Terms of Service

These Terms of Service (the “Terms”) are a binding legal agreement between you and Pursuant Health, Inc. (“we” or “us”) and explain how you agree to use the Pursuant Health Kiosk and our related services, including those available through our website, pursuanthealth.com (collectively, the “Services”). If you do not agree with any part of the Terms, do not use our Services.

You must be at least eighteen (18) years old to use our services; you represent that you are a natural person over eighteen (18) years of age, that your access to or use of the services does not violate applicable laws, and that you agree with all these terms.

About Our Services

Our Services, including the use of the Pursuant Health Kiosk, are intended to be used by the public so that a user can measure their own blood pressure, pulse rate, and weight. Our Services may also include access to our website, user web portal, or means of communication or content which may be provided electronically from our systems or displayed on the Pursuant Health Kiosk. As part of our Services, we may provide you with health-related assessments and information.

The information available through these Services is for informational purposes only and cannot and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. We cannot guarantee the accuracy of the information provided to you through our Services. You should always seek the advice of your physician, or other qualified healthcare provider for any questions you have about your health, and never solely rely on information provided from our Services when making decisions which may impact your health. You should never disregard professional medical advice or delay in seeking it because of information you’ve received from our Services. If you think you may have a medical emergency, call your physician or 911 immediately. We do not recommend or endorse any specific tests, physicians, ophthalmologists, optometrists, products, procedures, opinions, or other information that may be mentioned on the Services.

Changes to Terms of Service

Pursuant Health reserves the right to change these Terms at any time, without prior notice to you. The most recent version of the Terms are reflected by the version date located at the bottom of this page. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of the Terms on our website at www.pursuanthealth.com. You should view these Terms often to stay informed of changes that may affect you, as your continued use of our Services signifies your continuing consent to be bound by the Terms. Our electronically or otherwise properly stored copies of the Terms shall be deemed to be the true, complete, valid, authentic, and enforceable copy of the version which were in force on each respective date you used our Services.

Privacy

To take advantage of certain features of the Services, you may provide us with personal information. You agree that we may use such information in accordance with our Privacy Policy, which is incorporated by reference into these Terms and is published on our website at www.pursuanthealth.com/privacy-policy.

License to Materials and Content

The Pursuant Health Kiosk, the Services and all information and content available through the Pursuant Health Kiosk and Services (collectively, the “Materials”) is the copyrighted and/or trademarked work of us or our third-party licensors and suppliers or other partners. Materials may include logos, graphics, video, images, software, and other content. Subject to the terms and conditions of these Terms, and your compliance with these Terms, we hereby grant you a limited, personal, non-exclusive, and non-transferable license to use the Materials and to use the Services solely for your personal use. Except for the foregoing license, you have no other rights in Materials, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner. If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials.

Electronic Communications

By using the Services, you consent to receive electronic communications from us. These electronic communications may include information concerning or related to the Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Proprietary Rights

Pursuant Health® is a trademark of Pursuant Health, Inc. in the United States. Other trademarks, names and logos found throughout our Services are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on Pursuant Health Kiosks or the Services, including documents, services, site design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are our sole property or used by us under license from a third party. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Disclaimer of Warranties

Pursuant Health, Inc., for itself and its licensors, makes no express, implied, or statutory representations, warranties, or guarantees in connection with the Pursuant Health Kiosk, the Services, or any materials relating to the quality, suitability, truth, accuracy, or completeness of any information or material contained or presented by our Services, including without limitation the Materials. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the Services, and Materials are provided to you on an “as is,” “as available” and “where-is” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.

Limitation of Liability, Damages and Claims

Your use of our Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy of timeliness of the Materials. We have no liability for any errors or omissions in the Materials, whether provided by us, our licensors or suppliers or other third-parties.

We shall not be liable to you for any damages resulting from your using, displaying, copying, or downloading any materials. In no event shall we be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, related to, or arising under these terms, the services, or the materials, even if we know there is a possibility of such damage.

Without limiting the foregoing limitation of liability, in the event we are found liable for damages to you in a competent legal proceeding, our aggregate liability for all claims arising out of or related to these terms and our services is limited to the lesser of (a) one hundred U.S. Dollars ($100) or (b) the amounts paid to us for the services that are the basis of the claim in the twelve (12) months preceding the date of the claim.

Any claims arising out of or relating to the Services, or these Terms must be brought within one (1) year after the claim arises.

Some jurisdictions do not allow certain limitations on liability. Only limitations that are lawful in the applicable jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to our website, Pursuant Health Kiosks, or any Services or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in to Pursuant Health, Inc., and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

General

We prefer to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by us, may result in immediate termination of your access to these Services without prior notice to you. The Federal Arbitration Act, Georgia state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Any disputes relating to these Terms, or our Services will be heard in the courts located in the State of Georgia. If any of these Terms are found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Our failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and us relating to your use of the Pursuant Health Kiosk, and supersede all prior or contemporaneous negotiations, discussions or agreements between you and us about the Pursuant Health Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Contact Us

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us using the information published on our website at www.pursuanthealth.com/contact-us.

Updated

July 14, 2022