TERMS OF SERVICE

I. 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 AS WELL AS THE SERVICES AVAILABLE THROUGH THE PURSUANT HEALTH KIOSK AND OUR RELATED SERVICES, INCLUDING THOSE AVAILABLE THROUGH OUR WEBSITE, WWW.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 OF THESE TERMS.

NO MEDICAL OR HEALTH CARE ADVICE: PURSUANT HEALTH’S SERVICES DO NOT PROVIDE PROFESSIONAL MEDICAL OR OTHER PROFESSIONAL HEALTH CARE ADVICE. NO CONTENT ASSOCIATED WITH THIS SERVICE, INCLUDING ANY EDUCATIONAL CONTENT, SHOULD NOT BE CONSTRUED AS OR USED AS A SUBSTITUTE OR REPLACEMENT FOR ANY FORM OF MEDICAL OR HEALTH CARE ADVICE, PROFESSIONAL SERVICES, OR RECOMMENDATIONS. THIS SERVICE IS NOT INTENDED TO CONSTITUTE (I) THE PRACTICE OF MEDICINE OR OPTOMETRY OR THE PROVISION OF HEALTHCARE DIAGNOSIS OR TREATMENT, (II) THE CREATION OF A DOCTORPATIENT RELATIONSHIP, OR (III) AN ENDORSEMENT, RECOMMENDATION, OR SPONSORSHIP OF ANY PRODUCT OR SERVICE BY PURSUANT HEALTH. THE DETERMINATION OF THE NEED FOR MEDICAL SERVICES AND THE TYPES OF HEALTHCARE TO PROVIDE A PATIENT ARE DECISIONS THAT SHOULD BE MADE ONLY BY A LICENSED HEALTHCARE PROVIDER.

EACH PURSUANT HEALTH KIOSK IS OWNED AND OPERATED SOLELY BY US, AND THE SERVICES PROVIDED BY PURSUANT HEALTH, INC., NOT ANY THIRD PARTY. WE SELECT ALL INFORMATION OFFERED ON THE SERVICES, INCLUDING ANY ADVERTISEMENTS OR MARKETING MATERIALS.

About Our Services

The Pursuant Health Kiosk is intended to be used by the general public so that a user can measure his or her own blood pressure and pulse rate and his or her own weight. Additionally, the Pursuant Health Kiosk is intended to screen adults for clarity of central vision. Pursuant Health Kiosk does not provide a general screening of visual function and does not provide a diagnosis of eye health or other disease.

As part of our Services, we may provide you with a number of health-related assessments and information. The information available through this Services is for informational purposes only, and cannot and is not intended to be a substitute for professional medical advice or a complete eye or vision exam, a diagnosis, or treatment. You should always seek the advice of your physician, ophthalmologist, optometrist or other qualified healthcare provider for any questions you have about a medical condition, and never disregard professional medical advice or delay in seeking it because of something you have read on our Services. If you think you may have a medical emergency, call your physician, ophthalmologist, optometrist 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

We may change, update, add or remove provisions of these Terms at any time by posting those changes on our website at pursuanthealth.com, or by emailing you at your email address or record with us. Your continued use of any of our Services after such posting or email shall constitute your acceptance of such changes. If you do not agree with any of the updated Terms, you must stop using our Services.

Privacy

You may use our Pursuant Health Kiosk without providing your name, email address or other personally identifiable information. However, to receive a copy of your health assessment and to take advantage of certain features of the Services, you must provide us with your email address and other 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 listed below these Terms and available at pursuanthealth.com.

Our Site

Your use of our website to access any of our Services (including any health assessment conducted via a Pursuant Health Kiosk), is subject to additional terms (the “Website Terms”), which are available at pursuanthealth.com, and our Pursuant Health Website Privacy Policy, pursuanthealth.com. If you use our website to access the Services, the Website Terms and Privacy Policy shall apply in addition to these Terms. In the event of a conflict between these Terms and the Website Terms, these Terms shall govern with respect to the your access to and use of the Pursuant Health Kiosk and any Services via the Pursuant Health Kiosk.

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 thirdparty licensors and suppliers or other users. 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 receiving 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 on this Site 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, Copyright© 2013 Pursuant Health, Inc. 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 ON THIS SITE, 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 users.

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 KNOWS 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 this 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 Gwinnett County in the State of Georgia. If any of these Terms is 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 Kiosk. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Medical Disclaimer

All information on this site is of a general nature and is furnished for your knowledge and understanding only. This information is not to be taken as medical or other health advice pertaining to your specific health and medical condition.

Health Age Assessment

The Health Age Assessment is a unique calculation. Your Health Age results will provide suggested direction, tips and recommended programs to support healthier living. This information is not intended to replace or modify the medical advice of your doctor or health care provider. Please consult your health care provider for advice about a specific medical condition. Please remember that the information and content, in the absence of a visit with a health care professional, must be considered as an informational/educational service only and is not designed to replace a physician’s independent judgment about the appropriateness of risks of a procedure or condition for a given patient. CONTENT SHOULD NOT BE USED FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

Contact Us

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at 844.2PURSUANT.

Last Updated: December 15, 2013