ANCHOR HEALTH, INC.

TERMS AND CONDITIONS OF USE

Last Updated: September 30, 2019

Welcome to Anchor Health!

Our mission at Anchor Health, Inc. (“Anchor Health”) is to be your champion in navigating health care. Anchor Health develops a cloud-based software platform, websites, mobile applications, messaging applications, voice applications, software technology and services. These Terms and Conditions of Use (“Terms”) apply to the various service offerings available on the Anchor Health Platform (“Service(s)”). Services include the cloud-based software platform, websites (“Sites”), mobile applications (“Apps”), messaging applications (“Messages”), voice applications (“Voice Apps”), software technology (collectively, the “Platform”) which is owned and operated by Anchor Health. The Anchor Health Services empower people to take back control of their health care across the silos of the health industry.

By accessing or using the Platform, you confirm that you have read and understand the Terms and you acknowledge that you agree to the obligations outlined in the Terms. Anchor Health offers users access and use to the Platform if a user agrees to be bound by these Terms. By using the Platform, the user automatically agrees to the Terms. If you do not agree with the Terms, you should not use the Platform. If you use the Platform on behalf of someone else (such as your child) or an entity (such as your employer), you represent that you are authorized by such individual or entity to accept the Terms on such individual’s or entity’s behalf and that you have signed any required consents, authorizations or taken all other required actions.

Anchor Health may revise and update these Terms at any time. Your continued usage of the Platform will mean you accept those changes.

MEDICAL ADVICE
Anchor Health does not provide medical advice. Anchor Health is not a health care provider and use of the Platform does not replace medical advice from a qualified health provider. We encourage you to seek the advice of your physician or other qualified health provider for any health related issue. In a health emergency, please dial 911.

All of the information provided on the Platform, such health conditions, physician profiles, personal health profiles, health facility information, mental health screening tools, treatments, medications and so on, are not a substitute for professional medical advice or treatment.

Anchor Health helps you find health information and resources relevant to you. However, Anchor Health does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Platform. Reliance on any information accessed on the Platform or by persons appearing on the Platform, is solely at your own risk.

YOUR COMMITMENTS TO ANCHOR HEALTH

In order to best serve you and the rest of our users, we need to maintain the integrity of the Platform. We require that you agree to the following commitments. Anchor Health reserves the right to determine and what would qualify as a violation of the below commitments, and also when a user has violated a commitment. This includes, but is not limited to, the determination of what content qualifies as hateful, threatening, obscene, pornographic, inciteful or violent.

Accounts and Identity

Information

Platform Safety

Intellectual Property

Banned Usage

PERMISSIONS YOU GRANT ANCHOR HEALTH
In order to best serve you and our users, we require that you consent and authorize Anchor Health to conduct the following actions:

Permission to Use Information and Content You Create and Share
Some of the information you share, such as photos or videos, may be protected by intellectual property laws. To provide you with the Platform we need you to give us legal permissions (known as a ‘license’) to use this information. This is solely for the purposes of providing and improving the Platform and complying with all legal regulations. In granting the license below, you represent and warrant that you have or have obtained all appropriate rights to use, share, publish or otherwise use the content.

Specifically, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your information, in a manner consistent with the privacy settings on your device. This license will terminate automatically when your content is deleted from our systems.

You can delete portions of your information or your entire account at any time in accordance with our Privacy Policy. We will delete this information from our systems in accordance with our Privacy Policy.

As outlined in our Privacy Policy, there are times it is not technically feasible to delete your information entirely or we are required to retain your information to comply with our legal and regulatory obligations. In such instances, the information will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis). In each of the above instances, this license will continue until the content has been fully deleted.

Permission to Serve You Advertisements
Anchor Health provides a free tier of service as well as paid membership options.

To help us pay for the costs of development and maintenance of a free tier of service, we may place advertisements with our Sponsored Advertisers (defined in the Privacy Policy), to enable other businesses to market their products and services to you (“Sponsored Results”).

When placing a Sponsored Result we may provide deidentified, pseudonymized or aggregated information(e.g. digital intent, location data) to our Sponsored Advertisers about the of the Sponsored Results we place on our platform for enterprises to assess the effectiveness of their advertisements.

By using the Platform, you agree that we can show you ads that we think will be relevant to you and your interests. We use your personal data to help determine which ads to show you as outlined in our Privacy Policy.

Permission to Use Your Information in Conjunction with Advertisements and Sponsored Content
The value of the Platform to our users is enhanced when users are able to share their opinions and reviews with other users of the platform.

You give us permission to use your information next to advertisements and sponsored content in a manner consistent with your privacy settings. For example, you may wish to recommend a specific provider, insurer or other service provider in the health care ecosystem), we may show your endorsement, review or rating of a product or service being advertised on our platform.

Permission to Update the Platform
The Platform is continuously updated and enhanced to provide greater value to our users. This includes enhancements of features, services, performance, partnerships and security. You give us permission to use your feedback to make updates to the Platform automatically.

OTHER TERMS THAT APPLY TO YOU
Account Suspension
At our sole discretion, we reserve the right to suspend or permanently disable your account for breach of our Terms or behavior that puts the Platform, our users, or any individual at risk, or at our discretion at any time with no prior notice.

Disputes
These Terms and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state. Any disputes under these Terms may be brought in the state courts and the Federal courts in our principal business location in Santa Clara County, California, and you hereby consent to the personal jurisdiction and exclusive venue of these courts.

Scope
These Terms make up the entire agreement between you and Anchor Health regarding your use of the Platform. They supersede any prior agreements. If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.

Transfer of Rights
You will not transfer any of your rights or obligations under these Terms to anyone else without our consent. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Account Modifications
We reserve the right to modify your account to ensure the optimal functioning of the Platform. For example, we may have a need to change your username, or limit your usage of the platform, to ensure the Platform functions as needed for all users.

Update to Terms
We reserve the right to update the Terms for legitimate business reasons from time to time. Unless otherwise required by law, we will notify you before we make changes to these Terms. You will have an opportunity to review the updated Terms before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use the Platform. Should you not agree with the updated Terms you must stop using the Platform and you can delete your account.

Reservation of Rights
We reserve all rights not expressly granted to you.

OUR LIMITS ON LIABILITY
The mission of Anchor Health is to be your champion navigating your health care and we aim to make the highest quality Products and Services available to you. However, it is important for you to know that despite our best efforts, we are unable to guarantee that the Platform will always will be safe, secure, or error-free, or that it will function without disruptions, delays, or imperfections. We cannot predict when the Platform may have issues or fail to perform as expected. We are unable to control the conduct and actions of third parties and are not responsible for their actions or conduct in any way, online or offline.

As such the Platform is provided to you “As Is” and to the extent permitted by law, we disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms of Use or the use of the Platform, even if we have been advised of the possibility of such damages.

INDEMNIFICATION
You agree to release, indemnify, and hold harmless Anchor Health and its affiliates, and their respective officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to the use of the Platform, for Content posted, shared, displayed or otherwise used by you.

OTHER POLICIES THAT APPLY TO YOU
By accepting the Terms, you also agree to the provisions of our Privacy Policy and Cookie Policy .