Terms and Conditions – Order My Care

Mobile Application End User License Agreement

This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Order My Care, LLC, a Florida limited liability company (“Company”). This Agreement governs your use of the [ORDER MY CARE APP], (including all related documentation, the “Application”). The Application is licensed, not sold, to you, as provided herein.

BY CLICKING THE “AGREE” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; AND (B) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. FURTHERMORE, BY CLICKING THE “AGREE” BUTTON, YOU REPRESENT AND WARRANT THAT YOU ARE EITHER (I) 18 YEARS OF AGE OR OLDER; OR (II) 13 YEARS OF AGE OR OLDER AND YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THE TERMS OF THIS AGREEMENT ON YOUR BEHALF. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK THE “AGREE” BUTTON AND DELETE THE APPLICATION FROM YOUR MOBILE DEVICE.

License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:

Download, install, and use the Application for your personal use on a single mobile device owned or otherwise controlled by you (“Mobile Device”); and
Access, stream, download, and use on such Mobile Device the content and services made available in or otherwise accessible through the Application, strictly in accordance with this Agreement.

License Restrictions. Except as may be expressly permitted by applicable law and expressly authorized by this Agreement, you shall not:

Copy the Application
Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application
Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof
Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof
Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time
Use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application
Use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in this Agreement, without Company’s prior written consent
Frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, website, or service
Use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application; or
Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.

Beta Application. Company may provide a beta version of the Application (the “Beta Application”) to you for a beta period, as determined by Company. At the expiration of the beta period, you will automatically continue to maintain access to the Application. The Beta Application is not available for public use or dissemination, but rather reflects the current status of the Application that is being delivered to you for purposes of using the Application to determine improvements, bugs, processes, and other suggestions that should be incorporated prior to putting the Application into a “final format.” There may be improvements to the Beta Application that will be provided from time to time, in Company’s sole discretion. The Beta Application includes any updates, bug fixes, upgrades, enhancements, or any modifications made by Company from time to time. In consideration for Company allowing you to use the Beta Application during the beta period, you shall provide Company with critical commentary and analysis, report any known bugs, and provide suggestions as to how the Application could work better and more efficiently (this may include quarterly reports, periodic conference calls, and a written response to Company questionnaires regarding your experience). Additionally, if requested by Company, you may provide Company with a written testimonial that Company may publish as a user testimonial to market the Application to future users, subject to your prior approval, which will not be unreasonably withheld. Company owns and retains all right, title, and interest in the Beta Application and any and all related materials. This Agreement does not transfer any ownership rights of the Beta Application or any related materials to you or any third party. You agree that any information and/or property that you provide to Company that may be used to improve the Application will constitute Company’s property. Therefore, you specifically agree that any intellectual property rights associated with such information and/or property delivered by you to Company will be considered “Works Made for Hire” (as the term is defined in the United States Copyright Act, 17 U.S.C. §101) and owned by Company. You will, and hereby do, assign to Company for no additional consideration, all right, title, and interest that you may possess in such information and/or property including, but not limited to, all copyrights and proprietary rights relating thereto. All protections and other provisions of this Agreement related to the Application shall apply to the Beta Application during the beta period.

Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company reserves and shall retain its entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly licensed to you in this Agreement.

Subscriptions.

The Application or some parts of the Application are available only with a paid subscription. You will be billed in advance on a recurring periodic basis (such as monthly or annually), depending on the type of subscription plan you select when purchasing the subscription. At the end of each subscription period, your subscription will automatically renew under the exact same conditions unless you or Company cancels it. You must cancel your subscription at least twenty-four (24) hours prior to your next renewal date to avoid automatic renewal.
If your subscription was made through any application store or distribution platform (like the Apple App Store or Google Play) where the Application may now or in the future be made available (each, an “Application Store”), you may cancel the renewal of your subscription pursuant to the policies and procedures of the applicable Application Store. In the event of an early cancellation of any annual subscription, Company may, but is not obligated to, offer a partial refund (prorated for the period remaining of such annual subscription). Except as otherwise set forth herein, you will not receive a refund for the fees already paid for your current subscription period. You will be able to access the Application until the end of your current subscription period, or in the event of an early cancellation of any annual subscription in which a partial refund is provided, you will be able to access the Application until the last day of the month in which such early cancellation occurs.
If required to complete your purchase, you shall provide Company with accurate and complete billing information including full name, mailing address, email, telephone number, and valid payment method information. If automatic billing fails to occur for any reason, Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline, with the full payment corresponding to the billing period as indicated on the invoice. If the subscription has been made through an Application Store, all billing will be handled by the Application Store and will be governed by the Application Store’s own terms and conditions.
Company, in its sole discretion and at any time, may modify the subscription fees. Any subscription fee change will become effective at the end of the then-current subscription period. Company will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Application after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
Except as set forth herein or as otherwise required by law or the applicable Application Store, paid subscription fees are non-refundable. If you wish to request a refund, you may do so by contacting the Application Store directly.

In-App Purchases. The Application may include the option to purchase products, items, services, or subscriptions made through the Application (each, an “In-App Purchase” and collectively, “In-App Purchases”). All In-App Purchases are subject to the terms of this Agreement and/or the Application Store’s own terms and conditions. In-App Purchases may only be consumed within the Application. If you make an In-App Purchase, that In-App Purchase cannot be cancelled after it has been completed. In-App Purchases cannot be redeemed for cash or other consideration or otherwise transferred. If any In-App Purchase is not successfully completed or does not work once it has been successfully completed, Company will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. Company will use its discretion to determine whether to provide you with a replacement In-App Purchase or issue you with a patch to repair the fault. In no event will Company charge you to replace or repair the In-App Purchase. In the unlikely event that Company is unable to replace or repair the relevant In-App Purchase or is unable to do so within a reasonable period of time and without significant inconvenience to you, Company will authorize the Application Store to refund you an amount up to the cost of the relevant In-App Purchase. Alternatively, if you wish to request a refund, you may do so by contacting the Application Store directly. You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store’s terms and conditions. If you have any payment related issues with In-App Purchases, then you will need to contact the Application Store directly.

Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information Company collects through or in connection with this Application is subject to its Application Privacy Policy [INSERT AS LINK TO MOBILE APP PRIVACY POLICY] (the “Application Privacy Policy”) and, if applicable, its Business Associate Agreement (the “Business Associate Agreement”). By downloading, installing, using, and providing information to or through this Application and agreeing to the terms of this Agreement, you consent to all actions taken by Company with respect to your information in compliance with the Application Privacy Policy and, if applicable, the Business Associate Agreement. You hereby represent and warrant that any and all information provided by you to Company is or shall be true, accurate, and complete in all respects.

Geographic Restrictions. The Application’s content and services are based in the State of Florida in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the content and services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Application’s content and services from outside the United States, you acknowledge and agree that you are responsible for compliance with local laws.

Updates. Company may, from time to time in its sole discretion, develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet, either:

The Application will automatically download and install all available Updates; or
You may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so.

You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

Disclaimer of Medical Services. The Application may include or make available communication between prospective patients (each, a “Patient” and collectively, “Patients”) and individual health care providers (each, a “Provider” and collectively, “Providers”). Such communication is provided for appointment scheduling purposes only. Neither Company and its affiliates, nor their respective officers, directors, managers, shareholders, members, employees, independent contractors, agents, successors, or assigns is practicing medicine or providing or dispensing medical services. Content and data that are accessible from or made available through the Application: (a) is not exhaustive, and should not be considered complete; (b) does not cover all diseases, ailments, physical or mental conditions, or their treatment; and (c) should not be used in place of a visit, call, consultation, or advice to, with or from a Provider. Any questions about any medical conditions or treatment should be directed to a licensed and qualified Provider and not Company or its vendors or third-party affiliates. You acknowledge and agree that Company is not responsible for any billing for services rendered by any Provider (including, but not limited, to you (if applicable)), to any Patient (including, but not limited to, you (if applicable)) as a result of a Provider’s listing on the Application.

Independent Contractors. You understand and acknowledge that any Providers (including, but not limited, to you (if applicable)) listed on the Application are in no way engaged or affiliated with Company as employees, agents, subcontractors, or independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

LIABILITY WAIVER AND RELEASE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU HEREBY WAIVE AND RELEASE COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, MANAGERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL LIABILITY, CLAIMS, COSTS, AND EXPENSES OF ANY KIND AND OF WHATEVER NATURE THAT YOU OR YOUR HEIRS, NEXT OF KIN, OR LEGAL REPRESENTATIVES MAY HAVE OR WHICH MAY LATER ACCRUE, BE CAUSED BY, OR ARISE DIRECTLY FROM OR INDIRECTLY FROM APPOINTMENTS SCHEDULED THROUGH USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY INJURIES TO YOU, OTHER PERSONS, OR ANY PROPERTY DAMAGE WHILE PROVIDING OR RECEIVING (AS APPLICABLE) MEDICAL SERVICES OR TREATMENTS.

Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Term and Termination.

The term of Agreement commences when you click the “agree” button to acknowledge your acceptance of the terms set forth herein and will continue in effect until terminated by you or Company, as set forth in Section 4 and in this Section 13.
You may terminate this Agreement by deleting the Application from your Mobile Device and cancelling your subscription to the Application in accordance with Section 4. You must cancel your subscription at least twenty-four (24) hours prior to your next renewal date to avoid automatic renewal as set forth in Section 4(a). The effective date of the termination of this Agreement will be the later of (i) the date upon with the Application is deleted from your Mobile Device, or (ii) the end of your applicable subscription period.
Company may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
Upon termination:

All rights granted to you under this Agreement will also terminate; and
You must cease all use of the Application and delete the Application from your Mobile Device and account.

Termination will not limit any of Company’s rights or remedies at law or in equity.

Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR ITS CONTENT AND SERVICES FOR:

PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
DIRECT DAMAGES IN AMOUNTS THAT, IN THE AGGREGATE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION DURING THE THEN-CURRENT SUBSCRIPTION PERIOD. FOR EXAMPLE, IF YOU HAVE A MONTH-TO-MONTH SUBSCRIPTION, DIRECT DAMAGES SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR ONE (1) MONTH OF SUCH SUBSCRIPTION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE STATES, COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification. You agree to indemnify, defend, and hold harmless Company and its affiliates, and their respective officers, directors, managers, shareholders, members, employees, independent contractors, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including, but not limited to, any content you submit or make available through the Application.

Export Regulation. The Application may be subject to United States export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the United States.

U.S. Government Rights. The Application is a commercial product, consisting of commercial computer software and commercial computer software documentation, as such terms are defined in 48 C.F.R. § 2.101. Accordingly, if you are an agency of the U.S. Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and its contractors, or (b) 48 C.F.R. § 12.212, with respect to all other U.S. Government licensees and their contractors.

Access from Application Store. The following terms apply if you accessed the Application through or downloaded the Application from any Application Store. You acknowledge and agree that:

This Agreement is between you and Company and not with the Application Store, and Company (not the Application Store) is solely responsible for, and the owner of, the Application.
The Application Store has no obligation to furnish any maintenance and support services with respect to the Application.
In the event of any failure of the Application to conform to any applicable warranty, you may notify the Application Store, and the Application Store will refund the purchase price for the Application to you (if applicable) and, to the maximum extent permitted by applicable law, the Application Store will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
The Application Store is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to:

Product liability claims;
Any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
Claims arising under consumer protection, privacy, or similar legislation.

In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Company will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
The Application Store and its affiliates are third-party beneficiaries of this Agreement as related to your license to the Application, and that, upon your acceptance of this Agreement, the Application Store or its affiliates will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Application against you as a third-party beneficiary thereof.
You represent and warrant that:

You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist-supporting country
You are not listed on any U.S. Government list of prohibited or restricted parties
You are not an individual or associated with an entity designated under the United Kingdom’s Terrorist Asset-Freezing, etc. Act 2010 (TAFA 2010); and
You are not otherwise subject to or affected in any way by any national security or terrorism related rules, whether applicable to you personally or to your location or other circumstances.

You must also comply with all applicable third-party terms of service when using the Application.

Severability. If any provision of this Agreement is deemed by a court of competent jurisdiction to be illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

Governing Law. This Agreement shall be is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case, located in Orange County, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE YOU HEREBY AGREE THAT SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER OF JURY TRIAL. THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ALL OF THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING BROUGHT TO ENFORCE OR DEFEND ANY TERMS OR PROVISIONS OF THIS AGREEMENT. NO PARTY SHALL SEEK TO CONSOLIDATE ANY PROCEEDING IN WHICH THE RIGHT TO A TRIAL BY JURY HAS BEEN WAIVED WITH ANY OTHER PROCEEDING IN WHICH THE RIGHT TO A TRIAL BY JURY CANNOT BE, OR HAS NOT BEEN, WAIVED. THE TERMS AND PROVISIONS OF THIS SECTION HAVE BEEN FULLY DISCUSSED BY THE PARTIES HERETO, AND THE TERMS AND PROVISIONS HEREOF SHALL NOT BE SUBJECT TO ANY EXCEPTIONS. NO PARTY HAS IN ANY WAY AGREED WITH, OR REPRESENTED TO, ANY OTHER PARTY THAT THE TERMS AND PROVISIONS OF THIS SECTION WILL NOT BE ENFORCED FULLY IN ALL INSTANCES.

Entire Agreement. This Agreement, the Company’s Application Privacy Policy, and, if applicable, the Company’s Business Associate Agreement collectively constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any third-party terms and conditions, the terms of this Agreement shall govern.

Contact Information. If you have any questions or notices to Company regarding the Application, you can reach Company using the contact information below:

Mailing Adress: Order My Care, LLC 955 Minnesota Avenue Winter Park, FL 32789

Email Address: [email protected]

Attention: Administrator

All notices and other communications hereunder shall be deemed to have been duly given: (a) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (b) on the date sent by email (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (c) on the third (3rd) business day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid.