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TERMS AND CONDITIONS

Last Updated: 8th May, 2024

 * 1. Who We Are and What We Provide to You
 * 2. Privacy Policy
 * 3. Your Account
 * 4. Your Representations
 * 5. Intellectual Property Rights
 * 6. Restrictions on Your Use of Our Services; Your Compliance with Applicable
   Laws
 * 7. Virtual Care Services
 * 8. Specific Terms Relating to Lab Services and Products
 * 9. Specific Terms Related to Virtual Care Services Involving Medications
 * 10. Reviews and Feedback
 * 11. Availability and Access to Our Services
 * 12. Payment and Billing
 * 13. Termination
 * 14. Warranty Disclaimers
 * 15. Limitations on Liability
 * 16. Our Rights
 * 17. Indemnification
 * 18. Links to Other Sites
 * 19. Dispute Resolution (including Arbitration, Class Action Waiver and Time
   to Initiate Action)
 * 20. Entire Agreement
 * 21. Waiver and Severability
 * 22. Notices and Electronic Communications
 * 23. Assignment
 * 24. No Fiduciary Relationship
 * 25. Right to Monitor
 * 26. Contact Us
 * 27. Notices Regarding Apple and Google
 * 28. Definitions

Thank you for your interest in LetsGetChecked (“LetsGetChecked” “”or “we” or
“us” or “our”), and our Products and Services. These Terms and Conditions
(“Terms”) govern your access to and use of www.letsgetchecked.com, its
subdomains, and any other online websites that link to these Terms
(collectively, the “Websites”), your access to and use of our mobile
applications (“Apps”), your purchase and use of Products and related services,
your access and use of Testing Services or Virtual Care Services, and any other
content, functionality, or service offered and provided to you (altogether
referred to as our “Services”).

THE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF
YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR MENTAL HEALTH CRISIS, CALL YOUR
DOCTOR OR 911 IMMEDIATELY. DO NOT ACCESS THE SERVICES FOR EMERGENCY OR CRISIS
CARE.

Please read these Terms carefully. By accessing our using any of our Services,
you represent that you are 18 years of age or older, and that you have read and
understand and agree to be bound by these Terms and our other policies
referenced in these Terms.

SUBSCRIPTION SERVICES: SOME OF THE SERVICES ARE AVAILABLE ON A SUBSCRIPTION
BASIS. SUBSCRIPTION TERMS ARE DESCRIBED IN SECTION 8(G) AND SECTION 12.

MANDATORY ARBITRATION NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION
PROVISION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND LETSGETCHECKED, EXCEPT AS
OTHERWISE DESCRIBED IN SECTION 21 (ARBITRATION AGREEMENT), WILL BE RESOLVED BY
MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A
CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: WHILE THERE ARE IMPORTANT POINTS
THROUGHOUT THESE TERMS, PLEASE NOTE THAT THE WARRANTY DISCLAIMERS AND
LIMITATIONS ON OUR LIABILITY ARE EXPLAINED IN SECTIONS [12] AND [13].

IF YOU DO NOT AGREE WITH ALL OF THE TERMS, YOU ARE NOT ALLOWED TO ACCESS OR USE
OUR SERVICES.

Changes to the Terms. We may revise these Terms from time to time, for example,
to reflect changes in our Services, the needs of our customers, our business
plans, or changes in applicable law. Any material changes to these Terms will be
in effect as of the “Last Update” date referenced above. You should review these
Terms from time to time, including prior to using our Services. If we make a
material change to the Terms impacting your use of our Services, we will use
reasonable efforts to notify you, including through notices on the Services. If
you do not agree to a change, you must stop accessing or using our Services.
Your continued use of our Services after the “Last Updated” date (or after we
try to notify you of material changes) will constitute your acceptance of and
agreement to such changes.

Capitalized terms have the meaning given to them in Section 28 (Definitions) or
as otherwise defined in these Terms.


1. WHO WE ARE AND WHAT WE PROVIDE TO YOU

LetsGetChecked Inc. is a Delaware corporation. LetsGetChecked is a registered
business name of LetsGetChecked Inc. You can contact us here.

The Services are operated by us from our offices within the United States of
America (“USA”). In using the Services, you are required to provide us with your
location including any state or territory and, as set out in these Terms, you
are liable for the provision of accurate information including location and
residency information. We make no representation that the information in our
Services is appropriate or available for use outside of the USA, and that your
access or use of the Services may be illegal or prohibited outside of the USA.
If you choose to access the Services from outside the USA, you do so at your own
risk and are responsible for compliance with applicable local laws. It is a
violation of these Terms for you to use the Services in violation of any
applicable laws and regulations or in violation of the rules of any of our
service providers or in a manner that would cause us or any other party to be in
violation of such laws, regulation or rules.

The Services provide you with access to healthcare providers who are employed or
contracted by one or more of the following Physician Groups: Mammoth Health,
PLLC, a Florida professional limited liability company, Mammoth Medical, PC, a
New Jersey Professional Corporation, Ajax Medical, PLLC, a New York professional
limited liability company and Mordkin Medical, PC, a California professional
corporation (collectively, the “Physician Groups”). The Service provides you
with access to laboratory services by Priva Path Labs Inc. d/b/a LGC Labs (222 E
Huntington Dr, Ste 100, Monrovia, CA 91016) or certain other clinical
laboratories that we may select as our testing services provider from time to
time (collectively, the “Accredited Laboratory(ies)”). Accredited Laboratories
will be CPA (clinical pathology accreditation), INAB, CLIA approved, CAP
accredited, or otherwise certified or accredited as required by applicable law.
In addition, the Service provides you with access to prescription fulfillment
services offered by certain mail-order pharmacies (“Pharmacies”). By accepting
this Agreement, you acknowledge and agree that any services you receive from any
Physician Group, Accredited Laboratory, or pharmacy through our Website or
mobile application are also subject to these Terms.

LetsGetChecked Inc. is not a healthcare provider, does not practice medicine and
does not control or interfere with the practice of medicine by the employed or
contracted healthcare providers of the Physician Groups, as these are licensed
professionals who are solely responsible for any medical care and treatment
provided to you as part of a Virtual Care Service. LetsGetChecked Inc. does not
provide the Testing Services, Virtual Care Services, or prescription fulfillment
services. LetsGetChecked Inc. makes no representations or warranties about the
accuracy, timeliness, or quality of the Virtual Care Services provided by the
Physician Groups (or any of its providers), the Testing Services provided by the
Accredited Laboratories, or the prescription fulfillment services provided by
the Pharmacies. You acknowledge and agree that you are not entering into a
provider-patient relationship with LetsGetChecked Inc.

THE SERVICES PROVIDED BY LETSGETCHECKED INC. (NOT THE PHYSICIAN GROUPS) DO NOT
CONSTITUTE MEDICAL ADVICE AND YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR
PHYSICIAN OR OTHER LICENSED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY
HAVE REGARDING ANY INFORMATION OR STATUS OF YOUR HEALTH. YOU ACKNOWLEDGE AND
AGREE THAT LETSGETCHECKED INC. SIMPLY PROVIDES A TECHNOLOGY PLATFORM TO
FACILITATE YOUR ACCESS TO AND RECEIPT OF MEDICAL CARE FROM YOUR MEDICAL
PROVIDER, WHICH MAY INCLUDE THE PHYSICIAN GROUPS. LETSGETCHECKED INC. IS NOT
RESPONSIBLE FOR THE ACTIONS, OMISSIONS, ADVICE, OR SERVICES OF ANY MEDICAL
PROVIDER, ACCREDITED LABORATORY, OR PHARMACY, AND DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, AND SHALL HAVE NO LIABILITY OR RESPONSIBILITY IN CONNECTION
WITH ANY VIRTUAL CARE SERVICES, TESTING SERVICES, PRESCRIPTION FULFILLMENT
SERVICES, OR ANY OTHER HEALTHCARE SERVICES, MEDICAL ADVICE, PRESCRIPTIONS OR
MEDICATION RECOMMENDATIONS DELIVERED BY A MEDICAL PROVIDER THROUGH OUR SERVICES.

THE INFORMATION CONTAINED ON THE WEBSITES, THE TEST INFORMATION, OUR CONTENT,
THE SERVICES, AND THE PRODUCTS AVAILABLE THROUGH THE SITE ARE FOR GENERAL
GUIDANCE ONLY AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. NEITHER
THE WEBSITE NOR OUR SERVICES OR PRODUCTS, OR ANY TEST INFORMATION, CONSTITUTE
MEDICAL ADVICE AND YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER
LICENSED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY
TEST INFORMATION OR STATUS OF YOUR HEALTH.


2. PRIVACY POLICY

For information about how we handle your personal information, please review our
Privacy Policy and Cookies Policy. We are not responsible for any information
you share directly with your medical provider or how your medical provider
handles, uses, discloses and/or maintains your personal information.


3. YOUR ACCOUNT

In order to use some of our Services, you must set up an Account with us by
creating a username and Password. We reserve the right to take any action that
we deem necessary to protect the security of our Services and your Account,
including without limitation, changing your Password, terminating your Account,
or requesting additional information to authorize transaction(s) on your
Account. You are solely responsible for keeping your Password and any security
questions and responses associated with your Account confidential. Anyone with
knowledge of or access to your Password or the security questions and responses
associated with your Account can use that information to gain access to your
Account. You are solely liable for any claims, damages, losses, costs or other
liabilities resulting from or caused by any failure to keep your Password and
the security questions and responses confidential, whether such failure occurs
with or without your knowledge or consent. You will immediately notify us of any
suspected or actual unauthorized access to or use of your Password or any other
breach of your Account security. You agree and acknowledge that information
about you in your Account will be shared with the Physician Group, Accredited
Laboratories, Pharmacies and/or other third parties as reasonably necessary for
us to provide the Services.

If you set up an Account with us, you agree to provide contact details that can
be used to contact you in relation to your use of our Services. It is important
that the details you provide us with are correct, accurate and complete and that
you promptly update your Account as necessary. WE ARE NOT LIABLE FOR ANY LOSS OR
DAMAGE CAUSED TO YOU AS A RESULT OF A FAILURE OR OMISSION BY YOU TO PROVIDE
ACCURATE AND SUITABLE CONTACT DETAILS, OR ANY OTHER INFORMATION THAT IS USED IN
CONNECTION WITH THE SERVICE, INCLUDING ANY HEALTHCARE OR OTHER INFORMATION
PROVIDED BY YOU TO ASSIST A PHYSICIAN GROUP DELIVER A VIRTUAL CARE SERVICE.

By signing up for an Account and using our Services, you acknowledge that the
transmission of data over the internet can never be completely secure and you
accept the risk that others may be able to read or intercept any information,
text, graphics you submit or send to or through our Services. This includes
transmissions that are identified as secure or encrypted and may include
health-related information including communications with the Physician Group.


4. YOUR REPRESENTATIONS

By signing up for an Account and accessing our Services, you confirm:

 * that you are 18 years of age or older;

 * that you are a resident of the United States of America and are accessing our
   Services from the United States of America;

 * that you are using our Services in your own name and not on behalf of anyone
   else;

 * any Sample you provide your own;

 * that you will not allow any other person to use our Services under your name,
   nor will you use our Services while pretending you are someone else, or
   otherwise seek to disguise your identity;

 * that you are only using our Services for your own benefit and not for the
   purposes of providing our Services to others; and

 * that none the information you have provided through our Services any
   information that is untrue, inaccurate, non-current or incomplete to the best
   of your knowledge.


5. INTELLECTUAL PROPERTY RIGHTS

LetsGetChecked and its affiliates are the owners or the licensees of all
Intellectual Property Rights in our Services, including without limitation, the
text, graphics, user interfaces, visual interfaces, illustrations, photographs,
trademarks, logos and computer code, software, the design, structure,
arrangement, selection, coordination, expression, and ‘look and feel’ of our
Services, as well as the features, functionality and the material published on
our Services (except where content is specifically identified as third-party
content) (together, “Our Content”). All of these rights are protected by
copyright and other applicable intellectual property and other laws around the
world. All such rights are reserved to the relevant owner or licensee of those
works. Your use our Services and Our Content does not grant you any rights in
relation to Our Content other than as set out in the next paragraph. Other than
as expressly permitted below, you must obtain our prior written permission prior
to using any of Our Content each time you want to use it.

Subject to your compliance with the Terms and all applicable international,
federal, state and local laws, rules, and regulations, we grant you a limited,
revocable, non-exclusive, non-transferable, non-sublicensable right and license
to access and use our Services and Our Content solely for your personal,
non-commercial use only and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works, or other use (referred to as
a “Limited License”). In connection with the Limited License we grant you, you
may use Our Content as follows:

 * You may print or download a copy of the Services webpages or other
   informational pages for your own personal, non-commercial use and not for
   further reproduction, publication, or distribution.

 * If we provide desktop, mobile, or other applications for download, you may
   download a single copy to your computer or mobile device solely for your own
   personal, non-commercial use, provided you agree to be bound by our end user
   license agreement as applicable for such applications.

 * You must always acknowledge our status (and that of any identified
   contributors) as the authors of Our Content on our Services.

You further agree that you will not:

 * Attempt to copy or modify any ideas, features, functions, graphics, or any of
   Our Content in our Services.

 * Alter, reproduce, sell, disseminate, distribute, modify, create derivative
   works of, publicly display, publicly perform, republish, download, store, or
   transmit Our Content on our Services or any rights in connection therewith.

 * Use any illustrations, photographs, video or audio sequences, or any graphics
   separately from the accompanying text.

 * Delete or alter any copyright, trademark, or other proprietary rights notices
   from copies of materials from this site.

 * Modify any paper or digital copies of any materials you have printed off or
   downloaded in any way.

 * Attempt to translate, disassemble, decompile, reverse assemble, reverse
   engineer all or any part of the Services or otherwise attempt to derive the
   source code for Our Content.

Any use of our Services not expressly permitted by these Terms is a breach of
these Terms and may violate copyright, trademark, and other laws. We reserve the
right to investigate any suspected or actual improper, illegal, or unauthorized
use of Our Content or our Services and we reserve the right to take appropriate
legal action.


6. RESTRICTIONS ON YOUR USE OF OUR SERVICES; YOUR COMPLIANCE WITH APPLICABLE
LAWS

While accessing and using our Services, you agree that you will only use our
Services in a lawful manner and will not use our Services for any use other than
the business purpose for which it was intended. You will not, and will not
permit any third party to, take any of the following actions with respect to our
Services or the server hosting our Services nor will you use our Services to
upload, post, email, distribute, transmit, link, solicit or otherwise make
available any content or use our Services in any manner that: (i) decompiles,
uses reverse engineering, disassembles, derives the source code of or decrypts
our Services or servers hosting our Services; (ii) uses any robot, spider,
scraper or other automatic or manual means to access our Services or copies any
content or information on our Services; (iii) removes, obscures, or alters any
proprietary notices (including any notice of copyright or trademark) of us or
our affiliates, partners, suppliers or our licensors; (iv) modifies, adapts,
improves, enhances or makes any derivative work from our Services; (v) infringes
the copyright, trademark or any proprietary rights; (vi) compiles, uses,
downloads or otherwise copies our Services or any user information or any
portion thereof, or transmits, provides or otherwise distributes (whether or not
for a fee) our Services or such information to any third party; (vii) is
fraudulent, malicious or unlawful, unauthorized or contains defamatory or
illegal information, images, materials or descriptions; (viii) promotes or
provides instructions for illegal activities; (ix) encourages any conduct that
would constitute a criminal offense or that gives rise to civil liability; (x)
disseminates viruses or other computer code, files or programs that interrupt,
destroy or limit the functionality of any computer software or hardware; (xi)
attempts to gain unauthorized access to any other accounts, computer systems or
networks connected to any server or systems through hacking, password mining or
any other means; (xii) accesses systems, data or information that we do not
intend to be made accessible to you; or (xiii) use meta tags or any other hidden
text using our name without our written consent, link or attempt to link our
Services with other sites services, or use meta tags or other devices containing
any reference to us in order to direct a person to any other site our services.


7. VIRTUAL CARE SERVICES

The Virtual Care Services involves the delivery of healthcare services using
electronic communications, information technology or other means between a
healthcare provider and a patient who are not in the same physical location.
While the provision of medical services using telehealth may offer certain
potential benefits, there are also potential risks associated with the use of
telehealth. By accessing and using Virtual Care Services, you agree to the
Physician Group’s telehealth consent (“Telehealth Consent”). You acknowledge and
agree that LetsGetChecked Inc. is a third-party beneficiary of the Telehealth
Consent and has the right to enforce it against you.


8. SPECIFIC TERMS RELATING TO LAB SERVICES AND PRODUCTS

You may have the ability to request a Product (sample collection kit) to access
secure laboratory Testing Services, if determined by a healthcare provider to be
clinically appropriate (to the extent a healthcare provider’s review is
required). To access these Testing Services, you must provide necessary clinical
information to assist a healthcare provider to assess whether a Testing Service
is appropriate for you, if applicable, and if so, you may then purchase a
Product either from our Website or from a retail location.

To use our Testing Services, you must set up an Account and register the
individual Product to your Account using the alpha code and numerical code of
the Product. To register a Product, go to the “Activate Test” section of the
Websites, sign into your Account (or create an Account if applicable) and
provide the code from the Product as requested.

a. Virtual Care Services with Orders

We will not process Orders from users whose IP address is outside, or where the
user is located outside of, the United States.

In order for us to process your Order, you must complete the Order submission
process which requires you, among other things, to: (i) provide us with personal
information including the delivery address for your Product and important
healthcare information to enable a Physician Group-affiliated healthcare
provider to assess whether the Testing Service is appropriate for you, (ii)
purchase a Product that permits use of the type of Sample you are willing to
provide, and (iii) confirm that we may make the Test Information, including test
results available to you through your online Account.

Once the Order is placed, you will receive an email acknowledging receipt of the
Order. At this time, we will collect the purchase price and applicable taxes,
and shipping costs from your selected payment method accepted by us. You should
review the Order Confirmation and notify us of any mistake immediately, as no
refunds will be issued once your Order is processed other than in accordance
with the Cancellation Right detailed in Section 8(f).

As noted above, all Orders are subject to review by a physician or other
licensed clinician prior to testing, and we are under no obligation to accept or
process an Order, whether confirmed or not. In the event that a confirmed Order
is not accepted, a refund will be issued for any paid fees in accordance with
the Cancellation Right in Section 8(f).

All Products and Testing Services are subject to availability. We reserve the
right to notify you at any time before delivery of the unavailability of the
Product. (You can then cancel the Order if you elect and we will refund you all
money paid in full in accordance with the Cancellation Right in Section 8(f).)

b. Using our Testing Services

In order to use our Testing Services, you must set up an Account and register
the Product to your Account in accordance with Section 3 (Your Account) of these
Terms. You will not be able to register the Product or access Test Information
without an Account.

By sending us the Product or any Sample, you are formally providing your consent
to undergo the related test. You agree that before proceeding with any test, you
will read all relevant information provided in these Terms and our Privacy
Policy, in addition to any other terms or policies in any packaging in our
Product or otherwise made available to you related to our Testing Services. If
you are unsure or if you require any further information, you agree to contact
us or a licensed healthcare professional for further information.

Due to the nature of the test(s) being performed, we cannot and do not warrant
that the test(s) or Test Information provided as part of the Testing Services
will be entirely or 100% accurate. For example, sexually transmitted diseases
and/or infections may remain undetectable for several months due to varying
Incubation Periods. As such, repeat testing may be required. If you are unsure
or if you require any further information, you agree to contact us or a licensed
healthcare professional for further information.

You acknowledge that the Test Information does not constitute a diagnosis.
LetsGetChecked offers laboratory tests for wellness monitoring, informational
and educational use. The Tests we offer are not intended to diagnosis or treat
disease. None of our Tests are intended to be a substitute for seeking medical
advice, diagnosis or treatment. As with all screening tests, in a small number
of cases there can be incidences of false-positive and false-negative results.
For example, a person with a negative non-reactive or not detected test result
could actually have a condition despite the Test Information, or a person with a
positive reactive or detected test could be free from a condition even though
Test Information indicated they do have such condition. All positive, reactive
or detected screening results must be verified by a physician or other licensed
healthcare professional through a confirmatory (diagnostic) test.

You acknowledge any Test Information does not constitute a definitive result.
“Low”, “Normal”, or “High” readings do not constitute a diagnoses and further
testing will be required from your physician or other licensed healthcare
professional. Further, if test results are normal, but symptoms remain you
should be examined by your physician or other licensed healthcare professional.

The Testing Services are limited to the services as defined in Section 29
(Definitions) below. If you require medical advice or counseling in addition to
the Testing Services, you should seek the advice of your physician or other
licensed healthcare professional. In some events, an agent of LetsGetChecked may
contact you regarding a test result, Product or Testing Service. Such contact,
and any discussions relating to it, are provided as a courtesy and not as part
of the diagnosis or treatment of any disease or to be considered the practice of
medicine, nursing or any other profession. In all events, seek the advice of a
licensed healthcare provider should you have any questions about tests or test
results.

Any failure to comply with your obligations as outlined in this section,
particularly with regard to re-testing, is entirely your responsibility.

You acknowledge and agree:

1. to take note of the Incubation Periods, information in relation to which is
included on the Site. “Incubation Period” means the period of time, from an
exposure to an infection to the time an infection becomes detectable within a
person’s body. Different infections have different Incubation Periods and can
take several months or more to become detectable. For example, the HIV virus can
take up to 90 days to become detectable, while other viruses such as Hepatitis B
and Hepatitis C can take from 180 days to become detectable. NOTE THAT AT THIS
TIME THE INCUBATION PERIOD FOR THE CORONAVIRUS IS BELIEVED TO RANGE FROM 2 TO 14
DAYS, BUT COULD BE LONGER. IF YOU HAVE BEEN EXPOSED TO SOMEONE WITH THE
CORONAVIRUS OR IF YOU HAVE ANY SYMPTOMS CONSISTENT WITH THE CORONAVIRUS, YOU
SHOULD NOT BE IN CONTACT WITH OTHERS AND SHOULD SELF QUARANTINE AND STAY AT HOME
FOR THE DURATION OF THE INCUBATION PERIOD REGARDLESS OF ANY TEST INFORMATION YOU
RECEIVE. Incubation Periods vary by the individual and it is recommended to
retest:

 * if you tested before the relevant Incubation Period has passed (from the time
   of potential exposure);

 * if you suspect that the infection has subsequently developed; or

 * if you have been potentially exposed to any relevant infection in the
   meantime.

2. to comply fully with all instructions included with the Product and to return
the Sample in the Product within the time set forth in the Product instructions;

3. FOR THE COVID-19 PCR TEST KITS, AS WITH ALL SCREENING TESTS, IN A CERTAIN
NUMBER OF CASES THERE CAN BE INCIDENCES OF FALSE-POSITIVE AND FALSE-NEGATIVE
RESULTS. YOU ACKNOWLEDGE THAT THE COVID-19 PCR TEST KIT MAY NOT BE EFFECTIVE FOR
MUTATIONS OF THE VIRUS;

4. to provide us with such information or evidence of identity as we may be
required to obtain from you by applicable law from time to time;

5. to disclose to us honestly and to the best of your knowledge any information
that may affect or impact the Test Result;

6. that for certain tests, the Accredited Laboratories or Physician Group may
have reporting obligations to government agencies with regards to positive,
reactive or detected results, and will make such reports;

7. to use the Websites, the Products and the Testing Services only for lawful
purposes and in accordance with these Terms and you further agree not to induce
fear, harass or be abusive to any of our staff, or the staff of the Physician
Group or Accredited Laboratories;

8. that LetsGetChecked Inc. may, as applicable, collect fees for Testing
Services on behalf of the Physician Group and/or Accredited Laboratories;

9. not to use the Products and/or the Testing Services for resale or in any way
that breaches any applicable local, national or international law or regulation;
and

10. that when you submit an Order for the Testing Services through the Websites,
including acquiring one or more Products through the Websites, that you (and no
other person) have selected the Products. Notwithstanding any descriptions of
any Testing Services or recommendations from the Websites or any of our staff,
you acknowledge that you have not relied upon any advice from us in terms of
Product suitability or other medical issues.

c. Submitting the Sample

When submitting a Sample, you must fill and return the collection device in
accordance with the instructions provided with the Product. If you do not
provide an adequate Sample, utilize the Product in a manner that is
contraindicated or not consistent with any instructions, or do not return the
Sample within the instructed timeframe, we may not be able to provide you with
the Test Results. Further, failure to return the Sample within the timeframe set
forth in the Product instructions may result in inaccurate and unreliable
readings of the Sample.

d. Test Information

You will be sent an email notifying you when Test Information has been made
available to your Account. If your Test Information is negative or nonreactive,
please refer to Section 8(c) (Submitting the Sample) and the relevant Incubation
Periods for your Test. Further, if the Test is normal but you still exhibit
symptoms, you should make an appointment with your physician or licensed
healthcare professional.

If you have a positive, reactive or detected screening result for any of our
Tests, you will need a further confirmatory (diagnostic) test from a physician
or licensed healthcare professional.

The Testing Services may include, with respect to a user whose Test Information
indicates a positive, reactive, detected or elevated Test Result, receiving a
phone call from one of our staff in order to provide relevant information and to
recommend or discuss any follow-up with a licensed healthcare provider who can
offer support to the user.

If you have concerns with the Test Information you should consult with your
physician or another licensed healthcare professional or contact a member of our
team who will be able to direct you to other sources of support within the scope
of the Testing Services. If you purchase Products and Testing Services and
receive Test Information during an Incubation Period that is relevant to you,
irrespective of the Test Information, you agree to retest either through us or
through your physician or other licensed medical practitioner once the
Incubation Period has passed.

e. Delivery

The Product is normally dispatched within two business days of Order
Confirmation to the delivery address you provide during the Order submission
process, but actual delivery times may vary. We may be unable to change the
delivery address after the Order Confirmation. Delivery dates advised by us in
an Order Confirmation (consisting of a delivery date for the Product and a date
for the provision of the Test Information) are approximate and we will not be
liable for any loss or damage due to any failure to meet scheduled delivery
dates or for failure to give notice of delay. Time for delivery is not and shall
not be of the essence. A Product may be shipped by us to the agreed delivery
address in advance of any scheduled delivery date. Risk of loss in a Product
passes to you upon delivery of the Product to the agreed delivery address. If
you receive the wrong Products, damaged/faulty Products, or if certain items are
absent from the Product, then please contact us within seven (7) days of receipt
of the Product and provide the following information: the Alpha code, Numerical
code and Order ID (or description of the Product), and description of the
missing or faulty item(s). Upon receipt of such notice we will arrange for a
replacement Product to be sent to you as soon as possible.

f. Cancellation

Unless otherwise required by State law, in which case such State requirements
shall apply, you have the right to cancel the contract for the purchase of the
Product within fourteen (14) days of delivery of the Product to you. To exercise
the right to cancel, you must inform us of your decision to cancel in writing
(e.g. a letter sent by contacting us). You must then promptly return the Product
to us within fourteen (14) days from notifying us of your decision to cancel, at
your own cost. For health protection reasons, no cancellations of COVID-19 test
kits can be accepted after the COVID-19 test kit has shipped and Covid-19 test
kits cannot be returned.

If you exercise your cancellation right pursuant to this section, we will
reimburse to you all payments received from you less the cost of the kit(s) and
shipping fees, without undue delay and, in any event, not later than thirty (30)
days from the date on which we receive the returned Product from you, or the
date you provide us with evidence of having sent the Product back to us,
whichever is earlier. In the event that a confirmed Order is not accepted or you
cancel your Order prior to the Product being shipped, you will be eligible to
receive a full refund. We will reimburse you using the same means of payment as
you used for the initial payment, unless you have expressly agreed otherwise. We
will not charge you any fees in connection with the reimbursement. You will bear
the direct cost of returning the Product.

The right to cancel an Order does not apply to Products that have been opened
and the seal on the kit broken, as these Products are not suitable for return
for health protection reasons.

g. Subscribe and Save

The following provisions only apply to you if you enroll in our Subscribe & Save
option.

Subscribe & Save involves subscribing to a single eligible Product over your
chosen frequency. By purchasing a subscription, you acknowledge that your
subscription has an initial and recurring payment feature and you accept
responsibility for all recurring charges prior to cancellation. Your
subscription will continue and your payment method will be automatically charged
for each successive subscription period at the then-current advertised
subscription price for that Product. Your credit card will be charged on the
date stated on the “Subscriptions” page of your account for the applicable
subscription period. We will charge the credit card you used when you created
your renewal subscription or as otherwise directed by you. We may submit
periodic charges (e.g. at the chosen subscription frequency) until you provide
prior notice of cancellation or wish to change your payment method. Such notice
will not affect charges before we could reasonably act.

When purchasing a subscription, if you choose to add express shipping, it will
only apply to the first order. All future orders in your subscription will be
sent by standard shipping at no cost.

To cancel your subscription, you may (i) logon to your Account and follow the
cancellation procedures there, (ii) contact us and we will do it for you, or
(iii) call our customer support line at (929) 376-0056 and speak with one of our
customer care specialists who can help you cancel. Please note that standard
call rates may apply. If you decide to cancel, we recommend you do so at least
24 hours prior to the scheduled subscription payment date as subscriptions may
be canceled without charge as long as we receive your cancellation prior to the
scheduled subscription payment being processed. This is subject to change, but
we will let you know if there is a change in our cancellation policy as
described in Section 8f (Cancellation Rights) above. You can manage your
subscription, including payment details and cancellation, by logging into your
Account under the Subscriptions page.

We reserve the right to adjust the pricing for the Products purchased on a
subscription basis in any manner and at any time. LetsGetChecked will provide
you with two (2) weeks’ notice via e-mail of a pricing change. If your billing
date for a subscription period falls before the pricing change takes place, you
will be charged the prior rate for that subscription period, if your billing
date falls outside the two-week notice period, you will be charged the new price
upon the next automatic renewal and all future renewals.

If your payment is declined, we will place your subscription on hold for seven
(7) days. We will be notified when the payment fails, and we or our vendor will
attempt to process payment again in seven (7) days. If the second attempt on the
seventh day fails, your subscription will be canceled. If a payment is declined
and you do not wish to wait seven days for re-processing, you may choose to
update your payment information on your account and complete payment from your
account. Cancellation due to failed payments does not incur any extra charges.
We reserve the right to adjust this Section 8(g) in any manner and at any time
as we may determine in our sole and absolute discretion. Except as otherwise
expressly provided for in these Terms, any changes to your subscription Plans
will take effect following 30 days’ notice to you via the e-mail you provided at
the time you enrolled in the Subscribe & Save plan.


9. SPECIFIC TERMS RELATED TO VIRTUAL CARE SERVICES INVOLVING MEDICATIONS

Certain Products require a valid prescription by a licensed healthcare provider.
If you engage in Virtual Care Services and a healthcare provider determines that
a prescription product is appropriate for you and writes a prescription, this
prescription may be filled through one of the Pharmacies for your convenience.
You may also fill the prescription at any other pharmacy of your choice by
emailing your request to pharmacist@letsgetchecked.com.

If you complete a consultation with a healthcare provider and fill a
prescription through a Pharmacy, the prescription product will be shipped to you
by the Pharmacy, and the shipping and medication costs will be included in the
total amount charged to you. However, if you fill a prescription with a local
pharmacy of your choosing, you will be responsible for working with the local
pharmacy to coordinate the prescription’s fulfillment and retrieval, and you
will pay the local pharmacy for any medication costs.


10. REVIEWS AND FEEDBACK

You may choose to submit a review of your experience with our Service that
describes your personal experience of using our Services, including what you
liked or disliked about our Services (a “Review”). You acknowledge that you will
not receive any compensation, monetary or otherwise, for the submission of a
Review. Your Review, if published, will be publicly available and viewable to
anyone. We encourage you to refrain from including in your Review any personal
or other information that you may want to keep private or confidential, such as
your health information, because such information may become viewable by the
public. We may reject and not post your Review for any reason including, for
example, if it breaches of other terms or policies made known to you, including,
without limitation, Section 6 (Restrictions on Your Use of Our Services; Your
Compliance with Applicable Laws) of these Terms or if it contains any of the
following types of material:

 * language that, in our discretion, is not suitable for a public forum;

 * advertisements, ‘spam’ content, or references to other products, offers or
   websites;

 * email addresses, links to other websites, or contact information relating to
   other persons (which includes commercial entities); or

 * hateful, discriminatory, or critical comments about other users or their
   Reviews.

In addition, if you wish to share ideas, concepts, know-how, suggestions or
other feedback with us about customer service issues or relating to our Services
(“Feedback”), please do not submit this Feedback through the review mechanism.
Instead, please contact us directly. You hereby grant to us a worldwide,
royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable
and fully sublicensable (through multiple tiers) license to reproduce,
distribute, perform and display (publicly or otherwise), create derivative works
of, adapt, modify and otherwise use, analyze and exploit such Feedback, in any
format or media now known or hereafter developed, and for any purpose. You
acknowledge and agree that Feedback is not confidential, and that we are free to
use any Feedback for any purpose.


11. AVAILABILITY AND ACCESS TO OUR SERVICES

Access to our Services, including our Virtual Care Services or Testing Services,
is permitted on a temporary basis. We may, temporarily or permanently, limit,
suspend, or cancel your use or access to our Services or any part of it, at any
time in our sole discretion, including if we determine that you have or are
about to violate the Terms. If you wish to make any use of our Services or Our
Content other than as expressly permitted in these Terms, please contact us at
the following email address: dpo@letsgetchecked.com. Such permission will be at
the sole discretion of LetsGetChecked.

You are responsible for making all arrangements necessary for you to have access
or use of our Services and for ensuring that your device and computer software
meet the minimum specifications and is configured correctly. You should use your
own virus protection and firewall software.


12. PAYMENT AND BILLING

Unless as otherwise described in these Terms, all prices listed through our
Services and otherwise on our websites exclude all sales taxes, fees, use taxes,
charges, duties, levies, and other similar governmental charges imposed on the
provision of the Product or Service. All such governmental charges shall be
solely borne and paid by you. You acknowledge and agree that it is your
responsibility to ensure payment for all paid aspects of our Services and to
ensure that your payment methods are accepted by LetsGetChecked and/or our
payment processors, including, but not limited to, Stripe. We may suspend or
terminate your use of the Services and Account in the event of any payment
delinquency. Except as otherwise described in these Terms, you will not be
entitled to any refund for the partial use of our Service at any time.

By providing a credit card or other payment method accepted by us, you represent
and warrant that you are authorized to use the designated payment method and
that you authorize us (or our third-party payment processor) to charge your
payment method for the total amount of your Order. If the payment method you
provide cannot be verified, is invalid, or is otherwise not acceptable, your
Order may be suspended or canceled until you are able to resolve the payment
issue.

In the case of Testing Services, the price includes standard delivery of the
Product to you, and if applicable, it also includes return of the Product to the
Accredited Laboratory that will perform the test(s).

LetsGetChecked Inc. will collect your payment for the Testing Services on behalf
of Priva Path Labs Inc. d/b/a LGC Labs or other Accredited Laboratories or
Physician Groups on its website as its collection agent. You will be notified of
the fees for the telehealth services on the LetsGetChecked website. The clinical
laboratory services and telehealth services are paid for by you and are not
intended to be reimbursed by any health plan. You understand that the clinical
laboratory services purchased are solely your financial responsibility and that
you will not submit any invoice or claim for reimbursement to any insurer or
health plan (including, but not limited to, Medicare, Medicaid or any private
health insurer or plan). If you are covered by a government health plan, please
consult with a provider who participates in such plans.

Special Note on Subscription Products:

Certain Products available for purchase through the Service are made available
on a subscription basis. For subscription-based Products, your payment method
will be automatically charged at regular intervals as described for that Product
during the checkout process. You may cancel a subscription as described in
Section 8(g).

To simplify your experience during the checkout process, there may only be a
“total” subscription price that is viewable to you. If a subscription Product
you purchase required a consultation with a healthcare provider through a
Physician Group, then the total price you pay includes the amount charged by (a)
the third-party pharmacy for the prescription drug or the Accredited Laboratory
for the Testing Service, (b) the amount charged by the Physician Group for the
services of the healthcare provider, and (c) the costs to operate the Website
and mobile application, including the fees to process payments. The amounts
collected as part of (a) and (b) are collected for your convenience and we pass
the applicable amounts through to the appropriate parties.


13. TERMINATION

You may stop using the Services and close your Account at any time for any
reason. In such event, we shall have no further obligation or liability to you
under these Terms or otherwise.

We may, in our sole discretion, suspend or terminate your Account or access to
the Services, without notice for any reason, including to comply with applicable
legal requirements, to protect the rights or interests of LetsGetChecked or any
third party, or if you breach the Terms or any terms regarding payment of
required fees and charges due through your use of our Services. We may, in our
sole discretion, provide you with a grace period prior to termination, in the
event of a breach or your failure to pay owed charges and fees, without waiving
our rights hereunder to terminate immediately upon such events. Under no
circumstances will you be entitled to compensation or a refund for any
interruption, suspension, or termination, and you acknowledge that we will have
no liability to you in connection with any interruption, suspension, or
termination.

Upon termination of your Account, all licenses granted by us to you to use our
Services will automatically terminate. You are responsible for exporting all
Account data upon termination of your Account.

Sections 1 (Who We Are and What We Provide to You), 5 (Intellectual Property
Rights), 14 (Warranty Disclaimers), 15 (Limitations of Liability), 16 (Our
Rights), 17 (Indemnification), 19 (Dispute Resolution), 20 (Entire Agreement),
21 (Waiver and Severability), Section 22 (Notices and Electronic
Communications), 23 (Assignment), 28 (Definitions), and any other provision of
these Terms that by its nature should survive termination, will survive
termination of these Terms.


14. WARRANTY DISCLAIMERS

THE SERVICES AND ALL OUR CONTENT ON OR AVAILABLE THROUGH OUR SERVICES ARE
PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS. LETSGETCHECKED AND OUR
SERVICES PROVIDERS, LICENSORS, AND SUPPLIERS, THE PHYSICIAN GROUPS, THE
ACCREDITED LABORATORIES, THE PHARMACIES, AND EACH OF OUR AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS
(COLLECTIVELY “COVERED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE AND THE COVERED PARTIES MAKE NO WARRANTY AS
TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF OUR SERVICES, OUR
CONTENT, INFORMATION, OPINIONS, OR MATERIALS AVAILABLE THROUGH OUR SERVICES. YOU
ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM OUR SERVICES
BEFORE RELYING ON IT. USE OF OUR SERVICES IS AT YOUR SOLE RISK. WE MAKE NO
REPRESENTATIONS OR WARRANTIES THAT USE OF OUR SERVICES OR OUR CONTENT PROVIDED
THROUGH OUR SERVICES WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE.
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 15 (Limitations on Liability) BELOW,
YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF OUR SERVICES SHALL BE TO
DISCONTINUE USING OUR SERVICES. YOU AGREE AND ACKNOWLEDGE THAT THE PHYSICIAN
GROUPS, ACCREDITED LABORATORIES, AND PHARMACIES ARE INDEPENDENT THIRD PARTIES,
THAT THEIR SERVICES ARE UNRELATED TO LETSGETCHECKED INC., AND WE ARE NOT LIABLE
FOR ANY ACTIONS, OMISSIONS, NEGLIGENCE OR MALPRACTICE OF PHYSICIAN GROUPS,
ACCREDITED LABORATORIES, OR PHARMACIES.


15. LIMITATIONS ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT
NEITHER WE NOR THE COVERED PARTIES WILL BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, OR OTHER INDIRECT DAMAGES, WHETHER
BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH ACCESS TO OR USE OF OUR SERVICES, INCLUDING, WITHOUT
LIMITATION, ANY MATERIALS, SERVICES, OR OUR CONTENT WE HAVE PROVIDED TO YOU ON
OR THROUGH OUR SERVICES, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY
CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH
AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER
PARTY’S USE OF OUR SERVICES AND/OR OUR CONTENT, OR PRODUCTS; (B) ANY ACTION
TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C)
ANY DAMAGE TO YOUR OR ANY OTHER USER’S COMPUTER, MOBILE DEVICE, OR OTHER
EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY INFORMATION OR ADVICE
OBTAINED THROUGH USE OF OUR SERVICES OR OUR CONTENT OR OUR PRODUCTS; OR (E)
WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,
TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO
OUR SERVICES, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH:
(1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR
FROM YOU; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO OUR SERVICES;
OR (3) VIRUSES. WE SHALL NOT BE IN BREACH OF ANY PROVISION OF THE TERMS CAUSED
BY YOUR FAILURE TO OBSERVE ANY OF YOUR OBLIGATIONS OR UNDERTAKINGS CONTAINED
WITHIN THE TERMS.

OUR AND THE COVERED PARTIES TOTAL AGGREGATE LIABILITY TO YOU FROM ALL CAUSES OF
ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR
THE USE OF OUR SERVICES UNDER WHICH LIABILITY AROSE, IF ANY, AND IF YOU HAVE
PAID NO AMOUNT, THEN ONE HUNDRED UNITED STATES DOLLARS ($100.00). YOU ALSO
ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED OUR SERVICES WITH A FULL
UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THE TERMS.

Some jurisdictions do not allow exclusions of liability for certain types of
damages. Accordingly, some of the above limitations may not apply to you to the
extent prohibited by applicable law. In such cases, our liability will be
limited to the fullest extent permitted by applicable law.


16. OUR RIGHTS

We reserve the right to seek all remedies available at law and in equity for
violations of these Terms and any other rules and regulations made available to
you in connection with our Services, including, without limitation, the right to
block access from a particular Internet address to our Services. We may
cooperate with legal authorities and/or third parties in the investigation of
any suspected or alleged crime or civil wrong. Except as prohibited by law, we
reserve the right at all times to: (i) disclose any information as we deem
necessary to satisfy any applicable law, regulation, legal process or
governmental request; or (ii) edit, refuse to post or to remove any information
or materials, in whole or in part, as applicable, in our sole discretion. You
agree that any violation, or threatened violation, by you of the Terms
constitutes an unlawful and unfair practice that will cause us irreparable and
unquantifiable harm. You also agree that monetary damages would be inadequate
for such harm and consent to our obtaining any injunctive or equitable relief
that we deem necessary or appropriate. These remedies are in addition to any
other remedies we may have at law or in equity.


17. INDEMNIFICATION

You agree to indemnify, defend, and hold us and our subsidiaries, affiliates,
officers, agents, employees, contractors, partners and licensors harmless from
and against any and all suits, actions, losses, claims, proceedings, demands,
expenses, damages, settlements, judgments, injuries, liabilities, obligations,
risks, and costs, including, without limitation, reasonable attorneys’ fees, due
to, relating to, or arising out of: (i) your use of our Services; (ii) your
violation of the Terms; (iii) any Feedback or Reviews you provide; (iv) your
negligence, fraud, or willful misconduct; (v) your Account; and/or (vi) your
violation of any law or regulation or any rights of another. We reserve the
right, at your expense, to assume the exclusive defense and control of any
matter which you are required to indemnify against, and you agree to cooperate
in our defense of such matter.


18. LINKS TO OTHER SITES

Some links in our Services may navigate you away from our Services or redirect
you to other websites, including websites operated by third parties. The linked
third-party websites are not under our control, and the content available on the
linked third-party websites does not necessarily reflect our opinion or imply
our recommendation or endorsement of the linked third-party website or the
opinions expressed therein. We are not responsible for the privacy practices of
any other websites. Please be aware that those websites may collect personally
identifiable information (“PII”) from or about you. You should review the terms
of use and privacy policies that are posted on any website that you visit before
using any linked websites.

We provide links to third-party websites are provided as a convenience to you,
and access to any other third-party sites linked to our Services is at your own
risk. We are under no obligation to maintain any link on our Services, and we
may remove a link at any time in our sole discretion for any reason whatsoever.
We will not be responsible or liable, directly or indirectly, for any damages or
losses caused or alleged to be caused by or in connection with your use of or
reliance on such content, products, services or other materials available on or
through any such third-party website or for any action you may take as a result
of interacting with any such website.


19. DISPUTE RESOLUTION (INCLUDING ARBITRATION, CLASS ACTION WAIVER AND TIME TO
INITIATE ACTION)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR
RIGHT TO FILE A LAWSUIT IN COURT.

Initial Dispute Resolution Period. Our Customer Care team is available here or
by phone at (929) 376-0056 to address any concerns you may have regarding the
Services. Most concerns are quickly resolved in this manner. In an effort to
accelerate resolution and reduce the cost of any Dispute (defined below) between
us, you and we agree to first attempt to negotiate any Dispute informally for at
least sixty (60) days before either party initiates any arbitration or court
proceeding (the “Initial Dispute Resolution Period”). That period begins upon
receipt of written notice from the party raising the Dispute. If we have a
dispute with you, we will send the notice of that Dispute to the email address
you have provided to us. If you have a dispute with us, you agree to send us a
written notice by email to legal@letsgetchecked.com. A notice of Dispute will
not be valid, and will not start the Initial Dispute Resolution Period, and will
not allow you or us to later initiate a lawsuit or arbitration, unless it
contains all of the information required by this paragraph: (a) subject line
reading: “Notice of Dispute”; (b) description of the nature of the claim or
dispute and the underlying facts; (c) date upon which the Dispute arose; (d) the
specific relief sought; and (e) name, email address, and physical mailing
address of the party seeking relief. The Initial Dispute Resolution Period must
include a conference between you and us to attempt to informally resolve any
Dispute in good faith. You will personally appear at the conference
telephonically or via videoconference; if you are represented by counsel, your
counsel may participate in the conference, but you will also participate in the
conference. The 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 conference unless all parties agree. Compliance with
this informal dispute resolution process is mandatory and a condition precedent
to initiating an arbitration or litigation. The statute of limitations and any
filing fee deadlines shall be tolled while the parties engage in the informal
dispute resolution process required by this paragraph. If either party violates
this Initial Dispute Resolution Period paragraph, a court of competent
jurisdiction has the authority to enjoin the prosecution of the arbitration or
court proceeding, and, unless prohibited by law, the arbitration provider shall
neither accept nor administer any such arbitration nor assess fees in connection
with such arbitration where the arbitration has been enjoined.

Scope. The parties acknowledge that these Terms evidence a transaction involving
interstate commerce. Any arbitration conducted pursuant to the terms of these
Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
You and we agree that any dispute, claim or controversy between you and
LetsGetChecked asserted after the effective date of these Terms, including but
not limited to all disputes arising out of these Terms or your use of the
Services (each, a “Dispute”) shall be finally settled by binding arbitration
except as expressly excluded below in the Section titled “Exceptions to Binding
Arbitration.”

Binding Arbitration. If you and we do not reach an agreement to resolve the
Dispute following the Initial Dispute Resolution Period (and including the
conference of the parties provided in the preceding paragraph), you or we may
commence an arbitration proceeding. The arbitration shall be administered by
JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “JAMS
Rules”) and in accordance with the Expedited Procedures in those Rules, which
are available at www.jamsadr.com, unless it is a Mass Arbitration before NAM, as
defined below. If, for any reason, JAMS is unable to administer the arbitration,
then except as otherwise stated below, you or we may file a Dispute with any
national provider of arbitration services that handles consumer arbitrations
following procedures that are substantially similar to the JAMS Expedited
Procedures in the JAMS Comprehensive Arbitration Rules.

Process. In order to initiate arbitration following the conclusion of the
Initial Dispute Resolution Period, a party must provide the other party with a
written demand for arbitration and file the demand with the applicable
arbitration provider. A party initiating an arbitration against LetsGetChecked
must send the written demand for arbitration to LetsGetChecked, Inc., ATTN:
General Counsel,Unit 3, Adelphi House, George's Street Upper, Dun Laoghaire, Co.
Dublin, A96 NY82, Ireland. By signing the demand for arbitration, the party and
its counsel certifies to the best of the party’s and counsel’s knowledge,
information, and belief, formed after an inquiry reasonable under the
circumstances, that (i) the demand for arbitration is not being presented for
any improper purpose, such as to harass, cause unnecessary delay, or needlessly
increase the cost of dispute resolution; (ii) the claims 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;
(iii) the factual contentions have evidentiary support or, if specifically so
identified, will likely have evidentiary support after a reasonable opportunity
for further investigation or discovery; and (iv) the party has complied with the
Initial Dispute Resolution Period, including participation in an in-person
conference, as described above. You and LetsGetChecked will attempt to jointly
select and agree on a single arbitrator (the “Arbitrator”). Should you and
LetsGetChecked fail to reach agreement within 15 days after the demand for
arbitration is filed, the Arbitrator shall be selected as contemplated by the
applicable arbitration rules. The Arbitrator shall be authorized to afford any
relief or impose any sanctions available under Federal Rule of Civil Procedure
11 or any applicable state law for either party’s violation of this requirement.
Where the claims exceed $5 million, there shall be three arbitrators, one
selected by each of the parties within 15 days after the filing of the demand
for arbitration and the third selected by the party-appointed arbitrators within
15 days after the appointment of the second arbitrator, failing which the
Arbitrators shall be selected as contemplated by the applicable arbitration
rules.

Location & Hearing. If you are a resident of the United States, then the
arbitration hearing shall be held in the county in which you reside or at
another mutually agreed location. If you are not a resident of the United
States, then the arbitration hearing will be held in in New York City, New York,
United States, or another mutually agreed location. Where no disclosed claims or
counterclaims exceed $25,000, the dispute shall be resolved by the submission of
documents only, subject to the Arbitrator’s discretion to require an in-person
hearing, if the circumstances warrant. In cases where an in-person hearing is
held, you and/or LetsGetChecked may attend remotely, unless the arbitrator
requires otherwise. The language of the arbitration will be English.

Arbitrator’s Decision. The Arbitrator will make a decision in writing but need
not provide a statement of reasons unless requested by a party [or unless the
award orders damages over $1 million]. The Arbitrator must follow applicable
law. The decision of the Arbitrator shall be final and binding on you and us,
and any award of the Arbitrator may be entered in any court of competent
jurisdiction. The Arbitrator shall determine the scope and enforceability of
this arbitration agreement, including whether a Dispute is subject to
arbitration. The Arbitrator has authority to decide all issues of validity,
enforceability, or arbitrability. The Arbitrator shall be empowered to grant
whatever relief would be available in a court under law or in equity.

Fees. Your and our right to recover attorneys’ fees, costs and arbitration fees
shall be governed by the laws that apply to the parties’ Dispute, as well as any
applicable arbitration rules. Either party may make a request that the
Arbitrator award attorneys’ fees and costs upon showing that the other party has
asserted a claim, cross-claim, defense, or procedural tactic that is groundless
in fact or law, brought in bad faith, for the purpose of harassment, or is
otherwise frivolous, as allowed by applicable law and the JAMS Rules or other
applicable arbitration rules.

Mass Arbitration Before NAM. Notwithstanding the parties’ decision to have
arbitrations administered by JAMS or any other arbitration provider (and subject
to the exceptions otherwise set forth in the “Exceptions to Binding Arbitration”
Section), if 25 or more demands for arbitration are filed relating to the same
or similar subject matter and sharing common issues of law or fact, and counsel
for the parties submitting the demands are the same or coordinated, you and we
agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is
commenced, you and we agree that it shall not be governed by JAMS Rules or
administered by JAMS (or any other arbitration provider). Instead, a Mass
Arbitration shall be administered by NAM, a nationally recognized arbitration
provider, and governed by the NAM Rules in effect when the Mass Arbitration is
filed, excluding any rules that permit arbitration on a class-wide basis (the
“NAM Rules”), and under the rules set forth in these Terms. The NAM Rules are
available at https://namadr.com/resources/rules-fees-forms/or by calling
1-800-358-2550. You and we agree that the Mass Arbitration shall be resolved
using NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures,
available at https://www.namadr.com/. Before any Mass Arbitration is filed with
NAM, you and we agree to contact NAM jointly to advise that the parties intend
to use NAM’s Mass Filing

Supplemental Dispute Resolution Rules and Procedures. Any individual
arbitrations submitted to JAMS or another arbitration provider shall be
dismissed and the individual demands comprising the Mass Arbitration shall be
submitted on NAM’s claim form(s) and as directed by NAM. You and we agree that
if either party fails or refuses to commence the Mass Arbitration before NAM,
you or we may seek an order from NAM compelling compliance and directing
administration of the Mass Arbitration before NAM. Pending resolution of any
such requests, you and we agree that all arbitrations comprising the Mass
Arbitration (and any obligation to pay arbitration fees) shall be stayed. If for
any reason the provisions in this Mass Arbitration Before NAM paragraph are
found to be unenforceable, or if for any reason NAM declines to administer the
Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be
administered by the American Arbitration Association (“AAA”) under its Mass
Arbitration Supplemental Rules consistent with the provisions of the Dispute
Resolution Section of these Terms.

Appointment of Procedural Arbitrator in Mass Arbitration. You and we agree to
cooperate in good faith to implement the Mass Arbitration process to minimize
the time, filing fees, and costs of the Mass Arbitration. Those steps include,
but are not limited to (1) the appointment of a Procedural Arbitrator (or
Process Arbitrator, if filed at the AAA) to efficiently and cost-effectively
manage the Mass Arbitration and to rule on proposals by the parties for the
efficient and cost-effective management of the Mass Arbitration to the extent
the parties cannot agree; and (2) the adoption of an expedited calendar for the
arbitration proceedings.

Confidentiality. All proceedings, including any negotiations, mediations,
arbitrations and/or litigations, conducted pursuant to this section shall be
confidential. Except as may be required by law, neither a party nor any
Arbitrator(s) may disclose the existence, content, documents exchanged,
pleadings or written submissions filed, testimony rendered or arguments made,
orders or awards issued or results of any proceedings conducted hereunder
without the prior written consent of all parties.

Exceptions to Binding Arbitration. Notwithstanding the parties’ decision to
resolve all disputes through arbitration, either party may invoke the following
exceptions to arbitration:

Provisional Remedies. Either party may seek provisional remedies in aid of
arbitration and to enforce the Initial Dispute Resolution Period from a court of
appropriate jurisdiction, subject to the forum selection provisions below.

Intellectual Property and Trade Secret Disputes. Either party may bring an
action in state or federal court that only asserts claims for patent
infringement or invalidity, copyright infringement, piracy, moral rights
violations, trademark infringement, and/or trade secret misappropriation,
subject to the forum selection provisions below.

Small Claims Court. Either party may seek relief in a small claims court for any
individual disputes or claims within the scope of that court’s jurisdiction. If
an arbitration is filed, before the arbitrator is formally appointed either
party can send written notice to the opposing party and the applicable
arbitration provider that it wants the case decided by a small claims court,
after which the arbitration provider may close the case, in which instance no
filing fees shall be due or payable by either party. Any disagreement about
whether a Dispute is subject to small claims court shall be decided by small
claims court or a court of competent jurisdiction, not the arbitrator.

Class and Collective Action Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE
LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY
ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION
OR CLASS ARBITRATION.

Statute of Limitations. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Services or the Terms must be filed within one (1) year after such claim or
cause of action arose or be forever barred.

Governing Law and Jurisdiction. These Terms and any claims relating to our
Services will be governed by the laws of the State of Delaware, excluding the
application of its conflicts of law rules. For any Dispute not subject to
binding arbitration, to the fullest extent allowed by law, you and we agree to
submit to the exclusive jurisdiction of any state or federal court located in
Santa Clara County, California (except for small claims court actions which may
be brought in the county where you reside), and waive any jurisdictional, venue,
or inconvenient forum objections to such courts.

Severability. If any provision in this Dispute Resolution and Arbitration
Section of these Terms is found to be unenforceable, that provision shall be
severed with the remainder of this Section of these Terms remaining in full
force and effect. The foregoing shall not apply to the prohibition against class
or collective actions as provided for above. This means that if the prohibition
against class or collective actions is found to be unenforceable with respect to
a particular claim or request for relief and any appeals have been exhausted (or
if the decision is otherwise final), then such claim or request for relief shall
proceed in a court of competent jurisdiction, but it shall be stayed pending
arbitration of all other claims and requests for relief.

30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the
arbitration and class action waiver provisions set forth above by sending
written notice of your decision to opt-out by emailing us at
arbitrationoptout@letsgetchecked.com. The notice must be sent within thirty (30)
days of your first use of the Service, or the effective date of the first set of
Terms containing an Arbitration and Class Action and Class Arbitration Waiver
section otherwise you shall be bound to arbitrate disputes in accordance with
the terms of those sections. If you opt out of these arbitration provisions, we
also will not be bound by them.

Waiver of Remedies. BY ACCESSING AND USING OUR SERVICES, YOU UNDERSTAND THAT YOU
MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR
UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE
READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF
THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY,
WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR OR THE 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 RELEASE
PARTY.”


20. ENTIRE AGREEMENT

The Terms (including any additional terms that we may provide when you through
your use of our Services), are the only agreement between you and us regarding
our Services and supersede all previous agreements, promises, representations,
warranties and understandings between you and us regarding our Services.


21. WAIVER AND SEVERABILITY

Failure or delay by us to enforce any of these Terms will not constitute a
waiver of our rights against you and does not affect our right to require
further performance thereof. If any part of the Terms becomes illegal, invalid,
unenforceable, or prohibited in any respect under any applicable law or
regulation, such provision or part thereof will bereplaced with terms that most
closely match the intent of the part that is deemed illegal, invalid,
unenforceable or prohibited. The legality, validity or enforceability of the
remainder of the Terms will remain in full force and effect.


22. NOTICES AND ELECTRONIC COMMUNICATIONS

You agree that when you access or use our Products and Services or creating an
Account, you affirmatively consent to conduct business with us and any lab,
pharmacy and Physician Group’s healthcare providers electronically’. You agree
that all agreements and consents can be signed electronically, and that all
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing. You further agree that any notices provided by us electronically are
deemed to be given and received on the date we transmit any such electronic
communication as described in the Terms.

You consent to receive communications and records from us (and any of our
affiliates and agents), the Accredited Laboratories, and Physician Group’s
healthcare providers electronically. We will communicate with you by e-mail at
the email address we have on file for you (if any), by sending you messages
through our Services or by posting notices through our Services, or by text
message or phone call at the phone number we have on file for you (if any), or
other method of communication. These communications may include (but are not
limited to) notifications, updates to Products and Services, health
communications from the Physician Group’s healthcare providers. You confirm that
you have the hardware and software necessary to receive electronic
communications and are able to receive and review electronic communications. You
may incur data, call-time or messaging charges from your communication providers
in connection with communications from us.

You acknowledge that text messages, phone calls and emails may be unencrypted
and carry some risk that the information in the messages, including information
about your health, could be read by an unauthorized person. You further
acknowledge and agree that LetsGetChecked and the Physician Group cannot
guarantee the security and confidentiality of the unencrypted communications
that we send to you, and we are not responsible for any unauthorized access that
occurs during or after the transmission of the communications to you.

All notices required or permitted under the Terms that you send to us will be in
writing and sent by certified mail, return receipt requested, or by reputable
oversight courier, or by hand delivery, provided that we may provide written
notice to you through electronic communications as described in the paragraph
immediately above. The notice address for LetsGetChecked is Unit 3, Adelphi
House, George’s St. Upper, Dun Laoghaire, Co. Dublin, A96 NY82, Ireland. Any
notice sent in the manner sent forth above shall be deemed sufficiently given
for all purposes hereunder (i) in the case of certified mail, on the second
business day after deposited in the U.S. mail, and (ii) in the case of overnight
courier or hand delivery, upon delivery. We may change our notice address by
giving written notice to you by the means specified in this Section 24 (Notices
and Electronic Communications).


23. ASSIGNMENT

We may assign the Terms or any part of them without restriction or condition.
You may not assign or otherwise transfer the Terms or your rights under the
Terms without our prior written consent, and any assignment in violation of this
prohibition will be null and void.


24. NO FIDUCIARY RELATIONSHIP

Except to the extent set forth in a separate agreement between you and us, there
is no fiduciary relationship between you and us. Neither the Terms nor your use
of our Services or Our Content create any relationship of principal and agent,
partnership, joint venture, or employer and employee, between you and us. You
may not enter into any contract on our behalf or bind us in any way.


25. RIGHT TO MONITOR

We reserve the right, but are not obligated, to actively monitor the use of our
Services and use any information gathered during such monitoring for any legally
permissible purpose. Additionally, we may, at any time as we deem appropriate,
remove any materials from our Services that, in our sole discretion, may be
illegal, may subject us to liability, may violate the Terms, or are, in our sole
discretion, inconsistent with our purpose for our Services.


26. CONTACT US

If you have any concerns about material which appears on our Portal, please
contact us.


27. NOTICES REGARDING APPLE AND GOOGLE

This paragraph only applies to the extent you access or download any of our Apps
from the Apple App Store. If you do so, you agree to Apple’s Licensed
Application End User License Agreement, available at:
https://www.apple.com/legal/internet-services/itunes/dev/stdeula/ (“Apple
Terms”). These Terms govern if there is a conflict with the Apple Terms.

This paragraph only applies to the extent you acquire any of our Apps from the
Google Play Store. If you do so, (i) you acknowledge that these Terms of Use are
between you and us only, and not with Google, Inc. (“Google”); (ii) your use of
the App must comply with Google’s then-current Google Play Terms of Service;
(iii) Google is only a provider of Google Play where you obtained the App; (iv)
LetsGetChecked, and not Google, is solely responsible for the App; (v) Google
has no obligation or liability to you with respect to the App or these Terms;
and (vi) you acknowledge and agree that Google is a third-party beneficiary to
these Terms as it relates to the App.


28. DEFINITIONS

“Account” means the account held by us in your name and which holds the
information submitted by you to us;

“Cancellation Right” means your right to cancel an Order placed via the
Websites, as described in Section 8(f);

“Content” means any item, data, material, information, software, images, photos,
advertisements, trade mark or services mark, sounds, videos, marks, expressions,
views or opinions, which appear on our Services;

“Cookies Policy” means our cookies policy that is available here;

“Intellectual Property Rights” means for the purposes of the Terms, trademarks,
service marks, trade and business names, domain names, rights in designs,
patents, copyrights, database rights, moral rights and rights in know-how and
other intellectual property rights in each case whether registered or
unregistered and including applications for the grant of the foregoing and all
rights or forms of protection having equivalent effect to any of the foregoing,
which may subsist anywhere in the world;

“Order” means an offer by a user to purchase Testing Services and one or more
Products from us via the Websites;

“Password” means your unique password which shall comply with the format
specified by us from time to time, required to access and use your Account and
our Services;

“Privacy Policy” means our privacy policy that is available here;

“Product” means a kit which enables you to take and store a sample of saliva,
blood, urine, or stool, as appropriate for the type of kit purchased and as sold
by us pursuant to the Terms;

“Sample” means a sample of saliva, blood, urine or stool, provided in accordance
with the Product instructions pursuant to these Terms;

“Subscribe & Save” means a subscription service for the delivery of Products and
the provision of Testing Services to you at specified intervals of time;

“Test Information” means the results from the Accredited Laboratory for the
processed Sample, communicated to you by us via the Websites and our staff, as
applicable;

“Testing Services” means testing the Sample that you send to the Accredited
Laboratory, and providing you with the Test Information;

“Virtual Care Services” means the products and services we provide to you in
connection with your use of the Account that facilitates your access to and
communication with your medical provider and related tools such as streamlined
ordering of prescriptions drugs and other products; and

“You” or “your” means the user of our Services.

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