Company may temporarily withhold all or any portion of funds pending settlement or payment to Creator if Company, in its sole discretion, determines such action is necessary to secure payment for, performance of, and/or assurances regarding any liabilities, obligations, or indebtedness Creator may have incurred with Company or any Customer. For the avoidance of doubt, Company will withhold all amounts payable to Creator until the sooner of (i) the date on which such amounts meet or exceed one hundred U.S. Dollars ($100), and (ii) the effective date of termination of this Agreement by or with respect to Creator. If Creator experiences a refund or chargeback rate in excess of two percent (2%), Creator agrees that Company may hold in reserve an amount equal to fifty percent (50%) of Creator’s current funds pending settlement or payment for 90 days on a rolling basis to offset the potential cost of future refunds or chargebacks. If Creator experiences a refund or chargeback rate in excess of five percent (5%), Creator’s Account may be suspended, terminated, or otherwise subject to additional conditions or fees.

9. Taxes. The amounts paid under this Agreement do not include any Sales Tax that may be due in connection with any Services provided under this Agreement. If Company determines it has a legal obligation to collect Sales Tax from a user in connection with this Agreement, Company shall collect such Sales Tax in addition to the amounts required under this Agreement. If any Services, or payments for any Services, under the Agreement are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Company for any liability or expense Company may incur in connection with such Sales Taxes. Upon Company’s request, you will provide it with official receipts issued by the appropriate taxing authority, or such other evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

6. RESPONSIBILITY FOR CONTENT

1. Types of Content. You acknowledge that all Content shall be the sole responsibility of the party from whom such Content originated. This means that you, and not Company, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available (“Make Available”) through the Services (“Your Content”), and that you and other Members of the Services, and not Company, are similarly responsible for all Content that you and they Make Available through the Services (“User Content”). User Content includes, without limitation, Creator Content.

2. No Obligation to Pre-Screen Content. You acknowledge that we have no obligation to pre-screen Content (including, but not limited to, User Content), although we reserve the right in our sole discretion to monitor, pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring, subject to the Privacy Policy, Consumer Health Data Privacy Policy, any applicable Clinical Partner notices, user-consent flows, and applicable law. Except as set forth in those notices, consent flows, and applicable law, you acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Company pre-screens, refuses or removes any Content, you acknowledge that Company will do so for Company’s benefit, not yours. Without limiting the foregoing, we shall have the right to remove any Content that violates the Agreement or that we otherwise determine in our sole discretion is objectionable.

3. Storage. Unless expressly agreed to by us in writing elsewhere, we have no obligation to store any of Your Content that you Make Available on the Services. Company has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that we retain the right to create reasonable limits on our use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits as determined by us in our sole discretion.

7. OWNERSHIP

1. Services. Except with respect to Your Content and User Content, you agree that Company and our licensors own all rights, title and interest in the Services (including but not limited to, any computer code, themes, objects, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, and Company software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any of the Services.

2. Trademarks. Company and all related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Company and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.

3. Your Content. Company does not claim ownership of Your Content. However, when you post or publish Your Content on, in, or through the Services, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.

4. License to Your Content. Subject to any applicable account settings that you select, the Privacy Policy, Consumer Health Data Privacy Policy, any applicable Clinical Partner notices, user-consent flows, and applicable law, you grant Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the following purposes: (i) to operate, maintain, and provide the Services to you and to other Members; (ii) to improve and enhance the Services (including AI features or “AI Services”) and develop new products or services; and (iii) to use aggregated, de-identified, anonymized, or derived forms of Your Content for analytical, research, quality, safety, testing, evaluation, and service-improvement purposes, including to test, evaluate, and refine machine learning or artificial intelligence models used in connection with the Services, in each case only to the extent disclosed and permitted by applicable privacy notices, consent flows, and applicable law. This license does not, by itself, authorize Company or its service providers to use Consumer Health Data, health-intake responses, Clinical Partner communications, product or medication names, or other health-derived Your Content for unrelated model-development purposes, third-party provider model training, targeted advertising, sale, or other secondary purposes except as disclosed in the applicable Privacy Policy or Consumer Health Data Privacy Policy and supported by any consent or authorization required by law. Unless otherwise set forth in a written agreement between you and Company, Company does not receive any right or title to any of Your Content that you submit, post, or otherwise share through the Services. Please remember that other Members may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Company, are responsible for all of Your Content that you Make Available on or in the Services. Any Content posted by you on or through the Services may not contain nudity, violence, sexually explicit, or offensive subject or otherwise as determined by Company in its sole discretion. You may not Make Available a photograph of another person without that person’s permission. As a Creator, you may impose restrictions on your use of the Creator Content by Customers who access or purchase such Creator Content, including Limited Content. However, you are solely responsible for imposing such restrictions on the applicable Customers and enforcing such restrictions. Company will have no liability with respect to a Customer’s access to and use of the Creator Content purchased by such Customer.

5. Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other area on the Services, you hereby expressly permit us to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.

6. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Company through our suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Company’s business.

8. USER CONDUCT

As a condition of use, you agree not to use the Services for any purpose that is prohibited by this Agreement or by applicable law.

1. Restrictions. You shall not (and shall not permit any third party to) (a) take any action or (b) Make Available any Content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane or otherwise in violation of Company’s then-current acceptable use policies; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk email; (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes without our prior written consent; (v) impersonates any person or entity, including any employee or representative of Company; (vi) interferes with or attempt to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by this Agreement; or (vii) attempts to engage in or engages in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services.

2. User Content. You may only use any User Content, in accordance with the terms of this Agreement and with the terms of any additional right or license granted expressly by the Creator of such User Content and, in the case of Limited Content, as set forth at point of sale and solely if as applicable to you as a Customer. In all cases, except as expressly permitted by this Agreement: (i) you may not sell, resell, or encumber your rights in any User Content; (ii) you may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any User Content; (iii) you may not edit, change, modify, or create any derivative work of any User Content or assist or encourage any third party to do so; and (iv) you agree that we may terminate all or part of your licenses to User Content at any time for any reason, including for any breach of this Agreement. In the event that we terminate your license to any User Content, you must promptly remove all copies of such User Content in your possession or control, including on any social media platform, and take any other action we reasonably request to assist in locating and removing the User Content, including identifying each recipient of such User Content.

3. Marketplace Restrictions. The value of the Services rests in its thriving marketplace for Creators and Customers. You acknowledge and agree that it is a material breach of this Agreement to arrange for the sale of Limited Content from, or the payment of fees to, Creators outside the context of the Creator Platform for the purposes of circumventing the obligation to pay Company’s Fees.

9. INTERACTIONS WITH OTHER USERS

1. User Responsibility. You are solely responsible for your interactions with other Members and any other parties with whom you interact; provided, however, that we reserve the right, but have no obligation, to intercede in such disputes. You agree that Company will not be responsible for any liability incurred as the result of such interactions.

2. Content Provided by Other Users. The Services may contain User Content provided by other Members. Company is not responsible for and does not control User Content. Company has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to, User Content. You use all User Content and interact with other Members at your own risk.

3. Release. Company expressly disclaims any liability that may arise between users of its Services to the fullest extent permitted by law. Some portions of the Marketplace and Services may function as a venue for connecting Customers with Creators, user content, communities, Clinical Partners, pharmacies, laboratories, fulfillment partners, vendors, or other third parties. Because Company is not involved in every interaction, communication, clinical encounter, pharmacy workflow, laboratory workflow, fulfillment event, or creator-only transaction between Customers, Creators, Clinical Partners, pharmacies, laboratories, vendors, and other third parties, if you have a dispute with one or more Members or third parties, you release the Company Parties from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, except to the extent the claim arises from obligations Company expressly assumes under these Terms, applicable Supplemental Terms, Company’s Privacy Policy, Company’s Consumer Health Data Privacy Policy, or applicable law. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

10. Indemnification

You agree to indemnify and hold harmless Company and the Company Parties from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Services; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Members; (e) your purchase or attempt to purchase Goods on or through the Services; (f) your sale or attempt to sell Goods on or through the Services; or (g) your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. This provision does not require you to indemnify any of the Company Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services.

11. DISCLAIMER OF WARRANTIES AND CONDITIONS

1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE Company Parties EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU SUSTAIN AS A RESULT OF YOUR USE OF THE SERVICES. WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM YOUR USE OF THE SERVICES INCLUDING WITHOUT LIMITATION: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED DIGITAL FILES; (IV) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES.

2. Company Parties MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

3. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

4. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. Company MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE SERVICES.

5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Company OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

6. FROM TIME TO TIME, Company MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT Company’s SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

7. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHAT, IF ANY, TAXES APPLY TO YOUR TRANSACTIONS ON OR THROUGH THE SERVICES. THE Company Parties ARE NOT RESPONSIBLE FOR DETERMINING ANY TAXES THAT MAY APPLY TO SUCH TRANSACTIONS.

8. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT Company Parties ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD Company Parties LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

9. Company makes no warranty that the Creator Content, including any Limited Content, provided by third parties will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Company makes no warranty regarding the quality of any Creator Offerings, including Creator Content, or the accuracy, timeliness, truthfulness, completeness or reliability of any other User Content obtained through the Services.

10. We cannot guarantee continuous or secure access to the Services and operation of the Services may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions.

11. No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT Company DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. Company MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Company MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE SERVICES.

12. Third-Party Materials. As a part of the Services, you may have access to materials that are hosted by another party. You agree that it is impossible for Company to monitor such materials and that you access these materials at your own risk.

12. LIMITATION OF LIABILITY

1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL Company Parties BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (e) YOUR USE OF CREATOR OFFERINGS; OR (f) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A Company Party FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A Company Party’s NEGLIGENCE; OR (ii) ANY INJURY CAUSED BY A Company Party’s FRAUD OR FRAUDULENT MISREPRESENTATION.

2. Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, Company Parties WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO Company by you during the SIX-month period prior to the act, omission or occurrence giving rise to such liability; (b) $100; or (c) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A Company Party FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A Company Party’s NEGLIGENCE; OR (ii) ANY INJURY CAUSED BY A Company Party’s FRAUD OR FRAUDULENT MISREPRESENTATION.

3. User Content. EXCEPT FOR Company’s OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN Company’s PRIVACY POLICY, Company ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT, USER CONTENT, OR CREATOR OFFERINGS), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

4. Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

5. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.

13. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

It is Company’s policy to terminate membership privileges of any Member who repeatedly infringes copyright upon prompt notification to Company by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: legal@carecore.io.

14. MONITORING AND ENFORCEMENT

Company reserves the right to: (a) remove or refuse to post any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Company; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and/or (e) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement. If we become aware of any possible violations by you of the Agreement, we reserve the right to investigate such violations. If we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including Your Content, in our possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Company, its Members or the public, and all enforcement or other government officials, as Company in its sole discretion believes to be necessary or appropriate.

15. TERM AND TERMINATION

1. Term. The Agreement commences on the date when you accept these Terms of Service (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the Agreement.

2. Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first accessed or used the Services; or (b) the date you accepted these Terms of Service, and will remain in full force and effect while you use any Services, unless earlier terminated in accordance with the Agreement.

3. Termination of Services by You. If you want to terminate the Services provided by Company, you may do so by (a) notifying us at any time; and (b) closing your Account for all of the Services that you use, provided, however, that notwithstanding any such termination and for the avoidance of doubt, the terms of this Agreement shall continue to apply with respect to any Creator Offerings obtained hereunder. Your notice should be sent, in writing, to our address set forth below.

4. Termination of Services by Company. Company may terminate this Agreement at any time and for any reason or no reason, with or without notice to you.

5. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases, including without limitation any access to Limited Content. Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive the expiration or earlier termination of this Agreement or any Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

6. No Subsequent Registration. If your registration(s) with, or ability to access, the Services or any other Company community, is discontinued by us due to your violation of any portion of the Agreement or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Services or any Company community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Company reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

16. INTERNATIONAL USERS

The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Company intends to announce such Services or Content in your country. The Services are controlled and offered by Company from its facilities in the United States of America. Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

17. ARBITRATION AGREEMENT

Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Company and limits the manner in which you can seek relief from us.

1. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Company agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Services or of the Website, any communications you receive, any products sold or distributed through the Website, the Services, or the Terms of Service and prior versions of the Terms of Service, including claims and disputes that arose between us before the effective date of these Terms of Service (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and Company may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms of Service as well as claims that may arise after the termination of these Terms of Service.

2. Informal Dispute Resolution. There might be instances when a Dispute arises between you and Company. If that occurs, Company is committed to working with you to reach a reasonable resolution. You and Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome. You and Company therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Company that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@carecore.io or regular mail to our offices located at the address set forth in Section 18.11 (Notice), if applicable. The Notice must include: (1) your name, telephone number, mailing address, email address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

1. Waiver of Jury Trial. YOU AND Company HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 17.1 (Applicability of Arbitration Agreement) above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

2. Waiver of Class and Other Non-Individualized Relief. YOU AND Company AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 17.9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 17.9 (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section, “Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Company agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or Company from participating in a class-wide settlement of claims.

3. Rules and Forum. The Terms of Service evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Conference process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Company agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution Conference process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Unless you and Company otherwise agree, or the Batch Arbitration process discussed in Section 17.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. You and Company agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

4. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 17.9 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.

5. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section 17.4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 17.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 17.4 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 17.9 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 17.9 (Batch Arbitration). The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

6. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Company need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Conference process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

7. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Company agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against Company by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Company. You and Company agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

8. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the email address set forth in Section 18.11 (Notice), within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Company account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Service will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

9. Invalidity, Expiration. Except as provided in Section 17.4 (Waiver of Class and Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Company as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

10. Modification. Notwithstanding any provision in these Terms of Service to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to Company at the email address set forth in Section 18.11 (Notice), your continued use of the Website and/or Services, including the acceptance of products and services offered on the Website following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms of Service and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services or of the Website, any communications you receive, any products sold or distributed through the Website, the Services, or these Terms of Service, the provisions of this Arbitration Agreement as of the date you first accepted the Terms of Service (or accepted any subsequent changes to these Terms of Service) remain in full force and effect. Company will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms of Service.

18. GENERAL PROVISIONS

1. Electronic Communications. The communications between you and Company may take place via electronic means, whether you visit the Services or send Company emails, or whether Company posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).

2. Relationship of the Parties. You are an independent contractor and not a partner, joint venturer, agent or employee of Company, and you will not bind or attempt to bind Company to any contract. You are not eligible to participate in any of Company’s employee benefit plans, fringe benefit programs, group insurance arrangements, or similar programs. Neither this Agreement nor your use of the Services shall create an association, partnership, joint venture, or relationship of principal and agent, master and servant, or employer and employee, between you and Company. For the avoidance of doubt, you shall be solely responsible for all tax withholding, Social Security, Worker’s Compensation Insurance, FICA, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pensions, and other obligations or benefits, and Company shall have no obligation or liability to you in connection with the same.

3. Third-Party Websites, Applications and Ads. The Services may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Company. Company is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Company provides these Third-Party Websites, Third-Party Applications and Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, Third-Party Applications, or Third-Party Ads, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

4. Release. You hereby release Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other Members or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the Services. If you are a California resident, you hereby 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.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services.

5. Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you, whether by operation of law or otherwise, without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

6. Force Majeure. Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, pandemics, epidemics (including COVID-19), accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, whether or not foreseeable.

7. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at: legal@carecore.io. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

8. Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and we agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in New Castle County, Delaware.

9. Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the AGREEMENT.

10. Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English.

11. Notice. Where Company requires that you provide an email address, you are responsible for providing us with your most current email address. In the event that the last email address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, our dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to us by email at legal@carecore.io, SUBJ: LEGAL NOTICE, or by mail to Care Core, Inc., 6704 Myrtle Ave, #1514, Glendale, NY 11385. Email notice shall be deemed given twenty-four hours following confirmed transmission of the same; mailed notice shall be deemed given when received by Company.

12. Waiver; Modification. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. This Agreement may not be modified or amended except in writing signed by a duly authorized representative of each party hereto. No other act, document, usage or custom shall be deemed to amend or modify this Agreement.

13. Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

14. Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by us are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer our products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

15. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

16. Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.