Terms and Conditions

Contour Health, LLC Terms of Use

Last Updated October 13, 2025

THESE TERMS AND CONDITIONS OF USE ("Terms of Use") GOVERN YOUR USE OF ONLINE INTERFACES, PROPERTIES, WEBSITES, TECHNOLOGY, AND SERVICES (referred to as "Website," "Platform," or "Services") THAT ARE OWNED OR CONTROLLED BY CONTOUR HEALTH, LLC ("Contour Health," "we," "us," or "our"), INCLUDING ANY SERVICES MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR ANY OTHER MEANS, SUCH AS MOBILE PHONE APPLICATIONS. THIS TERMS OF USE FORMS A BINDING CONTRACT BETWEEN CONTOUR HEALTH AND YOU. THE TERMS "YOU," "YOUR," OR "CONSUMER" MEANS YOU, YOUR DEPENDENT(S), OR REPRESENTATIVE(S), IF ANY, AND ANY OTHER PERSON ACCESING YOUR ACCOUNT ON THE PLATFORM OR RECEIVING SERVICES. YOUR ACCEPTANCE OF, AND COMPLIANCE WITH, THESE TERMS OF USE IS A CONDITION TO THE USE OF THE WEBSITE AND SERVICES. BY USING THE WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND EXPRESSLY AGREE TO ALL TERMS AND CONDITIONS CONTAINED WITHIN THE TERMS OF USE AND PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE OR SERVICES AND CANNOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED HEREIN.

UNLESS YOU PROVIDE A TIMELY NOTICE TO OPT-OUT, THIS AGREEMENT REQUIRES THAT YOU RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WAIVE ALL RIGHTS TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. EXCEPTIONS AND INSTRUCTIONS FOR OPTING-OUT ARE DESCRIBED BELOW.

01. Order Services

Contour Health Services

Contour Health makes available certain technology, products, and services sold or offered by third-party health care providers ("Providers") pharmacies, and other third-party vendors. Currently, we provide access to prescription fulfillment services offered by AP Max, Inc. d/b/a Southend Pharmacy. In addition, our Services may include, without limitation, the facilitation of agreements for services between Providers and Consumers, the facilitation of text, verbal, and video telecommunications between Providers and Consumers, and appointment scheduling, reminders, and notifications for the services offered by Providers. Virtual consultations are provided by Providers that utilize the Website to connect with you. Contour Health is not a provider of clinical advice or a Provider, and does not endorse or condone the actions or methods of any Provider.

Geographic Restriction

We provide this Website for use only by persons located in certain locations of the United States. We make no claims that the Website and Services herein provided are accessible or appropriate outside of those locations within the United States. If you access the Website or Services from outside the United States, you do so at your own risk and you are responsible for compliance with local laws.

Professional Services

By requesting a virtual consultation with a Provider through the Platform, you are requesting to enter into a Provider-patient relationship with the applicable Provider, who shall be solely responsible for the provision of professional clinical services. You will only receive clinical care once a bona fide Provider-patient relationship is established by mutual acceptance.

No Clinical Advice

Contour Health makes certain general education resources available to you and facilitates your access to telehealth Provider services. Any material or information provided through the Website or the Services (except for clinical services received from a Provider through virtual consultations), including text, graphics, photographs, images, messages, articles, posts, simulated virtual conversations, forum postings, and other materials are for informational purposes only and are not a substitute for clinical advice or treatment. You should always seek the advice of your physician or other Provider with any questions regarding your health, and should never disregard professional clinical advice or delay in seeking it because of any information provided to you through the Platform. If you believe that you are having a medical emergency, call 911 or your local emergency phone number immediately.

Contour Health operates independently from the Providers who render professional clinical services via virtual consultations, and Contour Health is not responsible for any Provider's acts, omissions, or for the content of any communications made by a Provider, whether through the Platform or otherwise. Contour Health does not promise any particular results with regards to your health in connection with your use of the Services. We do not engage in the practice of any licensed profession, and by accepting the Terms of use and using the Website and Services, you acknowledge and agree that Contour Health does not provide professional clinical services, is not a Provider, does not employ or engage licensed healthcare providers for the purpose of furnishing professional clinical services, and that by using the Website and Services, you are not entering into a provider-patient relationship with Contour Health.

Clinical Disclaimers

Contour Health makes no representation or warranty as to the content or quality of any treatment decision, recommendation, or response from any Provider. Providers utilize the Website to connect with you. Providers do not render professional services through or on behalf of Contour Health, and all information or advice you receive from a Provider comes from the specific Provider and not from Contour Health. Contour Health shall not be liable for any professional or other advice you obtain from a Provider. You and the Provider are solely responsible for all information and/or communication transmitted during a telephone or virtual consultation, secure e-mail, questionnaire, or other communication, and the subsequent result. We do not make any representation that a telephone or virtual consultation, secure e-mail, questionnaire, or other communication is the appropriate type of communication and/or treatment format for your particular healthcare situation or needs. You expressly acknowledge and agree that (a) use of this Website, including any video consultations, is not a replacement for in-person care in all cases or for your existing relationship with your primary physician or other primary healthcare provider; (b) you will contact your primary physician or other primary healthcare provider immediately should your condition change or your symptoms worsen; and (c) if you require emergency care, you will contact 911 or your local emergency services immediately. Please refer to the Telehealth Consent Form for more information regarding risks associated with remote care and communications.

Pharmaceutical Products

As a result of using the Services, you may receive information referencing certain pharmaceuticals. Certain pharmaceuticals may not be available in all jurisdictions, and may require a prescription from an authorized healthcare professional. Any information provided through the Platform is provided for informational purposes only and should not be construed as specific instructions for individual users or as a substitute for clinical advice, diagnosis, or treatment. Unless specifically prescribed or ordered for you by a healthcare provider through a virtual consultation, Contour Health does not recommend or endorse any specific medication, tests, clinicians, products, procedures, opinions, or other information that may be mentioned through the Services. Reliance on any information provided through the Platform is solely at your own risk. Contour Health does not undertake any responsibility in relation to the quality of the clinical advice or the manner in which it is provided by healthcare providers.

If a prescription is ordered by a Provider following a virtual consultation, the prescription will be sent to one (1) of our pharmacy partners. Our pharmacy partners will fill and ship the ordered medication directly to you. In the alternative, you may choose to fill the prescription at a pharmacy of your choice by notifying your Provider or emailing us at info@getcontourhealth.com. If you complete a virtual consultation with a Provider and fill a prescription through our partner pharmacy, the prescription product is shipped to you by our partner pharmacy and the costs associated with the prescription are included in the Professional Fees charged to you. If you fill a prescription with a pharmacy other than our partner pharmacy, the Provider will send the prescription to your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the prescription medication and paying the pharmacy directly for the cost of the prescription product. Note that prescriptions for compounded medications can be transferred, but must be transferred to another compounding pharmacy.

Supplements and Non-Prescription Products

Through the Platform, Contour Health offers supplements and non-prescription products (the "Contour Health Products") for sale to Consumers. These products are not intended to diagnose, treat, cure, or prevent any disease. You are responsible for reading all product labels, warnings, and instructions before use. You should consult with a qualified healthcare professional before using any supplement or non-prescription products to determine if such products are appropriate for your specific medical condition(s) and to advise you of the potential side effects associated with the Contour Health Products.

Professional Fees

If you engage in a virtual consultation with a Provider, we will charge and collect from you a clinical encounter fee (the "Provider Fee") prior to the encounter. Likewise, if you are prescribed a prescription medication, we will charge and collect from you a pharmacy service fee (the "Pharmacy Fee") prior to your receipt of the prescribed medication (collectively, the Provider Fee and the Pharmacy Fee may be referred to as "Professional Fees"). We will transmit the Provider Fee and the Pharmacy Fee, in full, to your treating Provider and the Pharmacy, as applicable. The Provider Fee and Pharmacy Fee are non-refundable.

02. Use of Services

Use of Services

You are required to provide us with your name, email address, and phone number upon registering for a user account. We will use your email address or phone number to send you important updates about the Website and Services, as well as notifications when information and documents are added that you need to be aware of (e.g., forms, updated terms, etc.). In some instances, but not all, registered users may be permitted to opt-out of receiving certain emails.

Consumer Responsibilities

By using the Website and Services, including any virtual consultations, you accept responsibility for yourself in the use of Services. You acknowledge that your relationship for receiving healthcare services is with your Provider, and your obtaining healthcare services from a Provider is solely at your own risk and you assume full responsibility for all risk associated with such services, to the extent permitted by law. By using the Services and engaging in a virtual consultation, you agree to not hold Contour Health liable in any way for any malpractice or substandard treatment a Provider may render.

Provider Credentials

Contour Health does not confirm the credentials of Providers using the Services and do not validate their good standing with respective licensing board(s). It is your responsibility to separately confirm that a Provider is in good standing with his or her respective licensing board(s).

Privacy Policy

In the course of accessing the Website or Services, we may obtain information about you, or you may be required to provide certain information to us. Use of the Website and Services described herein are subject to our Privacy Policy. The Privacy Policy is hereby incorporated by reference into these Terms of Use.

Registered Users

Portions of the Website or Services are only available to users who have registered and created an account with an appropriate username and password ("Registered Users"). Each Registered User is responsible for controlling the privacy, dissemination, access to, and use of their username and password, and/or personal information necessary for verification, and promptly informing us of any need to deactivate a password or account. You also agree to promptly notify us of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Website or Services by emailing us at info@getcontourhealth.com. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.

Consumer Representations and Eligibility

You must use the Services in strict compliance with this Terms of Use and all applicable laws. You may only use the Services if you are located in the United States. To register on the Website, to enroll for and use the Services, you represent and warrant that you are at least eighteen (18) years of age. You further represent and warrant that: (a) you have the legal ability and authority to agree to these Terms of Use and use the Services; (b) the information you provided during your registration is accurate and complete; (c) you will comply with all applicable laws as they relate to the Platform and Services; and (d) you will not interfere with, disrupt, or replicate, or attempt to interfere with, disrupt, or replicate this Website and Services and its security measures and protocols. If any information you provide to us becomes inaccurate, incomplete, or otherwise false and/or misleading, you will immediately notify us. You are responsible for ensuring that any information you provide is complete, up to date, and accurate.

Emergency Services

Neither the Website nor Services are intended to support or carry out emergency calls to any law enforcement or healthcare provider or entity. In the event of a clinical emergency, dial 911 immediately.

03. Modifications

Modifications to Terms of Use

Contour Health reserves the right to update, change, add, or remove provisions from this the Terms of Use at any time without prior notice and for any reason without penalty or liability to you or any third-party. Any changes to the Terms of Use will be posted on the Website and will become effective immediately upon posting. By continuing to access and use the Website or Services, you expressly agree to follow and be bound by all applicable updates and changes to the Terms of Use. If you do not agree to any updated Terms of Use, you must stop using the Services.

Modification of Website and Services

Contour Health may make changes, updates, and/or revisions to the Website or Services at any time and for any reason without prior notice to you and without penalty or liability to you or any third-party. We reserve complete and sole discretion with respect to the operation of the Website and the Services. Contour Health reserves the right to maintain, delete, or destroy all communications and user content posted or uploaded to the Portal, pursuant to applicable law and our internal record retention and/or destruction policies. Occasionally, we may perform maintenance on or update the Website or Services or the underlying structure that enables use of the Website or Services. This may require us to temporarily suspend or limit your use of our Website or the Services until such time the maintenance or upgrade is completed. To the extent possible, we will endeavor to publish on the Platform the time and date of such expected suspension or limitation of the Website or Services in advance. You agree that you are not entitled to claim any damages for such suspension or limitation during such maintenance or upgrade.

04. Intellectual Property

Generally

All materials on the Website or Services, including the design, layout, and organization (collectively referred to as "Materials"), with the exception of data contained in the user records, are owned and copyrighted by us or our affiliates and are protected by all applicable intellectual property laws. All rights and title to the materials, trademarks, and service marks herein remain with us or its licensors. You are authorized to view the Website, Services, and/or Materials. All rights not expressly granted herein are reserved to us. You may not reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, circulate, or exploit for commercial gain any portion of the Website, Services, or Materials. You further agree that any information you provide or use on the Website, and your use of the Website, and your use of the Website or Services, will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third-parties.

Permissible Use

You further agree that you shall not, and shall not permit any individual or entity to (a) reverse engineer, disassemble, decompile, decode, or adapt the Website, Services, or Materials, or otherwise attempt to derive or gain access to the source code of the Website, in whole or in part; (b) bypass or breach any security device or protection used for or contained in the Website or Services; (c) use the Website or Services for purposes of: (i) benchmarking or competitive analysis of the Website; (ii) developing, using, or providing a competing software product or service; or (iii) any other purpose that is to our commercial disadvantage; or (d) use the Website, Services, or Materials for any other purpose or application not expressly permitted by this Agreement.

Limited License

Upon accepting the Terms of Use, you are granted a limited, non-assignable, non-sublicensable, non-exclusive license to use the Website or Services on a personal computer, mobile phone, or other electronic device for personal, non-commercial use through your individual account. You agree not to grant any third-party the right to your personal use of our Website or Services.

Copyright Notice

Contour Health reserves the right to remove any content or any other material or information available on or through our Services, at any time, for any reason. Contour Health otherwise complies with the provisions of the Digital Millennium Copyright Act ("DMCA") applicable to Internet service providers and responds to clear notices of alleged copyright infringement. If you have objections to copyrighted content or material made available on or through our Website or Services, you may submit a notification to:

Contour Health, ATTN: Compliance Department, 1022 Carolina Blvd, Isle Of Palms, SC 29451 or info@getcontourhealth.com.

Trademarks

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

05. Communications

Calling & SMS Messages

When accessing the Website, use the Services, or sending us or any Provider messages, you are communicating with us electronically. You consent to receive communications from us and/or Providers electronically. These communications may include, but are not limited to, transactional messages related to your use of the Website and Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy the legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication.

Security

You understand that while Contour Health takes the privacy and the security of your health and other sensitive information very seriously, Contour Health cannot guarantee that the transmission of information over the internet and mobile networks is fully secure. SMS messages and emails that you send to or receive from Contour Health are not encrypted, which means that it is possible they may be intercepted by third-parties. You should not text or email health or other sensitive information. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk.

Content of Communication

We do not endorse or take responsibility for the content of communications made using any portion of the Website. By using the Website, you agree that any content received or transmitted is entirely the responsibility of the individual from whom such content originated. You agree that you are solely responsible for the content you choose to upload onto the Website. You agree not to (a) access the Website or use the Services in any unlawful way or for an unlawful purpose; (b) post or transmit: (i) a message under a false name, or (ii) any data, materials, content, or information (including, without limitation, advice and recommendations) (collectively, "Information) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (c) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (d) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Website or the Services; (e) use robots or scripts within the Website; (f) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Website; (g) incorrectly identify the sender of any message transmitted to the Website. You may not alter the attribution or origin of electronic mail, messages, or postings; (h) harvest or collect protected health information about any other individual who uses the Website or the Services; (i) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third-parties. All information you provide to us or any third-party through the Website shall be true, accurate, current, and complete.

Informational Purposes

Any Information displayed on the Website is for informational purposes only. No content shall be construed as a professional opinion, clinical advice, or relied upon to diagnose or treat any particular condition unless provided or communicated by a Provider.

06. Third-Party Materials

Third-Party Websites

We may provide external links to third-party websites. These Terms of Use apply only to your relationship with us and the Website or Services, and do not describe the terms and conditions, privacy policies, or other policies of third-parties. Your use of third-party websites is at your own risk and subject to the third-party's terms and conditions. We disclaim any and all liability for any information set forth on linked sites.

No Endorsement

Information provided on the Website is for your convenience only. We do not endorse the promotions, products, publications, or services of any third-party. We do not warrant or validate the advertisements, promotions, communications, or other materials of any third-party. Any views expressed by third-parties on this Website or Services are solely the views of such third-party, and we assume no responsibility or liability for the accuracy of any statements made by such third-party.

07. Payment Terms

Payment

We may charge fees for your use of certain Services. Where applicable, you agree that we may charge your credit card or other payment mechanism on file for all amounts due and owing for the Services, including taxes and service fees, set up fees, subscription fees, or any other fee associated with use of your registered account. We may change prices at any time, including changing a free service to a paid service; provided, however, that we will provide you with prior notice and an opportunity to terminate your registered account. You agree that in the event we are unable to collect the fees owed for the Services through your account, we may take any other steps we deem necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees and court costs.

Notice of Financial Responsibility

You acknowledge that you are solely responsible for all applicable charges at the prices then in effect for the Services, including any Professional Fees. Contour Health will collect Professional Fees on behalf of Providers and the Pharmacy and pass-through the Provider Fee and Pharmacy Fee to the Provider and Pharmacy, as applicable. Contour Health and/or Providers have no obligation to provide Services and/or professional services, as applicable, unless and until payment has been received and/or verified. You agree that you will not submit a claim to any-third party payor for reimbursement of any professional clinic services. The Provider does not participate in any payor network. Therefore, neither the Provider, nor Contour Health on behalf of the Provider, will submit any claim for reimbursement form any commercial, federal, or state payors in connection with the professional clinical services furnished to you. To the maximum extent permitted by law, if the professional clinical services rendered by a Provider become reimbursable by an applicable commercial, federal, or state payor, you acknowledge and agree that if you are denied coverage upon submission of a claim, you shall be responsible for any outstanding payment of the Professional Fees.

08. Termination

Right to Terminate

Unless expressed otherwise in writing, we reserve the right to terminate, rescind, revoke, or modify access to the Website or Services without notice at any time for any reason. Any violation by you of these Terms of Use will result in immediate termination. We shall not be liable to you or any third-party for any such termination. You may opt-out of the Website or Services at any time.

Effect of Termination

After termination, Contour Health will have no further obligation to coordinate Services, except to the extent a Provider is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical, and professional obligations to you. Applicable terms in the Terms of Use, including, but not limited to, the following provisions shall survive the expiration or termination: Indemnification, Limitation of Liability, Limitation on Time to File Claims. Agreement to Arbitrate.

09. Indemnification; Disputes

Indemnification

You hereby agree to hold harmless, defend, and indemnify us, our principals, owners, officers, directors, managers, employees, contractors, agents, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands, and expenses, including attorneys' fees, that arise from or are related to (a) your use or misuse of the Website or Services; (b) your breach of these Terms of Use; (c) the content or subject matter of any information you provide to us; and/or (d) any negligent or wrongful act or omission by you in the use or misuse of the Website or the Services, including, without limitation, infringement of third-party intellectual property rights. You agree to waive, to the fullest extent permitted by law, all laws that may limit the efficacy of such indemnification or release.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOST OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS WEBSITE OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BASED ON USE OF THIS WEBSITE OR SERVICES, EXCEPT AS REQUIRED BY LAW.

Your acceptance of this limitation of liability is an essential term and we would not grant you access to the Website or Services without your agreement to this essential term of these Terms of Use. If you are a California resident, you waive your rights with respect to California civil code section 1541, which indicates "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

DISCLAIMER

THE WEBSITE OR SERVICES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, FREE FROM ERROR, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

We will make reasonable efforts to keep the Website and the Services content timely and accurate, but we make no guarantees, and disclaim any implied warranty or representation about accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the Website and Services. We assume no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or the Services.

CONTOUR HEALTH HAS NO RESPONSIBILITY, AND HEREBY DISCLAIMS ANY LIABILITY FOR TELEHEALTH SERVICES OFFERED OR DELIVERED BY A PROVIDER. EACH PROVIDER MAY CHANGE OR DISCONTINUE THE TELEHEALTH SERVICES AT ANY TIME, IN ITS SOLE CLINICAL DISCRETION, AND CONTOUR HEALTH HAS NO OBLIGATION TO PROVIDE NOTICE TO YOU BUT CAN HELP TO FACILITATE ACCESS TO ANOTHER PROVIDER UPON REQUEST.

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 TECHNOLOGICAL HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OFFERED THROUGH THE WEBSITE IS AT YOUR OWN RISK.

Governing Law

These Terms of Use shall be governed and construed in accordance with the laws of the state of Texas, as amended from time to time, without regard to principles of conflicts of law.

LIMITATION ON TIME TO FILE CLAIMS

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

AGREEMENT TO ARBITRATE; VENUE

YOU AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, OR THE USE OF THE SERVICES (COLLECTIVELY, "DISPUTE(S)") WILL BE SETTLED BY BINDING ARBITRATION. This arbitration clause governs all Disputes, except that each party retains the right: (a) to bring an individual action in small claims court, and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described I the foregoing clause (b), an "IP Protection Action").

Without limiting the foregoing, you may decline the above arbitration provisions, thereby retaining the right to litigate any other Dispute if you provide us with written notice of your election, by U.S. mail or express courier to the address contained in the "Notices" section below, within thirty (30) days following the date you first agree to these Terms of Use (such notice, an "Arbitration Opt-Out Notice"). If you do not provide us with an Arbitration Opt-Out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth above. The exclusive jurisdiction and venue of any IP Protection Action, or if you timely provide us with an Arbitration Opt-Out Notice, any other claims, will be the state and federal courts located in the State of Texas and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

UNLESS YOU TIMELY PROVIDE US WITH AN ARBITRATION OPT-OUT NOTICE, YOU ACKNOWLEDGE AND AGREE THAT YOU AND US ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND US OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. MOREOVER, THE ARBITRATOR WILL HAVE NO AUTHORITY TO AWARD PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL DAMAGES, OR ANY OTHER DAMAGES NOT MEASURED BY THE PREVAILING PARTY'S ACTUAL DAMAGES, EXCEPT AS REQUIRED BY LAW.

An arbitration occurring pursuant to this section will be administered by the American Health Lawyers Association ("AHLA") before a single arbitrator with the locale of all hearings requiring physical attendance of the parties to occur in Harris County, in the State of Texas, or as otherwise mutually agreed upon by the parties. Any judgement or award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

This section will survive any termination of these Terms of Use.

Arbitration Fees

The costs of any arbitration, as described in the previous section, including, without limitation, the fees of the arbitrator (but excluding each party's attorneys' fees) shall be paid by the claimant who initiates the arbitration.

10. Miscellaneous

Notices

We may provide notice to you by e-mail at the e-mail address you provided during registration, by a general notice on the Website or Services, by SMS message, or by written communication delivered by first class U.S. mail or express courier to your address on record in your account information. You may give notice to us at any time, in writing, delivered by first class U.S. mail or express courier to Contour Health 1022 Carolina Blvd, Isle Of Palms, SC 29451 or info@getcontourhealth.com.

Waiver

No delay by us in the exercise of any right shall be deemed a waiver thereof, nor shall the waiver of a right or remedy in a particular instance constitute a waiver of such right or remedy generally.

Severability

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

No Agency Relationship

Neither these Terms of Use, nor any content, materials, information, or features of the Website or Services create any partnership, joint venture, employment, or other agency relationship between you and Contour Health.

Assignment

You may not assign any of your rights under These Terms of use, and any such attempt will be null and void. Contour Health may, in its sole discretion, assign or transfer, without further consent or notification, these Terms of Use or any or all contractual rights and obligations pursuant to these Terms of Use, in whole or in part, to any affiliate of Contour Health or to a third-party in the event that some or all of the business of Contour Health is transferred to such third-party by way of merger, sale of its assets, or otherwise.

Contact us

We are committed to providing each of our valued clients with excellent customer service. If you have any questions or concerns, please do not hesitate to contact one of our professional customer service representatives at: info@getcontourhealth.com

Business Address
1022 Carolina Blvd
Isle Of Palms, SC 29451