END USER LICENSE AGREEMENT (GOOGLE PLAY)

Welcome to ICmed, a mobile software application (the "App") that will help you track your health and the health of others who allow you access to their account!

This Agreement applies solely to your use of the proprietary ICmed technologies and/or application software, including, without limitation, any documentation supplied therewith (whether in electronic or paper form) (collectively, the "Licensed Technology"), including all enhancements, versions, and modifications to the Licensed Technology, which Licensed Technology you have chosen to download from the Google Play store. Both ICmed and you acknowledge that this Agreement is between ICmed and you, and that Google, Inc. (and/or any of its subsidiaries) (any of the foregoing, individually or collectively, "Google") is not a party to this Agreement. By accessing or using the Licensed Technology, you are indicating your acceptance and agreeing to all of the terms and conditions of this Agreement. This Agreement incorporates by reference the Google Play Store Terms of Service (the "Google Play Terms of Service"). Upon valid acceptance of this Agreement (as described above), you agree and understand that you are also bound by the Google Play Terms of Service. If you do not accept and agree to the foregoing terms and to the following terms and conditions, you will not be permitted to access or use the Licensed Technology.

You also agree that you have read our Privacy Policy and that you agree to the terms of that Policy. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU WILL NOT BE PERMITTED TO ACTIVATE THE APP FOR USE ON YOUR MOBILE DEVICE. When using or accessing the App, you agree that you must comply with any guidelines, rules, terms and conditions applicable to such use or access that are posted by us, which are hereby incorporated by reference into these Terms.

We may modify these Terms at any time by posting the revised Terms on the App. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of these Terms. Any modifications will be effective immediately upon such posting. You must agree to any changes that are made to these Terms of Use before you will be allowed to continue using the App.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify, suspend or discontinue the App; charge fees in connection with the use of the App; modify and/or waive any fees charged in connection with the App; and/or offer opportunities to some or all users of the App. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the App, in whole or in part, or of any service, content, feature or product offered through the App.

DISCLAIMER: USE OF THE APP IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR ADVICE. THE APP IS NOT INTENDED FOR USE IN EMERGENCY SITUATIONS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, IMMEDIATELY DIAL 9-1-1. THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. YOUR USE OF THE APP IS VOLUNTARY AND AT YOUR SOLE RISK.

ABOUT THE APP

The App provides enhanced technology to allow you to better keep track of your own health information and that of your family or others who give you access to their ICmed account. The App allows you to add information about your vitals, medications, healthcare providers and appointments, store documents, reports and exams and record information in a journal. The App allows you to monitor health information about your family, loved ones and anyone else who allows you to access their account. Healthcare providers, servicers, marketers and payers might also use the App to send information for self-health and benefits awareness and services.

IT IS IMPORTANT THAT YOU UNDERSTAND THAT THE APP IS NOT A SUBSTITUTE FOR ANY HEALTHCARE SERVICE, BECAUSE THE APP IS NOT PROVIDING ANY HEALTHCARE SERVICE. THE APP DOES NOT DIAGNOSE, ASSESS, EVALUATE OR OFFER TREATMENT SUGGESTIONS FOR ANY HEALTH OR MEDICAL CONDITION. THE APP CANNOT REPLACE YOUR INTERACTION WITH ANY OF YOUR HEALTHCARE PROVIDERS. YOUR HEALTHCARE PROVIDERS MAY USE THE APP TO SEND YOU INFORMATION THAT THEY BELIEVE IS RELEVANT TO ONE, OR MORE, OF YOUR MEDICAL CONDITIONS.

USE OF THE APP

As a condition of your use of the App, you agree that:

LICENSE

ICmed grants to you a limited, royalty-free, non-exclusive, personal and non-transferable license to install and use the App on a single personal mobile electronic device or smart phone owned or controlled by you solely for your own personal, non-commercial purposes, subject to your compliance with these Terms.

OWNERSHIP OF THE APP

The App, including all content that is not your health information, is the property of ICmed (or its licensors) and is protected by applicable intellectual property laws. The App is licensed, not sold, to you. You may utilize the App only as permitted by these Terms. You may not, and you agree that you will not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of the App; (2) use or merge the App, or any component or element thereof, with other software, databases or services not provided by ICmed; (3) sublicense, distribute, sell or otherwise transfer the App to any third party; (4) use the App as a service bureau, or lease, rent or loan the App to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the App; (6) interfere in any manner with the operation of the App; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the App; (8) create a database by systematically downloading and storing the App; (9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way gather the App or reproduce or circumvent the navigational structure or presentation of the App without our express prior written consent; or (10) use the App for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the App. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the App.

TRADEMARKS

Any logo, trademark, servicemark, domain name, or trade name appearing on the App, including "ICmed" ("Marks"), whether registered or not, is the property of ICmed or their respective owners. You may not use any Marks without the express written permission of ICmed.

INFORMATION THAT YOU SUBMIT

Your submission of information through the App is governed by ICmed's Privacy Policy, which you have reviewed and agreed to as part of downloading the App. You can review the Privacy Policy at any time by going to https://icmedonline.com/privacypolicy. You represent and warrant that any information that you provide in connection with your use of the App is and shall remain true, accurate and complete, and that you will maintain and update such information regularly. You agree that if any information that you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the App.

For purposes of clarity, you retain ownership of any information, content and materials that you submit through the App (each, a "Submission"). However, please note that we need certain rights to your Submissions to be able to make them available on the App and as stipulated in the privacy policy. As such, you hereby grant to ICmed and its service providers and designees a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation to edit, modify, translate and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any App now known or hereafter developed.

The license that you have granted to us for all Submissions is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid-up and royalty-free (so that we do not have to pay you for posting your Submissions), and sublicensable through multiple tiers (so that we can use our service providers and subcontractors to provide services).

For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the App, comply with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the services available through the App.

INFORMATION THAT YOUR PERMITTED PERSONS SUBMIT

Depending upon how you use the App, your employer health plan, its agents and brokers, your healthcare providers and others may send information to you about your overall health, wellness or a medical condition. This information is not generated by ICmed. We make no representation as to whether this information is relevant to you, will be of any value to you, will help you monitor, deal with or improve any medical condition that you may have or is a valuable good or service.

COPYRIGHT INFRINGEMENT NOTICE

Pursuant to the Digital Millennium Copyright Act, ICmed has designated the person listed below as its agent to receive notifications of alleged copyright or other intellectual property infringement on this Website. ICmed respects the intellectual property of others, and asks our users to do the same. If you believe that your work has been copied in a way that constitutes infringement, or your intellectual property rights have been otherwise violated, please provide ICmed's Copyright Agent the following information (the "Copyright Notice"): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the ICmed Technology; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in your Copyright Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

ICmed's Agent for transmitting the Copyright Notice for claims of copyright or other intellectual property infringement can be contacted at: legal@icmedonline.com.

MONITORING

You acknowledge and agree that (a) we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submission, and the circumstances surrounding its transmission, to any third party in order to operate the App; to protect ICmed and its respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, and the App's users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.

PERSONAL IDENTIFICATION NUMBER

When you download the App onto your mobile device you will be required to select and input a Personal Identification Number (PIN). We may refuse to grant you, and you may not use, a PIN that is already being used by someone else; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

Your PIN is for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of your PIN and agree not to transfer your PIN, or lend or otherwise transfer your PIN, to any third party. You are fully responsible for all interaction with the App that occurs in connection with your PIN. You agree to immediately notify ICmed of any unauthorized use of your PIN or any other breach of security related to your account or the App, and to ensure that you "log off"/exit from your account with the App (if applicable) at the end of each session. To report unauthorized access or use of the App, send an e-mail to icmedsupport@icmedonline.com We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

TERMINATION

ICmed may suspend or terminate your use of or access to the App if you fail to comply with the Terms. Such suspension or termination may result in the permanent deletion of your information or other previously available content. ICmed reserves the right to discontinue offering the App at any time in its sole discretion (this does not include the temporary suspension or downtime of the App). If we discontinue offering the App, ICmed will destroy all data related to you that it has in its possession.

USER ACKNOWLEDGEMENTS

You acknowledge and agree that you (and not ICmed) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the App, and for paying all charges related thereto. ICmed does not operate or control the Internet or your mobile connection, and therefore ICmed does not and cannot guarantee that the App will be error or virus free, invulnerable to hackers or other unauthorized users, or always available.

INDEMNIFICATION

To the fullest extent permitted under law, you will defend, indemnify and hold harmless ICmed and its affiliates, and its and their officers, directors, employees, agents and licensors from and against all claims, actions, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) arising out of or related to your use of the App or any violation of these Terms by you.

EXCLUSIONS OF WARRANTIES

ICMED AND ITS AFFILIATES DISCLAIM ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT RELATED TO YOUR USE OF THE APP. ICMED AND ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERROR, DELAY OR INTERRUPTION IN THE APP. ICMED AND ITS AFFILIATES MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY REGARDING THE TIMELINESS, RELIABILITY, ACCURACY, COMPLETENESS OR USEFULNESS OF ANY PORTION OF THE APP, INCLUDING THE CONTENT MADE AVAILABLE THROUGH THE APP, OR REGARDING THE AVAILABILITY OR APPROPRIATENESS OF THIRD-PARTY PROVIDERS. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE APP IS AT YOUR OWN RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE THAT YOU MAY INCUR THROUGH USE OF THE APP, EXCEPT TO THE EXTENT THAT THE APPLICABLE LAWS OF A PARTICULAR JURISDICTION CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ICMED, ITS SUBSIDIARIES AND ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY OTHER DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF OR RELATED TO THESE TERMS OF USE INCLUDING, BUT NOT LIMITED TO, (A) YOUR USE OF THE APP, THE CONTENT, OR OTHER INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE APP; (B) YOUR INABILITY TO USE THE APP; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED THROUGH THE APP; (D) THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE APP; OR (E) THESE TERMS OF USE. THE FOREGOING LIMITATION APPLIES EVEN IF ICMED KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THAT THEY ARE LAWFUL IN YOUR JURISDICTION.

IN NO EVENT WILL ICMED'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ICMED IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE APP EXCEED $100. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THIRD-PARTY INFORMATION AND LINKS TO THIRD-PARTY WEBSITES (INCLUDING THIRD-PARTY PROVIDER OR PAYOR WEBSITES)

The App may contain information concerning Third-Party Providers, Payors and other third parties (sometimes referred to as "partners or advertisers") who may offer third-party products or services through or compatible with the App. The App may also provide links to third-party websites (including websites of Third-Party Providers or Payors) as a paid service to Third-Party Providers or Payors. Such information and links are provided for your convenience and not because we endorse or have an opinion about the content on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites, the privacy practices of those websites or the services or products available through such websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such linked site or resource.

JURISDICTIONAL ISSUES

The App is controlled and operated by ICmed from the United States, and is not intended to subject ICmed or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. ICmed does not represent or warrant that the App or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States.

RELATIONSHIPS

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the use of the App, whether between you, ICmed, its affiliates, or any Third-Party Provider or Payor.

ELECTRONIC COMMUNICATIONS

When you use the App, you are communicating electronically and consent to receive electronic communications related to your use of the App. We will communicate with you by posting notices on the App. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when posted on the App.

EXPORT CONTROLS

In choosing to access the App, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; or (b) on any of the U.S. government lists of restricted end users. We may limit the App's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

GOVERNING LAW

You agree that these Terms shall be construed in accordance with the laws of the State of Delaware without regard to its conflict of laws provisions. Any claim or dispute arising in connection with your use of the App shall be brought exclusively in the courts of the State of Maryland where ICmed operates. Any cause of action or claim you may have with respect to the App must be commenced within one (1) year after the cause of action or claim arises. ICmed's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and ICmed nor any trade practices shall act to modify the Terms. ICmed may assign its rights and duties hereunder to any third party at any time without consent or notice to you.

DISPUTE RESOLUTION

You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us related to the App (i) you will submit to the state or federal courts of the State of Maryland and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.

We each agree that we shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that disputes shall be litigated only on an individual basis and not in a class, consolidated or representative action. The court does not have the power to vary these provisions.

You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with us related to the App shall be governed by and construed in accordance with the laws of the State of Maryland in all matters, including, without limitation, its validity, construction, interpretation and performance, without regard to provisions regarding conflicts of law. Any cause of action or claim you may have with respect to the App must be commenced within one (1) year after the claim or cause of action arises.

MISCELLANEOUS

If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms, together with the Privacy Policy and all other policies referred to herein, are the entire Agreement between you and ICmed relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and ICmed relating to such subject matter.

QUESTIONS

You may contact ICmed at icmedsupport@icmedonline.com with any questions, complaints or claims regarding the App.

End User License Agreement (iOS)

Welcome to ICmed, a mobile software application (the "App") that will help you track your health and the health of others who allow you access to their account!

This Agreement applies solely to your use of the proprietary ICmed technologies and/or application software, including, without limitation, any documentation supplied therewith (whether in electronic or paper form) (collectively, the "Licensed Technology"), including all enhancements, versions, and modifications to the Licensed Technology. Apple Inc. ("Apple") is not a party to this Agreement and ICmed is solely responsible for the Licensed Technology and the content thereof. By accessing or using the Licensed Technology, you are indicating your acceptance and agreeing to all of the terms and conditions of this Agreement. If you do not accept and agree to the foregoing terms and to the following terms and conditions, you must click the button below labeled "I Do Not Accept," in which case, you will not be permitted to access or use the Licensed Technology. You acknowledge that your use of the Licensed Technology is conditioned upon our entering into this Agreement and consenting to these terms and conditions.

You also agree that you have read our Privacy Policy and that you agree to the terms of that Policy. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU WILL NOT BE PERMITTED TO ACTIVATE THE APP FOR USE ON YOUR MOBILE DEVICE. When using or accessing the App, you agree that you must comply with any guidelines, rules, terms and conditions applicable to such use or access that are posted by us, which are hereby incorporated by reference into these Terms.

We may modify these Terms at any time by posting the revised Terms on the App. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of these Terms. Any modifications will be effective immediately upon such posting. You must agree to any changes that are made to these Terms of Use before you will be allowed to continue using the App.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify, suspend or discontinue the App; charge fees in connection with the use of the App; modify and/or waive any fees charged in connection with the App; and/or offer opportunities to some or all users of the App. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the App, in whole or in part, or of any service, content, feature or product offered through the App.

DISCLAIMER: USE OF THE APP IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR ADVICE. THE APP IS NOT INTENDED FOR USE IN EMERGENCY SITUATIONS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, IMMEDIATELY DIAL 9-1-1. THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. YOUR USE OF THE APP IS VOLUNTARY AND AT YOUR SOLE RISK.

ABOUT THE APP

The App provides enhanced technology to allow you to better keep track of your own health information and that of your family or others who give you access to their ICmed account. The App allows you to add information about your vitals, medications, healthcare providers and appointments, store documents, reports and exams and record information in a journal. The App allows you to monitor health information about your family, loved ones and anyone else who allows you to access their account. Healthcare providers, servicers, marketers and payers might also use the App to send information for self-health and benefits awareness and services.

IT IS IMPORTANT THAT YOU UNDERSTAND THAT THE APP IS NOT A SUBSTITUTE FOR ANY HEALTHCARE SERVICE, BECAUSE THE APP IS NOT PROVIDING ANY HEALTHCARE SERVICE. THE APP DOES NOT DIAGNOSE, ASSESS, EVALUATE OR OFFER TREATMENT SUGGESTIONS FOR ANY HEALTH OR MEDICAL CONDITION. THE APP CANNOT REPLACE YOUR INTERACTION WITH ANY OF YOUR HEALTHCARE PROVIDERS. YOUR HEALTHCARE PROVIDERS MAY USE THE APP TO SEND YOU INFORMATION THAT THEY BELIEVE IS RELEVANT TO ONE, OR MORE, OF YOUR MEDICAL CONDITIONS.

USE OF THE APP

As a condition of your use of the App, you agree that:

LICENSE

ICmed grants to you a limited, royalty-free, non-exclusive, personal and non-transferable license to install and use the App on a single personal mobile electronic device or smart phone owned or controlled by you solely for your own personal, non-commercial purposes, subject to your compliance with these Terms.

OWNERSHIP OF THE APP

The App, including all content that is not your health information, is the property of ICmed (or its licensors) and is protected by applicable intellectual property laws. The App is licensed, not sold, to you. You may utilize the App only as permitted by these Terms. You may not, and you agree that you will not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of the App; (2) use or merge the App, or any component or element thereof, with other software, databases or services not provided by ICmed; (3) sublicense, distribute, sell or otherwise transfer the App to any third party; (4) use the App as a service bureau, or lease, rent or loan the App to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the App; (6) interfere in any manner with the operation of the App; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the App; (8) create a database by systematically downloading and storing the App; (9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way gather the App or reproduce or circumvent the navigational structure or presentation of the App without our express prior written consent; or (10) use the App for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the App. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the App.

TRADEMARKS

Any logo, trademark, servicemark, domain name, or trade name appearing on the App, including "ICmed" ("Marks"), whether registered or not, is the property of ICmed or their respective owners. You may not use any Marks without the express written permission of ICmed.

INFORMATION THAT YOU SUBMIT

Your submission of information through the App is governed by ICmed's Privacy Policy, which you have reviewed and agreed to as part of downloading the App. You can review the Privacy Policy at any time by going to https://icmedonline.com/privacypolicy. You represent and warrant that any information that you provide in connection with your use of the App is and shall remain true, accurate and complete, and that you will maintain and update such information regularly. You agree that if any information that you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the App.

For purposes of clarity, you retain ownership of any information, content and materials that you submit through the App (each, a "Submission"). However, please note that we need certain rights to your Submissions to be able to make them available on the App and as stipulated in the privacy policy. As such, you hereby grant to ICmed and its service providers and designees a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation to edit, modify, translate and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any App now known or hereafter developed.

The license that you have granted to us for all Submissions is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid-up and royalty-free (so that we do not have to pay you for posting your Submissions), and sublicensable through multiple tiers (so that we can use our service providers and subcontractors to provide services).

For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the App, comply with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the services available through the App.

INFORMATION THAT YOUR PERMITTED PERSONS SUBMIT

Depending upon how you use the App, your employer health plan, its agents and brokers, your healthcare providers and others may send information to you about your overall health, wellness or a medical condition. This information is not generated by ICmed. We make no representation as to whether this information is relevant to you, will be of any value to you, will help you monitor, deal with or improve any medical condition that you may have or is a valuable good or service.

COPYRIGHT INFRINGEMENT NOTICE

Pursuant to the Digital Millennium Copyright Act, ICmed has designated the person listed below as its agent to receive notifications of alleged copyright or other intellectual property infringement on this Website. ICmed respects the intellectual property of others, and asks our users to do the same. If you believe that your work has been copied in a way that constitutes infringement, or your intellectual property rights have been otherwise violated, please provide ICmed's Copyright Agent the following information (the "Copyright Notice"): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the ICmed Technology; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in your Copyright Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

ICmed's Agent for transmitting the Copyright Notice for claims of copyright or other intellectual property infringement can be contacted at: legal@icmedonline.com.

MONITORING

You acknowledge and agree that (a) we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submission, and the circumstances surrounding its transmission, to any third party in order to operate the App; to protect ICmed and its respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, and the App's users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.

PERSONAL IDENTIFICATION NUMBER

When you download the App onto your mobile device you will be required to select and input a Personal Identification Number (PIN). We may refuse to grant you, and you may not use, a PIN that is already being used by someone else; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

Your PIN is for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of your PIN and agree not to transfer your PIN, or lend or otherwise transfer your PIN, to any third party. You are fully responsible for all interaction with the App that occurs in connection with your PIN. You agree to immediately notify ICmed of any unauthorized use of your PIN or any other breach of security related to your account or the App, and to ensure that you "log off"/exit from your account with the App (if applicable) at the end of each session. To report unauthorized access or use of the App, send an e-mail to icmedsupport@icmedonline.com. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

TERMINATION

ICmed may suspend or terminate your use of or access to the App if you fail to comply with the Terms. Such suspension or termination may result in the permanent deletion of your information or other previously available content. ICmed reserves the right to discontinue offering the App at any time in its sole discretion (this does not include the temporary suspension or downtime of the App). If we discontinue offering the App, ICmed will destroy all data related to you that it has in its possession.

USER ACKNOWLEDGEMENTS

You acknowledge and agree that you (and not ICmed) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the App, and for paying all charges related thereto. ICmed does not operate or control the Internet or your mobile connection, and therefore ICmed does not and cannot guarantee that the App will be error or virus free, invulnerable to hackers or other unauthorized users, or always available.

INDEMNIFICATION

To the fullest extent permitted under law, you will defend, indemnify and hold harmless ICmed and its affiliates, and its and their officers, directors, employees, agents and licensors from and against all claims, actions, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) arising out of or related to your use of the App or any violation of these Terms by you.

EXCLUSIONS OF WARRANTIES

ICmed AND ITS AFFILIATES DISCLAIM ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT RELATED TO YOUR USE OF THE APP. ICmed AND ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERROR, DELAY OR INTERRUPTION IN THE APP. ICmed AND ITS AFFILIATES MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY REGARDING THE TIMELINESS, RELIABILITY, ACCURACY, COMPLETENESS OR USEFULNESS OF ANY PORTION OF THE APP, INCLUDING THE CONTENT MADE AVAILABLE THROUGH THE APP, OR REGARDING THE AVAILABILITY OR APPROPRIATENESS OF THIRD-PARTY PROVIDERS. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE APP IS AT YOUR OWN RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE THAT YOU MAY INCUR THROUGH USE OF THE APP, EXCEPT TO THE EXTENT THAT THE APPLICABLE LAWS OF A PARTICULAR JURISDICTION CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ICmed, ITS SUBSIDIARIES AND ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY OTHER DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF OR RELATED TO THESE TERMS OF USE INCLUDING, BUT NOT LIMITED TO, (A) YOUR USE OF THE APP, THE CONTENT, OR OTHER INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE APP; (B) YOUR INABILITY TO USE THE APP; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED THROUGH THE APP; (D) THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE APP; OR (E) THESE TERMS OF USE. THE FOREGOING LIMITATION APPLIES EVEN IF ICmed KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THAT THEY ARE LAWFUL IN YOUR JURISDICTION.

IN NO EVENT WILL ICmed'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ICmed IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE APP EXCEED $100. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THIRD-PARTY INFORMATION AND LINKS TO THIRD-PARTY WEBSITES (INCLUDING THIRD-PARTY PROVIDER OR PAYOR WEBSITES)

The App may contain information concerning Third-Party Providers, Payors and other third parties (sometimes referred to as "partners or advertisers") who may offer third-party products or services through or compatible with the App. The App may also provide links to third-party websites (including websites of Third-Party Providers or Payors) as a paid service to Third-Party Providers or Payors. Such information and links are provided for your convenience and not because we endorse or have an opinion about the content on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites, the privacy practices of those websites or the services or products available through such websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such linked site or resource.

JURISDICTIONAL ISSUES

The App is controlled and operated by ICmed from the United States, and is not intended to subject ICmed or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. ICmed does not represent or warrant that the App or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States.

RELATIONSHIPS

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the use of the App, whether between you, ICmed, its affiliates, or any Third-Party Provider or Payor.

ELECTRONIC COMMUNICATIONS

When you use the App, you are communicating electronically and consent to receive electronic communications related to your use of the App. We will communicate with you by posting notices on the App. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when posted on the App.

EXPORT CONTROLS

In choosing to access the App, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; or (b) on any of the U.S. government lists of restricted end users. We may limit the App's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

GOVERNING LAW

You agree that these Terms shall be construed in accordance with the laws of the State of Delaware without regard to its conflict of laws provisions. Any claim or dispute arising in connection with your use of the App shall be brought exclusively in the courts of the State of Maryland where ICmed operates. Any cause of action or claim you may have with respect to the App must be commenced within one (1) year after the cause of action or claim arises. ICmed's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and ICmed nor any trade practices shall act to modify the Terms. ICmed may assign its rights and duties hereunder to any third party at any time without consent or notice to you.

DISPUTE RESOLUTION

You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us related to the App (i) you will submit to the state or federal courts of the State of Maryland and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.

We each agree that we shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that disputes shall be litigated only on an individual basis and not in a class, consolidated or representative action. The court does not have the power to vary these provisions.

You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with us related to the App shall be governed by and construed in accordance with the laws of the State of Maryland in all matters, including, without limitation, its validity, construction, interpretation and performance, without regard to provisions regarding conflicts of law. Any cause of action or claim you may have with respect to the App must be commenced within one (1) year after the claim or cause of action arises.

MISCELLANEOUS

If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms, together with the Privacy Policy and all other policies referred to herein, are the entire Agreement between you and ICmed relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and ICmed relating to such subject matter.

QUESTIONS

You may contact ICmed at icmedsupport@icmedonline.com with any questions, complaints or claims regarding the App.

Website Terms of Use

Welcome to ICmed, a web-based software application (the "App") that will help you track your health and the health of others who allow you access to their account!

By accessing the App you agree that you have read and understood the following terms of use (the "Terms") and agree to be bound by them. You also agree that you have read our Privacy Policy and that you agree to the terms of that Policy. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU WILL NOT BE PERMITTED TO ACCESS THE APP WEBSITE. When using or accessing the App, you agree that you must comply with any guidelines, rules, terms and conditions applicable to such use or access that are posted by us, which are hereby incorporated by reference into these Terms.

We may modify these Terms at any time by posting the revised Terms on the App. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of these Terms. Any modifications will be effective immediately upon such posting. You must agree to any changes that are made to these Terms of Use before you will be allowed to continue using the App.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify, suspend or discontinue the App; charge fees in connection with the use of the App; modify and/or waive any fees charged in connection with the App; and/or offer opportunities to some or all users of the App. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the App, in whole or in part, or of any service, content, feature or product offered through the App.

DISCLAIMER: USE OF THE APP IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR ADVICE. THE APP IS NOT INTENDED FOR USE IN EMERGENCY SITUATIONS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, IMMEDIATELY DIAL 9-1-1. THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. YOUR USE OF THE APP IS VOLUNTARY AND AT YOUR SOLE RISK.

ABOUT THE APP

The App provides enhanced technology to allow you to better keep track of your own health information and that of your family or others who give you access to their ICmed account. The App allows you to add information about your vitals, medications, healthcare providers and appointments, store documents, reports and exams and record information in a journal. The App allows you to monitor health information about your family, loved ones and anyone else who allows you to access their account. Healthcare providers, servicers, marketers and payers might also use the App to send information for self-health and benefits awareness and services.

IT IS IMPORTANT THAT YOU UNDERSTAND THAT THE APP IS NOT A SUBSTITUTE FOR ANY HEALTHCARE SERVICE, BECAUSE THE APP IS NOT PROVIDING ANY HEALTHCARE SERVICE. THE APP DOES NOT DIAGNOSE, ASSESS, EVALUATE OR OFFER TREATMENT SUGGESTIONS FOR ANY HEALTH OR MEDICAL CONDITION. THE APP CANNOT REPLACE YOUR INTERACTION WITH ANY OF YOUR HEALTHCARE PROVIDERS. YOUR HEALTHCARE PROVIDERS MAY USE THE APP TO SEND YOU INFORMATION THAT THEY BELIEVE IS RELEVANT TO ONE, OR MORE, OF YOUR MEDICAL CONDITIONS.

USE OF THE APP

As a condition of your use of the App, you agree that:

LICENSE

ICmed grants to you a limited, royalty-free, non-exclusive, personal and non-transferable license to install and use the App on a single computer owned or controlled by you solely for your own personal, non-commercial purposes, subject to your compliance with these Terms.

OWNERSHIP OF THE APP

The App, including all content that is not your health information, is the property of ICmed (or its licensors) and is protected by applicable intellectual property laws. The App is licensed, not sold, to you. You may utilize the App only as permitted by these Terms. You may not, and you agree that you will not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of the App; (2) use or merge the App, or any component or element thereof, with other software, databases or services not provided by ICmed; (3) sublicense, distribute, sell or otherwise transfer the App to any third party; (4) use the App as a service bureau, or lease, rent or loan the App to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the App; (6) interfere in any manner with the operation of the App; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the App; (8) create a database by systematically downloading and storing the App; (9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the App or reproduce or circumvent the navigational structure or presentation of the App without our express prior written consent; or (10) use the App for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the App. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the App.

TRADEMARKS

Any logo, trademark, servicemark, domain name, or trade name appearing on the App, including "ICmed" ("Marks"), whether registered or not, is the property of ICmed or their respective owners. You may not use any Marks without the express written permission of ICmed.

INFORMATION THAT YOU SUBMIT

Your submission of information through the App is governed by ICmed's Privacy Policy, which you have reviewed and agreed to as part of downloading the App. You can review the Privacy Policy at any time by going to https://icmedonline.com/privacypolicy. You represent and warrant that any information that you provide in connection with your use of the App is and shall remain true, accurate and complete, and that you will maintain and update such information regularly. You agree that if any information that you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the App.

For purposes of clarity, you retain ownership of any information, content and materials that you submit through the App (each, a "Submission"). However, please note that we need certain rights to your Submissions to be able to make them available on the App and as stipulated in the privacy policy. As such, you hereby grant to ICmed and its service providers and designees a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation to edit, modify, translate and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any App now known or hereafter developed.

The license that you have granted to us for all Submissions is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid-up and royalty-free (so that we do not have to pay you for posting your Submissions), and sublicensable through multiple tiers (so that we can use our service providers and subcontractors to provide services).

For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the App, comply with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the services available through the App.

INFORMATION THAT YOUR PERMITTED PERSONS SUBMIT

Depending upon how you use the App, your employer health plan, its agents and brokers, your healthcare providers and others may send information to you about your overall health, wellness or a medical condition. This information is not generated by ICmed. We make no representation as to whether this information is relevant to you, will be of any value to you, will help you monitor, deal with or improve any medical condition that you may have or is a valuable good or service.

COPYRIGHT INFRINGEMENT NOTICE

Pursuant to the Digital Millennium Copyright Act, ICmed has designated the person listed below as its agent to receive notifications of alleged copyright or other intellectual property infringement on this Website. ICmed respects the intellectual property of others, and asks our users to do the same. If you believe that your work has been copied in a way that constitutes infringement, or your intellectual property rights have been otherwise violated, please provide ICmed's Copyright Agent the following information (the "Copyright Notice"): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the ICmed Technology; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in your Copyright Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

ICmed's Agent for transmitting the Copyright Notice for claims of copyright or other intellectual property infringement can be contacted at: legal@icmedonline.com.

MONITORING

You acknowledge and agree that (a) we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submission, and the circumstances surrounding its transmission, to any third party in order to operate the App; to protect ICmed and its respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, and the App's users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.

TERMINATION

ICmed may suspend or terminate your use of or access to the App if you fail to comply with the Terms. Such suspension or termination may result in the permanent deletion of your information or other previously available content. ICmed reserves the right to discontinue offering the App at any time in its sole discretion (this does not include the temporary suspension or downtime of the App). If we discontinue offering the App, ICmed will destroy all data related to you that it has in its possession.

USER ACKNOWLEDGEMENTS

You acknowledge and agree that you (and not ICmed) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the App, and for paying all charges related thereto. ICmed does not operate or control the Internet or your mobile connection, and therefore ICmed does not and cannot guarantee that the App will be error or virus free, invulnerable to hackers or other unauthorized users, or always available.

INDEMNIFICATION

To the fullest extent permitted under law, you will defend, indemnify and hold harmless ICmed and its affiliates, and its and their officers, directors, employees, agents and licensors from and against all claims, actions, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) arising out of or related to your use of the App or any violation of these Terms by you.

EXCLUSIONS OF WARRANTIES

ICmed AND ITS AFFILIATES DISCLAIM ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT RELATED TO YOUR USE OF THE APP. ICmed AND ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERROR, DELAY OR INTERRUPTION IN THE APP. ICmed AND ITS AFFILIATES MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY REGARDING THE TIMELINESS, RELIABILITY, ACCURACY, COMPLETENESS OR USEFULNESS OF ANY PORTION OF THE APP, INCLUDING THE CONTENT MADE AVAILABLE THROUGH THE APP, OR REGARDING THE AVAILABILITY OR APPROPRIATENESS OF THIRD-PARTY PROVIDERS. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE APP IS AT YOUR OWN RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE THAT YOU MAY INCUR THROUGH USE OF THE APP, EXCEPT TO THE EXTENT THAT THE APPLICABLE LAWS OF A PARTICULAR JURISDICTION CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ICMED, ITS SUBSIDIARIES AND ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY OTHER DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF OR RELATED TO THESE TERMS OF USE INCLUDING, BUT NOT LIMITED TO, (A) YOUR USE OF THE APP, THE CONTENT, OR OTHER INFORMATION CONTAINED IN OR AVAILABLE THROUGH THE APP; (B) YOUR INABILITY TO USE THE APP; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED THROUGH THE APP; (D) THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE APP; OR (E) THESE TERMS OF USE. THE FOREGOING LIMITATION APPLIES EVEN IF ICMED KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THAT THEY ARE LAWFUL IN YOUR JURISDICTION.

IN NO EVENT WILL ICMED'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ICMED IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE APP EXCEED $100. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THIRD-PARTY INFORMATION AND LINKS TO THIRD-PARTY WEBSITES (INCLUDING THIRD-PARTY PROVIDER OR PAYOR WEBSITES)

The App may contain information concerning Third-Party Providers, Payors and other third parties (sometimes referred to as "partners or advertisers") who may offer third-party products or services through or compatible with the App. The App may also provide links to third-party websites (including websites of Third-Party Providers or Payors) as a paid service to Third-Party Providers or Payors. Such information and links are provided for your convenience and not because we endorse or have an opinion about the content on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites, the privacy practices of those websites or the services or products available through such websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such linked site or resource.

JURISDICTIONAL ISSUES

The App is controlled and operated by ICmed from the United States, and is not intended to subject ICmed or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. ICmed does not represent or warrant that the App or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States.

RELATIONSHIPS

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the use of the App, whether between you, ICmed, its affiliates, or any Third-Party Provider or Payor.

ELECTRONIC COMMUNICATIONS

When you use the App, you are communicating electronically and consent to receive electronic communications related to your use of the App. We will communicate with you by posting notices on the App. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when posted on the App.

EXPORT CONTROLS

In choosing to access the App, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; or (b) on any of the U.S. government lists of restricted end users. We may limit the App's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

GOVERNING LAW

You agree that these Terms shall be construed in accordance with the laws of the State of Delaware without regard to its conflict of laws provisions. Any claim or dispute arising in connection with your use of the App shall be brought exclusively in the courts of the State of Maryland where ICmed operates. Any cause of action or claim you may have with respect to the App must be commenced within one (1) year after the cause of action or claim arises. ICmed's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and ICmed nor any trade practices shall act to modify the Terms. ICmed may assign its rights and duties hereunder to any third party at any time without consent or notice to you.

DISPUTE RESOLUTION

You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us related to the App (i) you will submit to the state or federal courts of the State of Maryland and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.

We each agree that we shall bring any dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that disputes shall be litigated only on an individual basis and not in a class, consolidated or representative action. The court does not have the power to vary these provisions.

You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with us related to the App shall be governed by and construed in accordance with the laws of the State of Maryland in all matters, including, without limitation, its validity, construction, interpretation and performance, without regard to provisions regarding conflicts of law. Any cause of action or claim you may have with respect to the App must be commenced within one (1) year after the claim or cause of action arises.

MISCELLANEOUS

If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms, together with the Privacy Policy and all other policies referred to herein, are the entire Agreement between you and ICmed relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and ICmed relating to such subject matter.

QUESTIONS

You may contact ICmed at icmedsupport@icmedonline.com with any questions, complaints or claims regarding the App.