PLUS WELLBEING TERMS OF USE & CLICK-THROUGH AGREEMENT

Company bills you through an online billing account for purchases of products and/or services. You agree to pay Company all charges at the prices then in effect for the products or services you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. In some cases, Company, a participating professional entity, or a clinic or health system with which Company contracts may bill your health insurance plan, employer health program, or other third-party payor ("Health Plan") for covered services delivered through the Company Services. Coverage and reimbursement are determined solely by your Health Plan and applicable law. Company does not guarantee that any particular service will be covered or reimbursed by your Health Plan. By using the Company Services, you: a. authorize Company, its affiliated professional entities, and participating providers to submit claims to your Health Plan for services rendered to you, where applicable; b. assign to such entities and providers your right to receive benefits directly from your Health Plan for such services (an "Assignment of Benefits"), to the extent permitted by law and your Health Plan; c. authorize the release of information necessary to process claims, obtain payment, and conduct healthcare operations, as described in our Privacy Policy and any applicable HIPAA notices; and d. agree that you are financially responsible for all charges not paid by your Health Plan, including but not limited to copayments, coinsurance, deductibles, non-covered services, services performed out-of-network, and services deemed not medically necessary by your Health Plan. If your Health Plan sends payment directly to you for services rendered through the Company Services, you agree to promptly remit such payment to Company or the applicable professional entity or provider. If you have ordered a product or service that is subject to recurring charges or subscription fees (including but not limited to membership fees, monitoring fees, or program fees), then you consent to our charging your payment method on a recurring basis, without requiring your prior approval for each recurring charge, until such time as you cancel the applicable product or service in accordance with the applicable cancellation terms. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in U.S. dollars.

Please review our Return/Refund Policy posted on our Website prior to making any purchases.

Regarding Your Registration By using the Company Services, you represent and warrant that: a. all registration information you submit is truthful and accurate; b. you will maintain the accuracy of such information; c. you will keep your password confidential and will be responsible for all use of your password and account; d. you are not a minor in the jurisdiction in which you reside, or, if a minor, you have received appropriate parental or guardian permission (and, where applicable, provider involvement) to use this Website and Services; and e. your use of the Company Services does not violate any applicable law or regulation. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Website's registration forms, assessments, or intake flows; and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website or Company Services (or any portion thereof).

Company may accept, reject or remove reviews in its sole discretion. Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person, entity, product, or service being reviewed; (2) reviews should not contain offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, disability, or other protected characteristics; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Company and do not represent the views of Company or of any affiliate or partner of Company. Company does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Company Services ("Submissions") provided by you to Company are non-confidential, and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You may not access or use the Website for any purpose other than that for which Company makes it available. The Website and Company Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to: a. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website; b. attempting to impersonate another user or person or using the username of another user; c. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website; d. selling or otherwise transferring your profile; and e. using the Website or Company Services in a manner inconsistent with any and all applicable laws and regulations.

The content on the Website ("Company Content") and the trademarks, service marks, and logos contained therein ("Marks") are owned by or licensed to Company and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content includes, without limitation, all source code, databases, functionality, software, website and app designs, audio, video, text, photographs, graphics, care plans, educational content, and program materials. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks, or trade dress of Company in the United States and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. Company Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use and in connection with your participation in the Company Services. Company reserves all rights not expressly granted to you in and to the Website, Company Content and Marks.

The Website may contain (or you may be sent through the Website or the Company Services) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Website or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any website you navigate to from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party.

Company reserves the right, but does not have the obligation, to: a. monitor the Website for violations of this Agreement; b. take appropriate legal action against anyone who, in Company's sole discretion, violates this Agreement, including without limitation reporting such user to law enforcement authorities; c. in Company's sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user's contribution or any portion thereof that may violate this Agreement or any Company policy; d. in Company's sole discretion and without limitation, notice or liability, remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company's systems; and e. otherwise manage the Website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Website and Company Services.

We care about the privacy of our users. Please review the Plus Wellbeing Privacy Policy. By using the Website or Company Services, you are consenting to have your personal data transferred to and processed in the United States (and other jurisdictions as described in the Privacy Policy). By using the Website or the Company Services, you are consenting to the terms of our Privacy Policy.

Some Company Services include access to registered dietitians, nutrition professionals, health coaches, or other licensed or certified professionals through telehealth and remote communication technologies (including but not limited to video, audio, chat, secure messaging, and asynchronous communications) ("Telehealth Services"). By using Telehealth Services, you acknowledge and agree that: a. Telehealth involves the use of electronic communications and information technology for the delivery of nutrition and wellbeing services and may involve the transmission of your health information and related data; b. Telehealth has potential benefits (e.g., improved access to care, convenience, continuity) as well as risks (e.g., interruptions, technical failures, delays, unauthorized access due to security or privacy breaches); c. Telehealth may not be appropriate for all conditions, and your provider may determine that you should be seen in person or referred to another provider or setting; d. you will inform your telehealth provider of your physical location at the time of each encounter and agree that you must be physically present in a state or jurisdiction where the provider is licensed or otherwise authorized to practice in order to receive Telehealth Services; e. no guarantees can be made as to results or outcomes of any Telehealth Services; and f. Telehealth Services are not a substitute for emergency or urgent care. If you believe you are experiencing a medical or mental health emergency, you will immediately call 911 (or the local emergency number in your area) and/or seek in-person emergency care. Depending on your Health Plan, Telehealth Services may or may not be covered benefits, may be subject to different copayments, deductibles, or coinsurance than in-person services, and may have specific eligibility criteria. It is your responsibility to contact your Health Plan to determine coverage, network status, and any out-of-pocket costs associated with Telehealth Services. You consent to receive Telehealth Services through Plus Wellbeing's technology platform and affiliated professional entities, and you agree that your use of Telehealth Services is subject to this Agreement, our Privacy Policy, and any additional consents or disclosures you may receive prior to or during use of such services.

Plus Wellbeing, Inc. is a management services and technology company. To comply with applicable laws regarding the corporate practice of medicine and other health professions, clinical services accessed through or in connection with the Company Services may be provided by one or more independent professional entities (such as professional corporations or professional limited liability companies) or by individual licensed professionals, and not by Plus Wellbeing, Inc. itself (collectively, the "Professional Entities"). Unless expressly stated otherwise: a. Plus Wellbeing, Inc. does not practice medicine, dietetics, or any other licensed health profession, and does not control or interfere with the professional judgment of any provider; b. all decisions regarding clinical care, diagnosis, treatment plans, and medical nutrition therapy are the sole responsibility of the individual provider and/or Professional Entity; c. the role of Plus Wellbeing, Inc. is limited to providing administrative, management, and technology services, including but not limited to scheduling, billing support, telehealth technology, data processing, and care coordination tools; and d. references on the Website or in Company materials to "Plus Wellbeing providers," "our clinicians," "our care team," or similar language refer to licensed professionals who are either employed or contracted by Professional Entities or partner organizations, not by Plus Wellbeing, Inc., unless otherwise expressly stated. No provider-patient relationship is created between you and Plus Wellbeing, Inc. Any provider-patient relationship is solely between you and the licensed professional and/or Professional Entity that delivers clinical services to you. Plus Wellbeing, Inc. is not responsible for the professional services provided by any such provider or Professional Entity and does not assume any liability for the acts or omissions of such providers or Professional Entities. In some cases, Plus Wellbeing, Inc. may contract with clinics, health systems, employer programs, or other organizations to provide technology, care coordination, and nutrition-related services that support the clinical work of their own providers. In such arrangements, billing to your Health Plan or to you directly may occur through the Professional Entities, the clinic or health system, or another contracted entity, as determined by the applicable agreements and laws. You understand and agree that your use of the Company Services does not guarantee access to any particular provider, Professional Entity, clinic, health system, or program, and that networks and participating providers may change over time.

You consent to Plus Wellbeing contacting local emergency services and/or your designated emergency contact in the event that you appear to be in physical or emotional distress during a telehealth visit, coaching session, or other live interaction with Plus Wellbeing staff, and it is determined that immediate intervention is necessary for your safety. You understand that Plus Wellbeing is not an emergency service and cannot guarantee that emergency help will arrive. If you believe you are experiencing a medical or mental health emergency, you will immediately call 911 (or the local emergency number in your area) and/or seek in-person emergency care.

This Agreement shall remain in full force and effect while you use the Website or Company Services or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE, AND REMOVE ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY'S SOLE DISCRETION. In order to protect the integrity of the Website and Company Services, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Company Services. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes. YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE COMPANY'S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CONTACT A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTED BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS. If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive relief.

To Agreement Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website, and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective upon posting unless otherwise stated. To Services Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Company Services.

Between Users If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents, and successors in rights, from claims, demands and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services. With Company – Governing Law; Jurisdiction This Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware, without regard to its rules of conflict of laws. The parties hereto hereby irrevocably and unconditionally consent to and submit to the exclusive jurisdiction of the courts of the State of Delaware and of the United States of America located in such state (the "Delaware Courts") for any litigation arising out of or relating to this Agreement and the transactions contemplated hereby, and agree not to commence any litigation relating thereto except in such courts. The parties waive any objection to the laying of venue of any such litigation in the Delaware Courts and agree not to plead or claim in any Delaware Court that such litigation brought therein has been brought in an inconvenient forum. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Delaware, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transactions Act (UCITA) is excluded from this Agreement. In no event shall any claim, action, or proceeding by you related in any way to the Website or Company Services be instituted more than two (2) years after the cause of action arose. Informal Resolution To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement ("Dispute"), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Binding Arbitration If you and Company are unable to resolve a Dispute through informal negotiations, either you or Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (adr.org). The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the jurisdiction of the Delaware Courts. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. You and Company agree that any arbitration shall be limited to the Dispute between Company and you individually. To the full extent permitted by law: (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Exceptions to Informal Negotiations and Arbitration You and Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Company's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable, then neither you nor Company will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Company agree to submit to the personal jurisdiction of that court.

Occasionally, there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

The Company Content of the Company's Website and any documentation provided in the provision of Company Services, such as text, graphics, images, educational modules, and other material contained on the Website or in the Services, are for informational and/or educational purposes only. Although the Company strives to provide accurate general information, the Company Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Unless explicitly stated in a separate signed agreement with you and your healthcare provider, the Company and the Company's Website are not providing medical care or practicing medicine and are not a substitute for care provided by your physician or other licensed health professional. Clinical services may be provided by independent Professional Entities and individual licensed professionals, as described above. Nothing in this Agreement is intended to alter the professional obligations of those providers under applicable law. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, and before implementing any suggestion or recommendation from the Website or your personalized program. This is particularly true if you (or your family) have a history of any chronic condition or are currently working with a licensed professional on a nutritional or medical program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website or in the Services. If you think you are having or may have a medical emergency, call your doctor or 911 immediately. The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by the Company, the Company's employees, others appearing on the Website at the invitation of the Company, or other visitors to the Website is solely at your own risk. No physician-patient or provider-patient relationship is created between you and Plus Wellbeing, Inc. Any provider-patient relationship is solely between you and the licensed professional and/or Professional Entity that delivers clinical services to you. Company cannot control the nature of all of the content available on the Website. By operating the Website, Company does not represent or imply that Company endorses any blogs, user-generated content, contributions, or other content available on or linked to by the Website, including without limitation content hosted on third-party websites or provided by third-party applications, or that Company believes contributions, blogs or other content to be accurate, useful, or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Website or Company Services. YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY SERVICES; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

You agree to defend, indemnify, and hold Company, its subsidiaries and affiliates, and their respective officers, agents, partners, and employees harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company's defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.

Our Website and systems will maintain certain data that you transfer to the Website for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data, subject in all cases to our obligations under applicable law and our Privacy Policy.

Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS (INCLUDING CLICKS ON "I AGREE," "ACCEPT," OR SIMILAR BUTTONS) CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Users are allowed on https://pluswellbeing.com (and related web and mobile properties) to transmit and receive valid electronic signatures in the United States under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) of 2000 and the Uniform Electronic Transactions Act (UETA) of 1999, as adopted by individual states. Users' signatures and identities may be authenticated using methods described in our systems and policies, but Company does not guarantee the identity of any signatory to any particular degree of certainty.

This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of this Agreement or use of the Website and Company Services. Upon Company's request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties to execute this Agreement.