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Samaritan Health Care
Terms of Use

Carefully read these terms and conditions of use (“Terms of Use”) as they govern your
access to and use of Samaritan Health Care (“Samaritan,” “we,” “us,” and “our”)
Website. Your acceptance of, and compliance with, these Terms of Use is a condition to
your use of the following:

● Samaritanhcpc.com (our “Website”);
● Any products (“Products”) available for purchase through our Website; and
● The services (“Services”) made available through our Website.

The non-medical business support services, our Website, App, and/or Software are collectively
referred to as our “Platform.”
Samaritan contracts Samaritan Health Care, PC (“Medical Group”), which are independent
medical groups with a network of United States based health care providers (each, a
“Provider”) to provide online telehealth clinical consultations, services, and/or treatment. The
professional medical services provided by Medical Group through the use of our Platform are
collectively referred to in this Terms of Use as the “Services.”

By clicking “Accept,” you acknowledge that you have read in its entirety, understand,
and fully accept all terms and conditions contained in these Terms of Use, our Privacy
Policy, and the Notice of Privacy Practices provided to you by Medical Group. If you do
not agree to be bound by these Terms of Use and our Privacy Policy, you are not
authorized to access or use our Platform and/or the Services; PROMPTLY EXIT THIS
WEBSITE.

1. SERVICES PROVIDED – NO MEDICAL CARE OR ADVICE
Samaritan is not a medical group and does not provide medical advice, care, and/or treatment.
Samaritan provides administrative and management services to independent, physician-owned
and operated, medical practices. Any telemedicine consults obtained through our Platform are
provided by Providers, including but not limited to Medical Group. Samaritan licenses the
“Samaritan ” brand name to Medical Group and other affiliated medical practices that use our
Platform to assist in the provision of Services. Each Samaritan -branded practice is owned and
operated by a licensed physician. There is no single provider of medical care called “Samaritan
.” Each Samaritan -branded practice engages a network of United States based clinicians who
provide clinical telehealth services. The Providers deliver clinical services via the Platform to
their patients. Samaritan does not provide medical advice or care, own or operate the medical
practices, employ or in any way supervise the clinicians providing medical care, and control over
the care provided is the sole responsibility of the independent medical practices and the
Providers they employ. Services and practices may vary across Providers, and patients should
contact the Providers at Medical Group directly for all questions concerning their medical care.

2. NOT FOR EMERGENCIES
Our Platform and the Services are not for medical emergencies or urgent situations. You should
not disregard or delay seeking medical advice based on anything that appears or does not
appear on our Platform. If you believe you are experiencing an emergency, call 9-1-1
immediately.
You should seek emergency help or follow up care when recommended by a Provider or when
otherwise needed. You should continue to consult with your primary provider and other

healthcare professionals as recommended. Always seek the advice of a physician or other
qualified healthcare provider concerning questions you have regarding a medical condition and
before stopping, starting, or modifying any treatment.

3. RISK OF TELEHEALTH SERVICES
By using the Services, you acknowledge the potential risks associated with telehealth services.
These include but are not limited to the following: information transmitted may not be sufficient
(e.g. poor resolution of images) to allow for appropriate medical or health care decision making
by the Provider; delays in evaluation or treatment could occur due to failures of electronic
equipment; a lack of access to your medical records may result in adverse drug interactions or
allergic reactions or other judgment errors; although the electronic systems we use incorporate
network and software security protocols to protect the privacy and security of health information,
those protocols could fail causing a breach of privacy of your health information.

4. PRIVACY PRACTICES
You agree that information provided by you in connection with the Platform and the Services
shall be governed by the Privacy Policy, which is hereby incorporated and made part of these
Terms of Use. You also agree that information provided by you in connection with the Services
shall also be governed by the applicable Medical Group Notice of Privacy Practices, and is
hereby incorporated and made part of these Terms of Use.

5. PRESCRIPTION POLICY
Certain products available through the Platform require a valid prescription by a licensed
healthcare provider. You will not be able to obtain a prescription product unless you have
completed a consultation with one of the Providers through the Platform, the Provider has
determined the prescription product is appropriate for you, and the Provider has written a
prescription.
If a Provider determines a prescription product is appropriate for you and writes a prescription,
you may fill the prescription at any pharmacy of your choice as prompted during your use of the
Services.
You agree that any prescriptions that you acquire from a Provider will be solely for your
personal use. You agree to fully and carefully read all provided product information and labels
and to contact a physician or pharmacist if you have any questions regarding the prescription.
We fully honor patient freedom of choice and, if you receive a prescription for a medication, you
always have the option to instruct your Provider to transmit that prescription to the pharmacy of
your choice.

6. NOT AN INSURANCE PRODUCT
We are not an insurer, nor do we offer an insurance plan or product. The amounts you pay to us
for any Services obtained through the Platform are not insurance premiums. If you desire any
type of health or other insurance, you will need to purchase such insurance separately.

7. OWNERSHIP OF THE PLATFORM
The Platform contains confidential and proprietary information, materials, data, databases,
contents, processes, methodologies, know-how, software, text, displays, images, video, audio,
trademarks, logos, service marks, features and functionality, and the design, selection and
arrangement thereof, are owned by Samaritan , its licensors or other providers of such material
and are protected by United States and international copyright, trademark, patent, trade dress,
trade secret and other intellectual property or proprietary rights laws (collectively, the
“Content”).

These Terms of Use permit you to use the Platform for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly
perform, republish, download, store or transmit any of the material on our Platform, including but
not limited to Content, except: (a) your computer may temporarily store copies of such materials
in RAM incidental to your accessing and viewing those materials; (b) you may store files that are
automatically cached by your Web browser for display enhancement purposes; and (c) you may
print or download one copy of a reasonable number of pages of the Platform for your own
personal, non-commercial use and not for further reproduction, publication or distribution. You
must not: (a) modify copies of any materials from the Platform or received through the Services;
(b) use any illustrations, photographs, video or audio sequences or any graphics separately
from the accompanying text; or (c) delete or alter any copyright, trademark or other proprietary
rights notices from copies of materials from the Platform.
You may not frame or utilize framing techniques to enclose, or deep linking to, any name,
trademarks, service marks, logo, content, or other proprietary information (including, without
limitation, images, text, page layout, or form) of Samaritan without our express written consent.
You must not access or use any part of the Platform or any services or materials available
through the Platform for outsourcing for others or as part of a service bureau business so
otherwise for the benefit of unaffiliated third parties who pay directly for its benefit or for other
similar commercial purposes, or otherwise exploited for any commercial purpose without
express written consent of Samaritan .
If you print, copy, modify, download or otherwise use or provide any other person with access to
any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease
immediately and you must, at our option, return or destroy any copies of the materials you have
made. No right, title or interest in or to the Platform or any content on the Platform is transferred
to you, and all rights not expressly granted are reserved by Samaritan . Any use of the Platform
not expressly permitted by these Terms of Use is a breach of these Terms of Use and may
violate copyright, trademark and other laws.

8. AVAILABILITY OF SERVICES
Samaritan operates subject to state and federal regulations, and the Platform may not be
available in your state. You represent that you are not a person barred from enrolling for or
receiving the Platform under the laws of the United States or other applicable jurisdictions in
which you may be located. Accessing the Platform from jurisdictions where content is illegal, or
where we do not offer the Platform, is prohibited.

9. ACCESS TO PLATFORM, SECURITY, AND RESTRICTIONS; PASSWORDS
You are prohibited from violating or attempting to violate the security of the Platform, including,
without limitation, (a) accessing data not intended for such user or logging onto a server or an
account which the user is not authorized to access; or (b) attempting to probe, scan, or test the
vulnerability of a system or network or to breach security or authentication measures without
proper authorization; or (c) accessing or using the Platform or any portion thereof without
authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to
access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass
our robot exclusion headers or other measures we may use to prevent or restrict access to the
Platform.
Violations of system or network security may result in civil or criminal liability. Samaritan will
investigate occurrences that may involve such violations and may involve, and cooperate with,
law enforcement authorities in prosecuting users who are involved in such violations. You agree

not to use any device, software, or routine to interfere or attempt to interfere with the proper
working order or manner of the Platform or any activity being conducted on the Platform.
In the event access to the Platform or a portion thereof is limited requiring a user ID and
password (“Protected Areas”), you agree to access Protected Areas using only your user ID
and password as provided to you by us. You agree to protect the confidentiality of your user ID
and password, and not to share or disclose your user ID or password to any third party. You
agree that you are fully responsible for all activity occurring under your user ID. Your access to
the Platform may be revoked by Samaritan at any time with or without cause. You agree to
defend, indemnify, and hold Samaritan harmless from and against all third party claims,
damages, and expenses (including reasonable attorneys’ fees) against or incurred by arising
out of your breach of these Terms of Use or violation of applicable law, your use or access of
the Platform, or access by anyone accessing the Platform using your user ID and password.
If you submit, upload, post, or transmit any health information, medical history, conditions,
problems, symptoms, personal information, consent forms, agreements, requests, comments,
ideas, suggestions, information, files, videos, images, or other materials to us or our Platform
(“User Information”), you agree not to provide any User Information that (a) is false, inaccurate,
defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent,
pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or
infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property
rights of any person or entity, or (c) contains or transmits a virus or any other harmful
component. You agree not to contact other Platform users through unsolicited e-mail, telephone
calls, mailings, or any other method of communication. You represent and warrant to Samaritan
and Medical Group that you have the legal right and authorization to provide all User
Information to Samaritan and Medical Group for use as set forth herein and required by
Samaritan and the Medical Group Provider.
Samaritan or Medical Group may de-identify your information such that it is no longer
considered protected health information or personally identifiable information. Samaritan or
Medical Group may disclose, aggregate, sell, or otherwise use such de-identified information to
third parties for analytics, research, or other purposes.

10. NO USERS UNDER 18 YEARS OLD
In order to access the Platform and the Services, you represent and warrant that you are 18
years old or older. If you are under the age of 18, please do not attempt to register with us on
the Platform or provide any personal information about yourself to us. If we learn that we have
collected personal information from someone under the age of 18, we will promptly delete that
information. If you believe we have collected personal information from someone under the age
of 18, please Contact Us.

11. YOUR ACCOUNT
You agree to: (a) provide true, accurate, current, and complete information when registering to
use the Platform and establish your account (“Registration Information”) and (b) maintain and
promptly update the Registration Information to keep it true, accurate, current, and complete. If
you provide any information that is untrue, inaccurate, not current, or incomplete, or we have
reasonable grounds to suspect that such information is untrue, inaccurate, not current, or
incomplete, we may suspend or terminate your account. You are entirely responsible for
maintaining the confidentiality of any passwords and any usage and activities that occur in
connection with your account. You agree not to allow others to access your account or utilize
your password. Doing so will compromise the security of your account.

12. ACCURACY AND INTEGRITY OF INFORMATION; COLORS

Although we attempt to ensure the integrity and accuracy of the Platform, we makes no
representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the
Platform and Content thereon. It is possible that the Platform could include typographical errors,
inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could
be made to the Platform by third parties. In the event that an inaccuracy arises, please inform us
so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the
Platform without notice. Information contained on the Platform may be changed or updated
without notice. Additionally, Samaritan shall have no responsibility or liability for information or
Content posted to the Platform from any unaffiliated third party.
We have made significant efforts to accurately display the colors of our products that appear on
the Platform. However, as the actual colors you see will depend on your monitor, we cannot
guarantee that your monitor's display of any color will be accurate.

13. TYPOGRAPHICAL ERRORS AND INCORRECT PRICING
In the event a Product or Service is listed at an incorrect price due to typographical error or error
in pricing information received from our suppliers or business partners, we shall have the right to
refuse or cancel any orders placed for a Product or Service listed at the incorrect price. We shall
have the right to refuse or cancel any such orders whether or not the order has been confirmed
and your credit or debit card charged. If your credit or debit card has already been charged for
the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit
card account in the amount of the incorrect price.

14. ORDERS AND PURCHASES

ONLINE PAYMENTS

You can purchase products or pay for Services on the Platform. To simplify the user experience
on the Platform, you are able to pay for your purchases via the Platform with Samaritan serving
as payment processing agent on your behalf. If you elect to purchase a Service from a Medical
Group, then the total price you pay includes the amount charged by the Medical Group for the
Service. We collect the amounts charged by the Medical Group on your behalf and pass
through to them the payment for their actual charges. Before making a purchase, you will see
an itemized invoice listing the actual charges by Medical Group for the Services.
We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for
a transaction, we may obtain pre approval for an amount up to the amount of the payment. If
you enroll to make recurring payments automatically, all charges and fees will be billed to the
credit card you designate during the setup process. If you want to designate a different credit
card or if there is a change in your credit card, you must change your information online. This
may temporarily delay your ability to make online payments while we verify your new payment
information.
You represent and warrant that if you are making online payments that (a) any credit card, debit
card and bank account information you supply is true, correct, and complete, (b) charges
incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the
charges incurred by you in the amounts posted, including, without limitation, any applicable
taxes, and (d) you are the person in whose name the card was issued and you are authorized to
make a purchase or other transaction with the relevant credit card and credit card information. If
we are unable to secure funds from the payment method you provide for any reason, including
insufficient funds in the payment method or insufficient or inaccurate information provided by
you when submitting electronic payment, we may undertake further collection action, including
application of fees to the extent permitted by law. You acknowledge and agree that you will not
dispute the charges from Samaritan , Medical Group, or any third party payment processor with

the payment method company, provided the transactions correspond to the terms indicated in
these Terms of Use.

15. ORDER ACCEPTANCE
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your
account may also be restricted or terminated for any reason, at our sole discretion. For your
convenience, you will not be charged until your payment method is authorized, the order
information is verified for accuracy and your order is shipped. Some situations that may result in
your order being canceled include limitations on quantities available for purchase, inaccuracies
or errors in product or pricing information, or problems identified by our credit and fraud
avoidance department. We may also require additional verifications or information before
accepting any order. We will contact you if all or any portion of your order is canceled or if
additional information is required to accept your order. If your order is canceled after your credit
card (or other payment account) has been charged, we will issue a credit to your credit card (or
other applicable payment account) in the amount of the charge.

16. LINKS TO OTHER SITES
We make no representations whatsoever about any other website that you may access through
the Platform. When you access a non-Samaritan website, please understand that it is
independent from us, and that we have no control over the content on that website. In addition,
a link to a non-Samaritan website does not mean that we endorse or accept any responsibility
for the content, or the use, of the linked website. It is up to you to take precautions to ensure
that whatever you select for your use or download is free of such items as viruses, worms,
Trojan horses, and other items of a destructive nature. If you decide to access any of the third
party websites linked to the Platform, you do this entirely at your own risk.

17. CONSENT TO RECEIVE CALLS, TEXT MESSAGES, AND AUDIO AND/OR VIDEO RECORDING
By providing your mobile number, you are agreeing to be contacted by or on behalf of
Samaritan at the mobile number you have provided, including text messages, to receive
informational, product or service related (e.g., progress tracking, reminders, etc.) messages and
communications relating to the Platform. Message and data rates may apply. To stop receiving
text messages text a reply to us with the word STOP. We may confirm your opt out by text
message. If you subscribe to multiple types of text messages from us, we may unsubscribe you
from the service that most recently sent you a message or respond to your STOP message by
texting you a request to identify services you wish to stop. Please note, that by withdrawing your
consent, some of the functions provided by the Platform may no longer be available to you.
Keep in mind that if you stop receiving text messages from us you may not receive important
and helpful information and reminders about your services.
Samaritan or your Provider may record (audio and video) all or part of your interaction with us
or them (“Recordings”). Such Recordings are used for quality assurance and training purposes,
to better deliver to you the products and services, and to help us improve the Platform. We will
keep such Recordings confidential, and we will not publicly display such recordings unless
legally required to do so, such as if subject to a court order. By accessing and using our
Platform, you agree and consent to such Recordings for the purposes and uses set forth in
these Terms of Use and as otherwise set forth in the Privacy Policy.

18. CAN-SPAM ACT AND TELEPHONE CONSUMER PROTECTION ACT COMPLIANCE
Samaritan , Medical Group, and your Provider are committed to being compliant with the
Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and
the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from
us as set forth in the above section, Consent to Receive Calls, Text Messages, and Audio
and/or Video Recording. E-mails, newsletters, and text messages received from us are intended

to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an e-mail or
text message from us which you do not believe is fully compliant with the CAN-SPAM Act or the
TCPA, please Contact Us.

19. ELECTRONIC COMMUNICATIONS
When you use the Platform, or send emails, messages, and other communications from your
desktop or mobile device to us, you are communicating with us electronically. You consent to
receive communications from us electronically. You agree that (a) all agreements and consents
can be signed electronically and (b) all notices, disclosures, and other communications that we
provide to you electronically satisfy any legal requirement that such notices and other
communications be in writing. Samaritan , Medical Group, and your Provider may contact you
by telephone, mail, or e-mail to verify your information. Samaritan , Medical Group, and your
Provider may request further information from you and you agree to provide such further
information to ensure that you have not fraudulently used the Platform. If you do not provide this
information in the manner requested within 14 days of the request, we reserve the right to
suspend, discontinue, or deny your access to and use of our Platform until you provide the
information to us as requested.

20. EXTERNAL SERVICES
The Platform may enable access to Samaritan ’s and/or third-party services and websites,
including social media sites (collectively and individually, "External Services"). You agree to
use the External Services at your sole risk. We are not responsible for examining or evaluating
the content or accuracy of any third-party External Services, and shall not be liable for any such
third-party External Services. Data displayed by the Platform or External Service, including but
not limited to financial, medical, and location information, is for general informational purposes
only and is not guaranteed by Samaritan or its agents. You will not use the External Services in
any manner that is inconsistent with the terms of these Terms of Use or that infringes the
intellectual property rights of Samaritan or any third party. You agree not to use the External
Services to harass, abuse, stalk, threaten, or defame any person or entity, and that we are not
responsible for any such use. External Services may not be available in all languages or in your
Home Country, and may not be appropriate or available for use in any particular location. To the
extent you choose to use such External Services, you are solely responsible for compliance with
any applicable laws. We reserve the right to change, suspend, remove, disable or impose
access restrictions or limits on any External Services at any time without notice or liability to
you.

21. SUPPLEMENTAL TERMS APPLICABLE TO PROVIDERS
These supplemental terms apply to Providers in addition to the other provisions of these Terms
of Use. In the event of a conflict between the supplemental terms and any other terms herein,
the supplemental terms shall prevail.
To be a healthcare provider using the Platform (for purposes of this Section, “Provider” or
“you”), you must be a licensed physician, nurse practitioner, or healthcare professional
contracted or employed by the Medical Group, and must agree to comply with all laws, medical
board rules, and other rules and regulations applicable to you as a Provider or otherwise. Your
relationship with the Samaritan users (including, but not limited to, your Medical Group patients)
is directly between you and the patient. The patient will never have a physician-patient
relationship with Samaritan . Samaritan does not practice medicine and offers no medical
services. As set forth more fully below, Provider is solely responsible for all agreements,
consents, notices, and other interactions with patients and other consumers. Without limiting the
generality of the foregoing, Provider and Samaritan are each responsible for all billings and
collections from patients and other consumers, and Samaritan shall have no liability

whatsoever to Provider with respect to any amounts owed by any patient or other consumer to
Provider.
We do not provide any medical advice, legal advice, or representations in any way regarding
any legal or medical issues associated with Provider, goods, or services offered by Provider,
including but not limited to any compliance obligations or steps necessary to comply with any
state or federal laws and regulations. Provider should seek legal counsel regarding any legal
and compliance issues and should not rely on any materials or content associated with the
Platform in determining Provider’s compliance obligations under the law. Provider and
Samaritan agree that Samaritan is not providing to customers, patients, or anyone else,
medical advice, or legal advice. THE PLATFORM IS NOT MEANT TO SUBSTITUTE OR
MODIFY YOUR PROFESSIONAL JUDGMENT IN ANY WAY.
Providers will use the Platform only in accordance with applicable standards of good medical
practice. While software products such as the Platform can facilitate and improve the quality of
service that Provider can offer patients, many factors, including but not limited to the
provider/patient relationship, can affect a patient’s outcome, and with intricate and
interdependent technologies and complex decision-making, it is often difficult or impossible to
accurately determine what the factors were and in what proportion they affected an outcome.
Provider will advise patients, when reasonably necessary, that Services provided through the
Platform may not be a complete or adequate substitute for in-person assessments by the
Provider. Provider shall be solely responsible for its use of the Platform and the provision of
medical services to Provider’s patients. In this regard, Provider releases Samaritan and waives
any and all potential claims against Samaritan as a result of Provider’s use of the Platform and
the provision of Services to Provider’s patients.
As a result of the complexities and uncertainties inherent in the patient care process, Provider
agrees to defend, indemnify, and hold Samaritan harmless from any claim by or on behalf of
any patient of Provider, or by or on behalf of any other third party or person claiming damage by
virtue of a familial or financial relationship with such a patient, which is brought against
Samaritan , regardless of the cause if such claim arises for any reason whatsoever, out of
Provider’s use or operation of the Platform. To the extent applicable, Provider will obtain
Samaritan ’s prior written consent to any settlement or judgment in which Provider agrees to any
finding of fault of Samaritan or defect in the Platform. Samaritan will promptly notify Provider in
writing of any claim subject to this indemnification, promptly provide Provider with the
information reasonably required for the defense of the same, and grant to Provider exclusive
control over its defense and settlement.
If you submit, upload, transmit, or post any consents, notices, advice, recommendations,
comments, files, videos, images, or other materials to us or our Platform (“Provider Content”)
or provide any Provider Content to patients or other consumers, you agree not to provide any
Provider Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening,
harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical
behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets,
or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any
other harmful component. Provider is solely responsible for obtaining all necessary agreements
and consents from, and providing all required notices to, patients and other consumers. You
agree not to contact other users through unsolicited e-mails, telephone calls, mailings, or any
other method of communication. You represent and warrant to Samaritan that you have the
legal right and authorization to upload all Provider Content to the Platform. Samaritan shall
have a royalty-free, irrevocable, transferable right, and license to use the Provider Content
however Samaritan desires, including without limitation, to copy, modify, delete in its entirety,
adapt, publish, translate, create derivative works from or sell or distribute such Provider Content

or incorporate such Provider Content into any form, medium, or technology throughout the
world. Samaritan is and shall be under no obligation: (i) to maintain any Provider Content in
confidence; (ii) to pay to you any compensation for any Provider Content; or (iii) to respond to
any Provider Content.
Samaritan does not regularly review Provider Content, but does reserve the right (but not the
obligation) to monitor and edit or remove any Provider Content submitted to the Platform. You
grant Samaritan the right to use the name that you submit in connection with any Provider
Content. You agree not to use a false e-mail address, impersonate any person or entity, or
otherwise mislead as to the origin of any Provider Content. You are and shall remain solely
responsible for the content of any Provider Content you post to the Platform or provide to
patients or other consumers. Samaritan and its affiliates take no responsibility and assume no
liability for any Provider Content submitted by you or any third party.

22. NO THIRD PARTY RIGHTS
Unless expressly stated in these Terms of Use, nothing herein is intended to confer any rights,
obligations, duties, or remedies, on any person other than you, Samaritan , Medical Group, and
their affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or
liability of any third persons to you, Samaritan, Medical Group, and its affiliates, nor shall any
provision give any third parties any right of subrogation or action over against you, Samaritan ,
Medical Group, and its affiliates. The Platform is only provided for your benefit and may not be
relied on by any third party.

23. DISPUTE RESOLUTION; LITIGATION AGREEMENT
To the fullest extent permitted by law, each party to these Terms of Use waives its right to seek
remedies in court, including any right to a jury trial.  Any controversy or claim arising out of or
relating to these Terms of Use, its enforcement or interpretation, or because of an alleged
breach, default, or misrepresentation in connection with any of its provisions (“Claims”), as well
as the determination of the scope or applicability of this agreement to arbitrate, shall be settled
by binding arbitration conducted by JAMS according to its Comprehensive Arbitration Rules and
Procedures before a single arbitrator.  In agreeing to arbitrate all Claims, you waive all rights to
a trial by jury in any action or proceeding involving any Claim.  The arbitration shall be held in
Kent County, Michigan, and judgment on the award rendered by the arbitrator may be entered
by any state or federal court having jurisdiction thereof.  Furthermore, the arbitration provision
shall survive termination of these Terms.  Subject to the limitations set forth below, the arbitrator
shall have authority to award legal and equitable relief available in the courts of the State of
Michigan, provided that, the arbitrator shall not have authority to award punitive damages,
consequential damages, special damages, or attorney’s fees and related costs.  Any and all
claims shall be arbitrated on an individual basis only and shall not be consolidated or joined with
or in any arbitration or other proceeding involving a Claim of any other party. You agree that the
arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form
other than on an individual basis.  FOR THE AVOIDANCE OF DOUBT, THE PARTIES
ACKNOWLEDGE AND AGREE AND UNDERSTAND THAT BY AGREEING TO ARBITRATE
ANY CLAIM OR CLAIMS ON AN INDIVIDUAL BASIS ARISING OUT OF OR RELATING TO
THESE TERMS, THE PARTIES WAIVE ALL RIGHTS TO A TRIAL BY JURY OR TO
PROCEED AS PART OF A CLASS IN ANY ACTION OR PROCEEDING INVOLVING ANY
SUCH CLAIM OR CONTROVERSY. TO THE FURTHEST EXTENT PROVIDED BY LAW,
YOU AND Samaritan AGREE AND UNDERSTAND THAT THESE TERMS DO NOT PERMIT
CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER
IN ANY CLASS OR REPRESENTATIVE ARBITRATION. THE ABRITRAITOR OR
ARBITRATIONAL TRIBUNAL, AS APPLICABLE, MAY NOT CONSOLIDATE MORE THAN

ONE USER’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING.

In the event the prohibition on class arbitration is deemed invalid or unenforceable, then you
and Prescibery agree and understand that the remaining portions of these arbitration provisions
in these Terms will remain in full force and effect. You and Prescibery agree that this arbitration
section shall be grounds for dismissal of any court action commenced with respect to a dispute
arising out of such matters.

24. INDEMNIFICATION
You agree to defend, indemnify, and hold Samaritan and any affiliates harmless from and
against any and all rights, demands, losses, liabilities, damages, claims, causes of action,
actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any
kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse
of the Platform, Products, Services, or any information posted on the Platform; (ii) your breach
of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you
provide to Samaritan , Medical Group, your Provider, or a customer service agent; or (iv) any
negligent or wrongful act or omission by you in your use or misuse of the Platform, Products,
Services, or any information on the Platform, including without limitation, infringement of third
party intellectual property rights, privacy rights, or negligent or wrongful conduct.

25. DISCLAIMER OF WARRANTIES
SAMARITAN DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL
BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE
CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION
CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED
“AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT.
Samaritan DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS
OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM,
PLATFORM-RELATED SERVICES, SERVICES, AND LINKED WEBSITES. Samaritan DOES
NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES,
WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE
RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR
NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND
DISTRIBUTED BY Samaritan ARE SUBJECT TO SEPARATE WARRANTY TERMS AND
CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE
PRODUCTS OR SERVICES.

26. LIMITATION OF LIABILITY REGARDING USE OF PLATFORM AND SERVICES
SAMARITAN AND ANY THIRD PARTIES MENTIONED ON THIS PLATFORM ARE NEITHER
RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST
PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING
IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICE, CONTENT,
OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE,

WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY
AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR
SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED
SERVICES, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM
AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING
LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE
LIABILITY OF Samaritan TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM AND
SERVICES IS $500 (FIVE HUNDRED DOLLARS).

27. FORCE MAJEURE
We will not be deemed to be in breach of these terms or liable or deemed to have defaulted for
any breach of these Terms of Use or our Privacy Policy for any failure or delay in fulfilling or
performing any term of these Terms of Use, when and to the extent such failure or delay is
caused by or results from acts beyond our reasonable control, including, without limitation, the
following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire,
earthquake, explosion, pandemic, or epidemic; (c) war, invasion, hostilities (whether war is
declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or
actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national
or regional emergency; and (g) other events beyond the reasonable control of Samaritan . We
will do our best to communicate with you and to provide notice within thirty (30) days of the
Force Majeure Event, stating the period of time the occurrence is expected to continue. We
shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure
Event are minimized. Samaritan shall resume the performance of its obligations as soon as
reasonably practicable after the removal of the cause.

28. REVISIONS; GENERAL
Samaritan reserves the right, in its sole discretion, to terminate your access to all or part of the
Platform, with or without cause, and with or without notice. In the event that any of the Terms of
Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such
provisions shall be limited or eliminated to the minimum extent necessary so that these Terms
of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire
agreement between Samaritan and you pertaining to the subject matter hereof. In its sole
discretion, Samaritan may from time-to-time revise these Terms of Use by updating this posting.
You should, therefore, periodically visit this page to review the current Terms of Use, so you are
aware of any such revisions to which you are bound. Your continued use of the Platform after
revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use.
Certain provisions of these Terms of Use may be superseded by expressly designated legal
notices or terms located on particular pages within the Platform.

29. CONTACT US

Samaritan Health Care, PC
811 E Kent Rd.
Greenville, MI 48838
Telephone: 616-502-0238
E-mail: info@samaritanhcpc.com