Terms and Conditions Please Read and Review These Terms and Conditions Carefully Before Using This Site

TERMS AND CONDITIONS PLEASE READ AND REVIEW THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

General Terms and Conditions www.consumermedical.com, www.myconsumermedical.com, www.cmr- medicaldecisionsupport.com, or www.mdsgoldenticket.com is an online information service created by Consumer’s Medical Resource, Inc. (ConsumerMedical) that provides healthcare related information, including but not limited to text, graphics, images, audiovisual recordings, tools, information obtained from ConsumerMedical licensors and other third parties, and other material contained on the Site (“Content’) to authorized users. Use of the Site is governed by these terms and conditions of use (“Terms and Conditions”). ConsumerMedical may modify, revise, or update these Terms and Conditions at any time without prior notice to you. Any modifications, revisions, or updates made to these Terms and Conditions will be effective immediately upon posting to the Site. By accessing, browsing, and/or using the Site or any of the Content on the Site, you signify your agreement to be bound by all of these Terms and Conditions as posted on the Site at the time of your access, browsing or use. You agree to review the Terms and Conditions posted on the Site each time you use the Site so that you are aware of any modifications made to these Terms and Conditions. If you do not agree to be bound by all of the Terms and Conditions as posted on this Site at the time you use the Site you may not use the Site.

ConsumerMedical reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that ConsumerMedical will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.

Medical Disclaimer

The Content on this Site is intended to provide helpful health information for authorized users and is designed to supplement other sources of medical information. ConsumerMedical has made reasonable efforts to ensure the Content is provided by objective information sources such as academic institutions or government agencies. The Content provided is not provided by health insurance companies, pharmaceutical companies, preferred research organizations, or preferred/incented partners. The Content should not be considered complete and does not cover all diseases, ailments, physical conditions or their symptoms or treatment. ConsumerMedical and its associates are not engaged in the practice of medicine or nursing. We encourage users of our services to consult with your treating physician before making and changes to their clinical program. The Content is made available with the understanding that ConsumerMedical is not engaged in rendering medical, health, psychological, or any other kind of professional or licensed medical services on the Site and nothing on the Site should be construed as medical advice, diagnosis, or treatment. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your own healthcare professional about your specific situation. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. No change in your medical treatment regimen should be made without specific knowledge or approval by your own healthcare professional.

If you think you may have a medical emergency, call your healthcare professional or dial 911 immediately. ConsumerMedical does not endorse any specific tests, physicians, products, procedures, opinions, or other information on the Site or in the Content. Use of the Site or the Content contained on the Site is voluntary. ConsumerMedical regards all use of the Site and Content as voluntary, and reliance on the Site and Content is solely at your own risk.

As part of our services, ConsumerMedical may also provide you with the names of doctors or hospitals and other facilities from our licensed, proprietary databases or other available sources. This may include suggestions relating to second and expert opinions, whether obtained in person or remotely. The databases consist of practitioner details including: board certification, academic affiliation, procedure volume, outcomes information, malpractice history, and research publication. Inclusion of a physician, hospital or other facility in our source databases does not constitute an endorsement of or warranty relating to the services of that physician, hospital or facility. Moreover, suggestions relating to second or expert opinions, whether obtained in person or remotely, are provided to you with the understanding that any services you obtain from any such physician or expert are provided purely through a relationship between you and such physician and ConsumerMedical has no responsibility for that relationship whatsoever.

Medical Insurance and US Health Care

CONSUMERMEDICAL IS NOT AN INSURANCE COMPANY. THERE MAY BE TREATMENT OPTIONS AND PROVIDERS INCLUDED IN THE CONTENT THAT ARE NOT COVERED BY YOUR MEDICAL INSURANCE PLAN. PLEASE CONSULT YOUR MEDICAL INSURANCE PLAN DIRECTLY FOR ALL INSURANCE COVERAGE ISSUES. IN ADDITION, THE CONTENT PROVIDED IS DESIGNED FOR USE WITHIN THE UNITED STATES HEALTHCARE SYSTEM ONLY UNLESS SPECIFICALLY NOTED OTHERWISE.

User Agreement

You hereby agree to abide by the following rules while accessing, browsing, and/or using the Site or any of the Content on the Site:

You may not use this Site unless you are at least eighteen (18) years of age and possess the legal right and ability to agree to the Terms and Conditions.

You will not impersonate another person on this Site.

You will not use the Site for any purpose in violation of local, state, federal or international laws. You will not use the Content in violation of any third party’s copyright or other intellectual property rights.

2 Termination of Use

If you are a Golden Ticket holder, access to the Site expires 120 days from the date of your registration. If you violate any of the provisions of the Terms and Conditions, ConsumerMedical, may, in its sole discretion, terminate your access and use of the Site. This action is in addition to and not in lieu or limitation of any other right or remedy ConsumerMedical may have available at law.

ConsumerMedical shall not be liable to you or any third party for any such termination.

Disclaimer of Warranties

THIS SITE AND THE CONTENT AND OTHER MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ‘AS IS’ BY CONSUMERMEDICAL. CONSUMERMEDICAL DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, OR WITH RESPECT TO THE CONTENT OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. ALTHOUGH CONSUMERMEDICAL HAS MADE REASONABLE EFFORTS TO ENSURE THAT THE CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CORRECT, TIMELY, AND USEFUL, CONSUMERMEDICAL DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY CONTENT OR OTHER MATERIAL PROVIDED THROUGH THE SITE OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE. ALTHOUGH CONSUMERMEDICAL INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, CONSUMERMEDICAL DOES NOT GUARANTEE OR WARRANT THAT THE SITE OR CONTENT THAT MAY BE DOWNLOADED FROM THE SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES.

Limitation of Liability

You assume all responsibility in connection with choosing any healthcare provider, whether or not you obtained information about such healthcare provider on or through this Site or Services. ConsumerMedical and its licensors, suppliers, contractors and affiliates (collectively, the “Affiliates”) and the directors, officers, employees, agents, and representatives of each, assume no and hereby disclaim all responsibility or liability of any kind, for any advice, treatment or other services rendered by any healthcare provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.

IN NO EVENT SHALL CONSUMERMEDICAL OR ANY OF ITS AFFILIATES OR THER RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,

3 CONSEQUENTIAL, PUNITIVE OR MONETARY DAMAGES (INCLUDING LOST PROFITS), ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT, SERVICES OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, OR BREACH OF WARRANTY CLAIMS) OR CONNECTIVITY TO OR FROM THE SITE TO ANY OTHER SITE EXCEPT WHERE SUCH LIMITATION OF LIABILITY IS NOT PERMITTED BY LAW. IN ADDITION, NEITHER CONSUMERMEDICAL NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BASED ON RELIANCE UPON THE CONTENT OR SERVICES ON OR PROVIDED THROUGH THE SITE. CONSUMERMEDICAL’S SOLE RESPONSIBILITY TO YOU IS TO SUPPLY CONTENT ABOUT DIAGNOSES, CONDITIONS, OR TREATMENT OPTIONS AND NO PATIENT-PHYSICIAN RELATIONSHIP IS CREATED BETWEEN YOU AND CONSUMERMEDICAL OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES.

Indemnification

You agree to defend, indemnify, and hold ConsumerMedical, its officers, directors, employees, agents, licensors, suppliers, and contractors harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site and the Content or your violation of these Terms and Conditions or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.

Intellectual Property

The Site may contain or reference trademarks, copyrights, or other proprietary rights of ConsumerMedical, its third party vendors and other third parties-- including: CONSUMERMEDICAL™. Nothing on the Site should be construed as conferring by implication, estoppel or otherwise any license or right under any trademarks, copyrights or other proprietary rights of ConsumerMedical, any of its third party vendors or other third parties. All rights in all Content on the Site are reserved by ConsumerMedical or its third party vendors or other third parties. All Content on the Site is protected by applicable copyright laws. Title to Content owned by ConsumerMedical, its third party vendors or other third parties remains with such parties. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Content on this Site may not be copied except as expressly provided herein. ConsumerMedical authorizes you to copy Content on this Site for personal, non-commercial use only. Any copy of Content from the Site must retain all copyright and other proprietary notices that are in the Content. No license or right in the information is conferred to you. Any other use of the Content is strictly prohibited without the prior written permission of ConsumerMedical, its third party vendors or other third party with rights in such Content. You may not resell or distribute any Content on this Site.

4 Links to Third Party Web Sites

This Site may contain links to other web sites. Such links are provided solely for your convenience as pointers to information that may be useful to you. ConsumerMedical makes no warranties, either express or implied, concerning the content of any such linked web site including, without limitation, the accuracy, completeness, reliability, correctness, timeliness or usefulness, thereof for any particular purpose, nor does ConsumerMedical warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is free from defects, viruses or other destructive or disabling devices. A link to a web site not maintained or controlled by ConsumerMedical does not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such linked web sites.

One of ConsumerMedical’s third party vendors is Harvard Health Publications. Please see its specific Terms and Conditions below.

HARVARD CONTENT SPECIFIC TERMS

Source Identification

Use of Content

Harvard authorizes you to view or download a single copy of the Harvard Health Publications Content (“Harvard Content”) on the Site solely for your personal, noncommercial use if you include (i) the following copyright notice: “Copyright, President and Fellows of Harvard College. All rights reserved.”; (ii) the following notice regarding permission for use: “Used with permission of StayWell.”; and (iii) all other copyright and proprietary rights notices which were contained in the Harvard Content.

Reproduction and/or redistribution of the Harvard Content is expressly prohibited. Any special rules for the use of other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions.

The Harvard Content is protected by copyright under both United States and foreign laws. Title to the Harvard Content remains with President and Fellows, Harvard College. Any use of the Harvard Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Harvard Content and features are subject to change or termination without notice in the editorial discretion of Harvard. All rights not expressly granted herein are reserved to President and Fellows, Harvard College. If you violate any of these Terms and Conditions, your permission to use the Harvard Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Harvard Content.

5 Medical Disclaimer

The information contained in this online site is intended to provide accurate and helpful health information for the general public. It is made available with the understanding that the author and publisher are not engaged in rendering medical, health, psychological, or any other kind of personal professional services on this site. The information should not be considered complete and does not cover all diseases, ailments, physical conditions or their treatment. It should not be used in place of a call or visit to a medical, health or other competent professional, who should be consulted before adopting any of the suggestions in this site or drawing inferences from it. The information about drugs contained on this site is general in nature. It does not cover all possible uses, actions, precautions, side effects, or interactions of the medicines mentioned, nor is the information intended as medical advice for individual problems or for making an evaluation as to the risks and benefits of taking a particular drug.

The operator(s) of this site, and the publisher, specifically disclaim all responsibility for any liability, loss or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use and application of any of the material on this site.

Privacy

Please see our Privacy Policy for a description of how ConsumerMedical will manage information about you. By agreeing to the Terms and Conditions, you are automatically agreeing to the Privacy Policy.

Confidentiality on the Internet

Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While ConsumerMedical has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, neither ConsumerMedical nor our Affiliates are responsible for the security of any information transmitted to us over the Internet.

Electronic Communications

Should you elect to send or receive email communications of any kind to or from ConsumerMedical, you represent and warrant to ConsumerMedical that your email service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound email transmissions.

SMS Program Disclaimer

How can I opt-in? Text “JOIN” to 63362 to opt into our SMS program- ConsumerMedical Alerts. Msg&Data rates may apply and are sent at a frequency of no more than 5 messages a month. How can I get help? You may also opt-in to receive SMS alerts on the Participant Portal and My Medical Ally Application by visiting the “Your Profile” section. If at any time, you require additional guidance, text “HELP” to 63362 to receive additional program guidance. Msg&Data 6 rates may apply. How can I opt-out? Recipients may discontinue receiving our SMS ConsumerMedical Alerts Program messages by texting “STOP” to 63362, by clicking on the opt-out option included in the “Your Profile” section of both the Participant Portal or the My Medical Ally Application or by contacting us directly at 1-888-361-3944. Msg&Data rates may apply.

ConsumerMedical Alert SMS service offerings include program reminders, including but not limited to new clinical content for your review online, new webinars available to sign up for or view on-demand, or that a survey has been made available to provide valuable feedback about our services, your experiences, and interests.

Consent to receive our program SMS text messages is not required as a condition of purchasing any goods or services. Texts may be sent using an automatic telephone dialing system.

Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

'T-Mobile is not liable for delayed or undelivered messages'.

ConsumerMedical is not liable for delayed or undelivered messages

Digital Millenium Copyright Act

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting our copyright agent (identified below) and providing the following information:

7 Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.

Your name, address, telephone number and (if available) e-mail address.

A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.

A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

A signature or the electronic equivalent from the copyright holder or authorized representative.

Our agent for copyright issues relating to the Site is as follows:

By mail:

ConsumerMedical Attn: Copyright Agent 64 Schoosett Street Pembroke, MA 02359 or by email: [email protected]

Or by phone:

1-888-361-3944

In an effort to protect the rights of copyright owners, ConsumerMedical maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Assignment

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ConsumerMedical without restriction.

General

You agree that: (i) the Site shall be deemed solely based in the Commonwealth of Massachusetts; and (ii) the Site shall be deemed a passive Website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the Commonwealth of Massachusetts. These Terms and Conditions shall be governed by the

8 internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Any claim or dispute between you and ConsumerMedical that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Boston, Massachusetts. These Terms and Conditions, together with the Privacy Policy and any legal notices published by ConsumerMedical on the Site, shall constitute the entire agreement between you and ConsumerMedical concerning the Site. If any provision of these Terms and Conditions are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and ConsumerMedical’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Contact Information

Thank you for your cooperation. ConsumerMedical hopes that you find the site helpful and convenient to use. Questions or comments regarding this Site should be directed as follows:

People receiving this benefit through their employer: 1-888-361-3944

Golden Ticket Holders: 1-888-358-3558

Copyright©2018 by Consumer’s Medical Resource, Inc. All rights reserved. ConsumerMedical™ is a trademark of Consumer’s Medical Resource, Inc. Any use of such trademarks by you, except for your own personal use in connection with your authorized use of the Site and Content as set forth herein, is strictly prohibited.