Website Terms of Use

These Website Terms of Use ("Terms") govern your access to and use of https://pickuphealth.ai and any other website we operate that links to these Terms (our "Website"), including any content, functionality, and services offered on or through the Website, whether as a guest or as a registered user.

These Terms, our Privacy Policy, our Acceptable Use Policy, and, to the extent your organization has an account with us, our Terms of Service or your organization's Client Services Agreement, are the entire agreement between you or the entity you represent ("user" or "you") and PickUp Health, Inc., a Delaware corporation ("PickUp Health," the "Company," "we," "us," or "our"), concerning your access to and use of the Website. They supersede all prior and contemporaneous understandings regarding the Website.

Please read these Terms carefully before you use the Website. By using the Website, you accept and agree to be bound by these Terms, our Privacy Policy at https://pickuphealth.ai/privacy, and our Acceptable Use Policy at https://pickuphealth.ai/acceptable-use, which are incorporated herein by reference. If you do not agree, you must not access or use the Website.

1. Changes to the Terms; Changes to the Website

We may modify or replace these Terms at any time. Changes are effective when we post them and apply to all access to and use of the Website thereafter. If we make material changes, we will make reasonable efforts to notify you, including by posting the revised Terms on this page. The effective date above shows when these Terms were last revised. Your continued use of the Website after we post revised Terms means that you accept the changes.

We may update the content on the Website from time to time, but its content is not necessarily complete or up to date, and we are under no obligation to update it. We do not guarantee that the Website or any content on it will be free from errors or omissions.

2. Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use this Website. By using the Website, you represent that you meet this requirement.

3. Accessing the Website and Account Security

We may withdraw or amend the Website, and any service or material we provide on it, in our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period. We may restrict access, including registered user access, to some or all of the Website.

You are responsible for making all arrangements necessary to access the Website, and for ensuring that everyone who accesses the Website through your internet connection is aware of and complies with these Terms and the Acceptable Use Policy.

The Website is directed at users in the United States. We do not represent that content on the Website is appropriate or available in other locations. If you access the Website from outside the United States, you do so at your own risk.

To access the Website or some of its resources, you may be asked to provide registration details or other information. All information you provide must be correct, current, and complete, and is governed by our Privacy Policy.

If you choose, or are provided with, a username, password, or other security information, you must treat it as confidential and not disclose it to any other person or entity. Your account is personal to you. You are responsible for safeguarding your credentials and for all activity under them. You agree to notify us at support@pickuphealth.ai immediately upon becoming aware of any breach of security or unauthorized use of your account, and to log out at the end of each session, particularly on a public or shared computer.

We may disable any username or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with these Terms or the Acceptable Use Policy.

4. Intellectual Property

The Website and its entire contents, features, and functionality, including all logos, text, graphics, data, and software ("Content"), are the property of PickUp Health or its licensors and are protected by United States and international copyright and other intellectual property laws. All such rights are reserved.

Except as expressly permitted in our Terms of Service or a signed agreement with us, you may use the Website, including the Content, for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any Content without our express written permission, except that:

• Your computer may temporarily store copies of materials in RAM incidental to your accessing and viewing them.

• You may store files that are automatically cached by your web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not modify copies of any materials from the Website, or delete or alter any copyright, trademark, or other proprietary rights notices from them.

If you wish to use material on the Website other than as set out in this section, please contact legal@pickuphealth.ai.

If you use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in the Website or its Content is transferred to you, and all rights not expressly granted are reserved by us.

5. Trademarks

The PickUp Health name and logo, and all related names, logos, product and service names, designs, and slogans, are trademarks of PickUp Health or its affiliates or licensors. You must not use these marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

6. No Reliance on Information

The information presented on or through the Website is made available solely for general information purposes. We do not warrant its accuracy, completeness, or usefulness. Any reliance you place on such information is strictly at your own risk, and we disclaim all liability arising from any reliance placed on it by you, any other visitor to the Website, or anyone who may be informed of any of its contents.

7. No Medical Advice; Not for Emergencies

The Website does not provide medical advice, diagnosis, or treatment, and using it does not create a provider-patient relationship with PickUp Health. Always seek the advice of your physician or other qualified healthcare provider with any questions about a medical condition. Neither the Website nor any PickUp Health telephone number is an emergency service. If you have a medical emergency, call 911.

8. Disclaimer of Warranties

We cannot and do not guarantee that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PICKUP HEALTH NOR ANY PERSON ASSOCIATED WITH PICKUP HEALTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, OR THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PROVIDED BY LAW, PICKUP HEALTH DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PICKUP HEALTH, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless PickUp Health, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website other than as expressly authorized in these Terms.

11. Governing Law and Dispute Resolution

All matters relating to the Website and these Terms, and any dispute or claim arising from or related to them, shall be governed by the internal laws of the State of New York, without giving effect to any choice or conflict of law provision. Any legal suit, action, or proceeding arising out of or relating to these Terms or the Website shall be brought exclusively in the courts located in New York County, New York.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

12. Links to Third-Party Sites

The Website may contain links to third-party websites or services that we do not control. We are not responsible for their content, privacy policies, or practices, or for any damage or loss caused by or in connection with use of or reliance on them.

13. Termination

We may, without notice and in our sole discretion, terminate your right to access the Website. We are not responsible for any loss or harm related to your inability to access the Website.

14. Copyright Infringement

If you believe that content on the Website infringes your copyright, please send a notice of copyright infringement to legal@pickuphealth.ai. It is our policy to terminate the accounts of repeat infringers.

15. Information About You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions we take with respect to your information in compliance with the Privacy Policy.

16. Services for Healthcare Organizations

PickUp Health provides its services to physician practices and other healthcare organizations under a signed Client Services Agreement or our Terms of Service, not through purchases on the Website. Those agreements, and not these Terms, govern those services.

17. Contact Us

If you have questions about these Terms, please contact us at legal@pickuphealth.ai.