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1199SEIU Benefit Funds

June 22, 2018

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Terms & Conditions

InquisitHealth Inc. (“InquisitHealth,” “we,” “us,” “our”) provides certain services (described below) to you (“you”) through our various websites, (the “Site(s)”), as well as our software platform and any mobile applications (“InquisitHealth App(s)” or “Apps”) and related services, content, tools, widgets, software, API(s), and/or other product(s), service(s), data, or information supplied to you by InquisitHealth (collectively, including any new features and applications, and the Sites and the InquisitHealth Apps) the “Service(s)”), subject to the following terms and conditions (as amended from time to time, the “Terms of Service” or “Terms”).

This agreement is the user agreement (the “Agreement”) for InquisitHealth's Services. This Agreement describes the terms and conditions applicable to your use of our Services available under the domain and sub-domains of the Site, Apps and other platforms. If you do not agree to be bound by the terms and conditions of this Agreement, do not access the Sites or Apps nor use the Services.

In addition, when using certain Services, you may be subject to any additional terms and conditions applicable to you as an InquisitHealth user, including, without limitation, the Privacy Policy located at HERE. You agree that the use of the Service is subject to all applicable policies, terms and conditions, and privacy policy documents posted on our Site(s) or App(s) and related to the Service.

ACCEPTANCE. By clicking “I accept” within any Site or App, by downloading our App, and/or by using any of our Services, you agree that you have read, understand and accept all of the terms and conditions contained in this Agreement and the accompanying Privacy Policy.

InquisitHealth reserves the right, at any time, to modify, alter, or update these Terms of Service by posting the modified, altered or updated terms on the Site or through other reasonable means, and you agree to be bound by such modifications, alterations or updates. If you do not agree to such modifications, alterations or updates, you should terminate your use of the Services. Any such changes will become effective when they are posted, except as otherwise required by applicable laws. Your continued use of any of the Services following the posting of notice of any changes in this Agreement shall constitute your acceptance of such modifications, alterations and updates.

Among other things, the Services may include matching you with what we may call “community health workers”, “peers”, “mentors”, “advisors”, “supporters”, “specialist”, “expert”, “ambassador”, “social navigators”, “peer navigators”, “program delivery team members” or other similar or replacement nomenclature we may use from time to time (collectively, “Peers”).

You may be referred to as a “mentee”, “participant”, “program participant”, “end user”, “user”, “patient” (but if so, not for purposes of implying any medical advice or doctor patient relationship, as described in more detail below), or other similar or replacement nomenclature we may use from time to time.

We match you with independent third party community Peers; Peers are not our employees and we do not control them. We may, but are not obligated to, review the qualifications and experience of the Peers, and often rely on their self-certification of their experiences; we are not responsible for the statements, advice, acts or omissions of the Peers.

MEDICAL DISCLAIMER. The role of the peers is only to provide support and a sense of community, not to provide medical advice. THE PEERS ARE NOT DOCTORS, NURSES NOR OTHER MEDICAL PROFESSIONALS. THEY ARE MATCHED WITH YOU, AMONG OTHER THINGS, ON THE BASIS OF HAVING EXPERIENCE WITH A PARTICULAR CONDITION RATHER THAN FOR ANY MEDICAL EXPERTISE. THE PEERS ARE NOT INTENDED TO PROVIDE MEDICAL ADVICE AND ANY ADVICE THEY GIVE DOES NOT CONSTITUTE MEDICAL ADVICE NOR TAKE THE PLACE OF INSTRUCTIONS OR ADVICE FROM YOUR HEALTH CARE PROVIDERS.

IN THE EVENT OF AN EMERGENCY, CALL 911 OR A MEDICAL PROFESSIONAL IMMEDIATELY.

INQUISITHEALTH IS NOT A LICENSED MEDICAL CARE PROVIDER AND PEERS DO NOT PROVIDE MEDICAL DIAGNOSES OR CLINICAL SERVICES. THEY ALSO DO NOT TREAT OR MANAGE ANY ILLNESS, DISEASE, OR CONDITION THAT IS PHYSIOLOGICAL OR MENTAL. YOU SHOULD NOT CHANGE YOUR CURRENT TREATMENT OR CARE PLAN BASED ON INFORMATION YOU RECEIVE THROUGH OUR SERVICES OR FROM PEERS, AND THEIR ADVICE A SERVES MERELY AS A SUPPLEMENT TO ANY TREATMENT OR CARE THAT YOU RECEIVE FROM YOUR HEALTHCARE PROVIDER, FOR INFORMATIONAL PURPOSES ONLY. INFORMATION PROVIDED THROUGH OUR SERVICES AND PEERS IS SOLELY INFORMATIONAL AND WILL NOT, AND DO NOT, RECOMMEND, ENDORSE, OR ADVERTISE ANY OTHER DRUG, DEVICE, OR TREATMENT. IF YOU HAVE ANY HEALTHCARE RELATED QUESTIONS AT ALL, PLEASE SEEK THE EXPERTISE OF A QUALIFIED MEDICAL PROFESSIONAL AS SOON AS NECESSARY. NEVER TURN DOWN PROFESSIONAL MEDICAL ADVICE OR DELAY SEEING A HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU READ OR HEARD FROM OUR PEERS OR IN CONNECTION WITH OUR SERVICES. You may use the Services and advice from the peers for informational purposes only, only as one information source among many, and not as the sole basis for making any decisions; you must conduct your own due diligence, listen to your healthcare provider(s), and use your own judgment, when making any healthcare decisions.

THE TRANSMISSION AND RECEIPT OF THE CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, PHONE, EMAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND INQUISITHEALTH AND/OR THE PEERS.

MEMBERSHIP
1. Users: Our Site, Apps and our Services can be utilized and accessed by multiple types of users, each with different privileges. Please note the following definitions:
ACCOUNT CREATION AND ACCES

2.1. In order to access the Services, you may have to register or create an account. You may never use another individual’s account without permission. When creating your account, you must provide accurate and complete information. Registration or subscription to the Services authorizes a single user to use the Services unless otherwise expressly stated. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify InquisitHealth immediately of any actual or suspected breach of security or unauthorized use of your account. Although InquisitHealth will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of InquisitHealth or others due to such unauthorized use. We have the right to refuse you access to the Services or any of its resources, and to terminate or suspend your access at any time, without notice if we believe that information you provide is not correct, current, or complete, or to protect the security of the Services.

2.2 Access. InquisitHealth maintains the right, in its sole discretion, to refuse or terminate access to our Services for any reason at any time without prior notice or liability. InquisitHealth maintains the right to, but has no obligation to, remove, monitor, or block accounts or information that promote or contain content that is determined to violate these Terms of Service. Use common sense, caution, and your best judgment when you send, submit, or post content that contains any personal or health information. You also agree to take full responsibility for all data charges, whether this corresponds to phone, internet, or mobile phone usage, you incur through use of our Services. We shall not be responsible for maintaining any account information after your Account has been cancelled.
YOUR OBLIGATIONS

3.1. You represent and warrant that all information that you provide to us will be true, accurate, complete and current, and that you have the right to provide such information to us in connection with your use of the Services. You must comply with the terms of any applicable policies posted in our Services, and agree to the following:

You may not:
1. restrict or inhibit any other user from using and enjoying the Services;
2. post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, vulgar, sexually-orientated, profane, threatening, abusive, hateful, offensive, false, misleading, derogatory, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations;
3. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by InquisitHealth) or engage in spamming or flooding;
4. post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component;
5. upload, post, publish, reproduce, transmit or distribute in any way any component of the Services itself or derivative works with respect thereto;
6. resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of the Services, or access to them;
7. use email addresses obtained from the Services for solicitation purposes of any kind, directly or indirectly;
8. use data mining, robots or other similar data gathering and extraction tools;
9. access (or attempt to access) the Services or any content therein through any automated means (including use of any script or web crawler, page-scrape, spider, robot, index, Internet agent or other automatic device, program, algorithm or technology which does the same things) including without limitation, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website;
10. make any derivative works based, in whole or in part, on any portion or all of the Services;
11. use i-frames, webpage frames, or any similar framing, to enclose, capture or distribute any part of the Services;
12. mirror or cache or store any pages or portions of the Service;
13. co-brand any portion of the Services;
14. otherwise imply any relationship with or endorsement of your brands or services;
15. use a false email address, impersonate any person or entity, forge e-mail headers or otherwise disguise the origin of any communication or mislead as to the source of the information you provide to the Services;
16. use the Services in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party's use and enjoyment of the Services;
17. attempt to gain unauthorized access to any services or information to which you have not been granted access through password mining or any other process;
18. post or transmit any photograph or likeness of another person without that person's consent, and/or any other required permissions;
19. post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Services for commercial purposes (other than as expressly permitted by the Services and by the provider of such information, software or other material); or
20. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Services which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder, or which otherwise violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights.
3.2. While InquisitHealth will periodically review its Services, we have no obligation to monitor the Services. However, you acknowledge and agree that InquisitHealth has the right to monitor the Services electronically from time to time, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect itself or its customers. InquisitHealth reserves the right to refuse to post, or to remove, any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement.

3.3. With respect to any software, including without limitation subscription software as a service, subject to the terms and conditions of this Agreement, we hereby grant to you a limited, nonexclusive, non-transferable revocable license to access and use such software or subscription services solely during the term of your subscription under this Agreement, solely by the number of authorized users, and only up to the approved and mutually agreed usage volumes, as mutually agreed, and solely for internal and non-commercial purposes.

3.4. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to our publicly available website(s), subject to the terms hereof, provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter, and provided you do not i-frame them or alter the content therein or in any way imply a relationship therewith. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.

3.5. You will keep and protect our Confidential Information (defined below) as confidential, using at least the same efforts you use to protect your own confidential information and in no event less than reasonable and industry standard efforts. Our “Confidential Information” includes the Services, documentation and information about the Services and their operation, and any other information you obtain from or about us or from or about the Services, or any other information which a reasonable person would or should understand to be confidential or proprietary in nature. You agree to return or destroy our Confidential Information when this Agreement is over. You acknowledge and agree we shall be entitled to seek equitable relief in any court of competent jurisdiction without the necessity of posting bond and in addition to such other remedies as may be available under law or in equity. Your confidentiality obligations shall survive termination or expiration of this Agreement.

3.6. While this Section highlights some of your key obligations, headers and section titles are for convenience only, and you are bound by all the terms of this Agreement.
INTELLECTUAL PROPERTY RIGHTS

Service Content, Software and Trademarks. You acknowledge and agree that the Service may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws (“Service Content”). Except as expressly authorized by InquisitHealth, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by InquisitHealth from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of InquisitHealth, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by InquisitHealth. The InquisitHealth Inc. name and logos are trademarks and service marks of InquisitHealth (collectively the “ InquisitHealth Trademarks”). Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of InquisitHealth Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of InquisitHealth Trademarks will inure to our exclusive benefit.
Third Party Content and Services.
1. The Services may integrate and/or interact with third party services, such as APIs or browser extensions. InquisitHealth has no affiliation, association, endorsement, or sponsorship by any other third party services with which it integrates or interacts from time to time (collectively, “Third Party Services”). Company makes no claim, representation or warranty of any kind, type or nature concerning any Third Party Services, nor InquisitHealth’s or any User’s compliance with any third party terms of service for any such Third Party Services (collectively, “Third Party Terms”). It shall be each User’s sole responsibility to analyze and interpret any applicable Third Party Terms and comply therewith. Each User is solely responsible for their interpretation of Third Party Terms and their actions relevant to compliance thereof. By using the Services, you hereby release InquisitHealth and waive any and all claims or claim rights that you may have against InquisitHealth, and release and indemnify InquisitHealth against any claims that any third party may have against you, including with respect to your use of any Third Party Services, including if accessed or used via our Services, and with respect to Third Party Terms, applicable privacy policies or any other rules or regulations of such third parties.
2. Certain content (including without limitation advertisements) on the Services may be supplied by third parties. InquisitHealth does not have editorial control over such content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including without limitation, suppliers and vendors, advertisers, or any customer or user of the Services, are those of the respective authors or distributors and not of InquisitHealth or its affiliates or any of its officers, directors, employees, or agents. In many instances, the content available on the Services represents the opinions and judgments of the respective third parties, whether or not under contract with InquisitHealth. You may enter into correspondence with or participate in promotions of such third parties, such as advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such third party. InquisitHealth neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, submission, posting, or statement made on the Services. Under no circumstances shall InquisitHealth, or its affiliates, or any of their respective officers, directors, employees, or agents, be liable for any loss or damage caused by your reliance on any content or other information obtained through the Services.
3. Certain third parties may be third party beneficiaries to this contract. For example, without limitation, Apple Inc., Google, Inc., or Microsoft Corporation will be a third-party beneficiary to this contract if you access the Services using applications developed for Apple iOS, Android, or Microsoft Windows-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. However, your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's Terms of Service.
OWNERSHIP
1. We and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Services, the website and all information, content, Software, and other software and materials provided by or on behalf of us, including but not limited to all text, images, videos, logos, button icons, audio clips, and the look and feel of the website and our brands and logos, and any data compilations, including without limitation any data input by or on behalf of us or our third party providers, and any data to the extent processed by, or resulting as an output of, the Services, and all Services usage data, statistical data or aggregated data collected or reported with respect to the any part or all of the Services, including without limitation any aggregated and anonymized data extracted or derived from the Service, including all aggregated and anonymized usage data, statistical data, transactional data, metadata, market data and other aggregated and anonymized data collected from user data and files. We own the rights to any metadata we collect from or about your use of the Services. Without limiting the generality of the foregoing, we reserve the right to create and market public indexes, analysis or insights created from such data. You agree that you will not copy, reproduce, distribute or create derivative works from any information, content, software or materials provided by us, or remove any copyright or other proprietary rights notices contained in any such information, content, software or materials without the copyright owner's prior written consent.
2. Unless otherwise stated, all content in our websites or other Services, is our property or the property of third parties. These contents are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws.
3. Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to us, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) unsolicited ideas submitted to us or any of our employees or representatives automatically become our property.
CONFIDENTIALITY
1. Confidential Information. We will use reasonable efforts to protect the confidentiality of certain personally identifiable information you submit to us (“Personally Identifiable Information”), in accordance with our Privacy Policy posted on our website. You will keep and protect any of our Confidential Information as confidential, using at least the same efforts you use to protect your own confidential information and in no event less than industry standard efforts. Our “Confidential Information” includes the Services, documentation and information about the Services and their operation, and any other information you obtain from or about us or from or about the Services, or any other information which a reasonable person would or should understand to be confidential or proprietary in nature. To the extent applicable, you agree to return or destroy our Confidential Information when your subscription under this Agreement is over. Your confidentiality obligations shall survive termination or expiration of this Agreement.
2. Non-confidential information. Certain material you may post via our Services is or may be available to the public, including without limitation any public profile data, feedback, questions, comments, suggestions, uploads, blog entries, ratings, reviews, images, etc., in any form or media, that you may post via the Services or otherwise (collectively, "Public Postings"). These Public Postings will be treated as non-confidential and nonproprietary. You are responsible for any Public Postings and the consequences of sharing or publishing such content. This includes, for example, any personal information, such as your address, the address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF PUBLICLY SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON THE SERVICES.
3. Other content or communications you transmit to us, including without limitation any feedback, data, questions, comments, suggestions, in any form or media, that you submit to us via e-mail, the Services or otherwise (excluding any Personally Identifiable Information, collectively, "Submissions"), will be treated as non-confidential and nonproprietary.
4. Unauthorized Use. You agree to make your best effort to prevent third parties from misappropriating or obtaining unauthorized access, or use of the Site and Services (collectively “Unauthorized Use”). In the event that you learn of an Unauthorized Use, you shall promptly and fully inform InquisitHealth of all facts known to you with respect to such Unauthorized Use. InquisitHealth may institute any legal action or proceeding to obtain any relief permitted in law, equity or both, against any persons or entities causing, directly or indirectly, such Unauthorized Use, and if any such action or proceeding is instituted, you shall reasonably cooperate with InquisitHealth in connection therewith.
5. Site Security. For the protection of InquisitHealth this Site may use a variety of security measures for protection, as more fully set forth in our Privacy Policy. You agree not to, nor attempt to, disable or interfere with any such measures. Any circumvention or interference with such measures may result in civil and criminal penalties.
6. Availability. Although InquisitHealth will use best efforts to ensure that our Services remain available, there may be instances in which Services are interrupted for reasons including, but not limited to: maintenances, upgrades, repairs, or failed communications and/or equipment. InquisitHealth also maintains the right to remove any content from our Services for any reason, without prior notice, though the content may be stored by InquisitHealth. Also note and acknowledge that Internet and mobile platforms that connect to the Internet may be vulnerable to security breaches and therefore, content or other information submitted through these modes may not be secure.
LIMITATION OF LIABILITY. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, INQUISITHEALTH SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, LOSSES OF ANY KIND, OR INJURY OF ANY KIND RESULTING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SERVICES, OR FROM YOUR USE OF AND/OR RELIANCE ON ANY CONTENT. MATERIALS OR PURPORTED ADVICE PROVIDED VIA THE SERVICES, AND IN NO EVENT SHALL INQUISITHEALTH OR ITS OFFICERS, EMPLOYEES, STAFF, CONTRACTORS, DIRECTORS, SUBSIDIARIES, AFFILIATES, LICENSORS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, INCURRED BY YOU WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITES, APPS, OR ANY OF OUR SERVICES FOR THAT MATTER, WHETHER OR NOT INQUISITHEALTH HAS BEEN ADVISED OF THE POSSIBILITY. THESE DAMAGES MAY BE DIRECTLY OR INDIRECTLY RELATED TO AND ARE NOT EXCLUSIVELY LIMITED TO: OUR SERVICES; THE APPLICATION; OUR CONTENT; ANY USER CONTENT; YOUR USE OF OUR SERVICES; THE PERFORMANCE OF OUR SERVICES; ANY ACTIONS TAKEN IN CONNECTION WITH INVESTIGATIONS BY INQUISITHEALTH OR LAW ENFORCEMENT.

REGARDING YOUR OR ANY OTHER PARTY'S USE OF OUR SERVICES; ANY ACTION TAKEN RELATED TO COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; ANY ERRORS IN OUR SERVICES’ OPERATIONS; DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT AND TECHNOLOGY. IN NO SITUATION WILL INQUISITHEALTH AND ITS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILTY TO YOU AND ANY THIRD PARTY HEREUNDER AND/OR FOR YOUR USE OF AND ACCESS TO THE SERVICES, SHALL BE CAPPED AT AN AMOUNT NOT TO EXCEED $1,000.

INDEMNITY. YOU AGREE TO HOLD THE FOLLOWING PERSONS AND ENTITIES HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, LIABILITIES, AND SETTLEMENTS (THE AFOREMENTIONED TERMS INCLUDE WITHOUT LIMITATION, ANY REASONABLE LEGAL AND ACCOUNTING FEES, ANY OF WHICH ARE RESULTING FROM OR ALLEGEDLY ARE RESULTING FROM YOUR USE OF ANY OF OUR SERVICES): INQUISITHEALTH, INQUISITHEALTH’S OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, STAFF, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUBSIDIARIES, AND AFFILIATES.
DISCLAIMER OF WARRANTIES. INQUISITHEALTH MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SERVICE OR THE SITE AND ALL CONTENT AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. USERS ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE INFORMATION PROVIDED IS SUITABLE FOR THEIR PURPOSES, AND RELIANCE ON THE INFORMATION IS AT THE USERS' SOLE RISK. WE DO NOT GUARANTEE THAT OUR SERVICES WILL BE ERROR-FREE, COMPLETELY ACCURATE, UNINTERRUPTED, THAT DEFECTS WILL BE IMMEDIATELY CORRECTED, OR THAT OUR SERVICES WILL BE FREE FROM HARMFUL COMPONENTS. USERS SHOULD OBTAIN ANY ADDITIONAL INFORMATION NECESSARY TO MAKE AN INFORMED DECISION. INQUISITHEALTH ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY INTERACTION BETWEEN ANY PATIENT/MENTEES AND INQUISITHEALTH, OR ADVICE OR TREATMENT, OR SERVICES RENDERED BY ANY SPONSORING COMMUNITY, HOSPITAL, PHYSICIAN, OR OTHER HEALTH CARE PROVIDER, HEALTH CARE FACILITY OR HEALTH PLAN. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, INQUISITHEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES AND ENDORSEMENTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUSES. ACCESSING OR USING OUR SERVICES CONFIRMS THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTIONS WHERE YOU ACCESS OR USE OUR SERVICES. INQUISITHEALTH DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY ENTITY FOR ANY KIND OF LOSS, ANY KIND OF DAMAGE, ANY KIND OF INJURIES, ANY KIND OF CLAIMS, OR OTHER CAUSES OF ANY TYPE BASED UPON OR RESULTING FROM CONSUMPTION OF ANY CONTENT.
Digital Millennium Copyright Act. A. If you are a copyright owner or an agent thereof and believe that any content in our Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. InquisitHealth's designated method to receive notifications of claimed infringement is by emailing hi@inquisithealth.com. You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid.
GENERAL PROVISIONS
1. Governing Law. This Agreement, and any claim, controversy or dispute arising under or related to this Agreement, the relationship of the parties and/or the interpretation and enforcement of their respective rights and obligations, shall be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of law. The parties hereto agree to the exclusive jurisdiction of the courts located in the State of New York and the exclusive venue of New York County.
2. Severability; Modification; Waiver. If any provision of this Agreement is held invalid or otherwise unenforceable, the enforceability of the remaining provisions of this Agreement will not be impaired thereby. The failure by any party to exercise any right or remedy provided for herein will not be deemed a waiver of any right or remedy hereunder. No modification of or amendment to this Agreement shall be valid unless in writing and signed by both parties. Accessing our services also confirms that you understand that you may be waiving rights to claims that are, at this time, unknown or unanticipated. In compliance with such waiver, you recognize that you read, understand, and waive protection from any statute of any state or jurisdiction where you may use our Services, relating to the waiver of unknown claims.
3. Territorial restrictions. Information provided within our Services at this present time is meant for users in the United States. It is not meant for distribution to or use by any entity in any jurisdiction or country where such distribution or use would be unlawful or against regulations, which would require InquisitHealth to register within such jurisdiction or country. We maintain the right to limit the availability of our Services or any component of our Services, to any person, geographic area, or jurisdiction, at any time.
4. Entire Agreement. These Terms, including those incorporated by reference, constitute the entire agreement between you and us regarding the use of the Site and Services. Any false or invalid assignment by you without accurate and valid written consent of InquisitHealth will be deemed null and void. InquisitHealth may assign these Terms and Conditions, our Services, or any other rights hereunder, without your consent. You or your company or organization may have a separate written agreement with InquisitHealth that supplements or supersedes all or portions of these Terms of Use; in such case, to the extent there is a conflict or inconsistency between these Terms of Use and such other agreement, the conflicting provision of the agreement will supersede these Terms of Use

© InquisitHealth, Inc.

This Policy was last updated August 15, 2022.

PRIVACY POLICY

INQUISITHEALTH, INC.

This Privacy Policy of InquisitHealth, Inc. (“InquisitHealth,” “us,” “we,” or “our”), is intended to inform you, (hereinafter “Users,” “you,” or “your”) of our policies and practices regarding the collection, use and disclosure of any information you submit via the InquisitHealth website(s), application(s), and/or through our Services (as defined in our posted Terms of Service) (collectively, the “Site” or “Service”), which include but are not limited to our web-based platform, mobile applications, and other technologies or software associated with InquisitHealth. By using our Services, you understand and agree that we, InquisitHealth, are providing a platform through which you can share content, discussion, and other materials.

ACCEPTANCE. By clicking “I accept” within any Site or App, by downloading our App, and/or by using any of our Services, or by submitting any personal information through our Sites or Services, you agree that you have read, understand and accept all of the terms and conditions contained in this Privacy Policy and our Terms of Service incorporated herein by reference (“Terms”) . YOU EXPRESSLY CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION ACCORDING TO THIS PRIVACY POLICY. Capitalized terms used herein shall be as defined in the Terms of Service.

SITE ACCESS. Access to the Site will be obtained through the processes as explained further in the Terms.
PERSONAL INFORMATION. We collect and use certain personally identifiable information (“Personal Infromation”) to provide Services to our Users and to facilitate communication between you and us. This information will be provided through modes that include but are not limited to registrations, surveys, phone calls, and online/SMS chat sessions. In addition, InquisitHealth uses Personal Information as needed, for research, maintenance, and operation of the Site. When you register for our Services you may voluntarily submit Personal Information with regard to demographics (including but not limited to gender, age, location), clinical information (including but not limited to illness, diagnosis, and treatment), personal preferences, contact information (including but not limited to phone number and email address), and availability. Upon confirmation of this information, you will receive a username and password. Not all information that you provide will be required in order for you to log into the web-based platform. You have the right to “opt-out” of our use of your Personal Information. Please understand that if you opt-out of providing your Personal Information, you will not be able to participate in our Services as a User.
HOW WE WILL USE YOUR INFORMATION. In addition to the specific uses of information we have explained in the previous clauses, we may use your information that we receive for the following purposes: help you efficiently access your user account; remember information so you do not have to re-enter it every time you use our Services; send tailored or personalized content to you and others; improve, test, and monitor our Services’ efficacy; build and test new products and features; monitor information like total number of visits, Internet traffic, and demographics; troubleshoot; enact automatic updates; communicate with you and provide services, content and tools to you; offer you products and services that might be of interest; and in other way permitted by applicable laws.
We may contact you via email to verify your email address; share activity updates; disclose any changes or updates to the Site, our Terms, or Privacy Policy; troubleshoot; collect feedback from you. You have the right to opt out of email communications at any time.

We may contact you via SMS/text message to verify your phone number; share activity updates; disclose any changes or updates to the Site, our Terms and Conditions, or Privacy Policy; troubleshoot; collect feedback from you. You have the right to opt out of SMS/text message communications at any time.
UPDATING AND REMOVING PERSONAL INFORMATION. After creating an Account (as explained in the Terms and Conditions), Users will be able to access their Account and modify certain Personal Information at any time. Any changes made will be reflected in your Account, but you may not delete the previously entered information from our internal systems.
DISCLOSURE OF PERSONAL INFORMATION. Except as otherwise stated in this Privacy Policy, we do not trade, rent, or share your Personal Information with third parties unless you ask us to do so. We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on InquisitHealth; (b) if we have reason to believe that a User is likely to cause bodily harm to him or herself or others; or (c) to protect and defend the rights or property of InquisitHealth or third parties. We may share your information with third parties with whom we partner to help us provide products and services to you (such as Peer Advisors, health plans, providers, clinicians, community organizations, or other business associates, who have a need to know to help us provide services). For example, without limitation, if you are registered in our Services as a “Patient” or “Mentee” or similar or replacement nomenclature, we may share your information with an actual or potential “Mentor” or “Peer” or or similar or replacement nomenclature, and vice versa, and they may contact you. We may also share collective demographic information and other de-identified information to entities who may be interested in using, learning about, or licensing our Services. No identifying information will be shared with these entities; we will only share de-identified and anonymized information that reflects the types of persons who are using our Services and purposes for using our Services. We may share aggregated, non-personally identifiable information, publicly and with our partners like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our websites and/or other products or services. We reserve the right to provide your personal information and Usage Data to any affiliated entities we may have, including our subsidiaries. Affiliated entities are entities that we control or that control us. We may also access, keep, and share information for purposes of detecting and preventing fraudulent and illegal activity, to protect ourselves, you, and others, and to prevent imminent harm (InquisitHealth does not agree to any obligation to do so). Many of our Services let you share information with others. Remember that when you share information publicly, others besides us have access to it, and it may be indexable by search engines, or copied, forwarded, saved or archived by others. In some cases, we may also share information from tools like Cookies, log files, device identifiers, and location data, with third-party organizations that work with us to provide Services to you – these entities are called “Service Providers”. Service Providers will receive access to your information when deemed necessary, within reasonable and confidential terms, to effectively provide Services. We also reserve the right to collect and/or use certain data to provide and/or target advertising, and share certain information, as permitted by law, with third party advertisers, advertising agencies, and technology providers who facilitate the advertisung process. We may use ad networks or other partners to customize and display advertising on our Services. We may share certain information about you as a user (such as age, zip code or other information we have collected or received) with certain ad network and service providers to help them deliver more relevant content and advertisements through their networks. We may from time to time work with other companies for certain services such as analytics or advertising, and you may be subject to their privacy policies as well, though you may opt out through them directly or contact us with questions. We may also share your information in other ways to the extent permitted by applicable laws.
In some cases the InquisitHealth performs its services as a Business Associate of Covered Entities under the Health Insurance Portability Accountability Act of 1996 (HIPAA) (or vice versa). In those instances the terms of related Business Associate Agreements may also apply to our (and/or their) use and disclosure of data.
SECURITY. InquisitHealth is committed to attempting to protect the security of your Personal Information. We have a designated Chief Privacy Officer and we use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. We also take reasonable steps (such as requiring a unique password) to confirm your identity before allowing access to your account). Even though we have taken significant steps to ensure that your Personal Information is not intercepted, accessed, used, or disclosed by unauthorized persons, we cannot fully eliminate security risks associated with Personal Information. Although we have established safeguards to help prevent unauthorized access to or misuse of your information, we cannot guarantee that your information will never be disclosed in a manner inconsistent with this Privacy Policy (for example, as a result of unauthorized acts by third parties that violate applicable law or our and our affiliated providers' policies). Following the termination or deactivation of your account on our web-based platform and/or mobile application, InquisitHealth may retain information and content for backup, archival, and audit purposes. If you choose to delete or terminate your account on the Service, or opt- out at any time, certain information may be retained within our Services as specified in our Terms and Conditions.
CHILDREN'S PRIVACY. InquisitHealth does not knowingly collect or solicit information from anyone under the age of 13 for use within our Services without consent.
DATA COLLECTED VIA TECHNOLOGY. As you navigate the Site, certain information may also be collected passively, including your Internet protocol address, browser type, domain names, access times, “clickstream” data, log file information, download history, device information, Internet Protocol (“IP”) address, and operating system. We also may use cookies, flash cookies, local shared objects, web beacons, pixels, single pixel GIFs, clear GIFs, and/or other technologies (“Cookies”) and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the information and services for which you searched and which you viewed, along with your information to enhance and personalize your experience and gather information that helps us optimize our Services. This type of information is collected to make our Services and the Site more useful to you. Regarding collection and use of general information, you may be able to disable or manage the use of certain Cookies on whatever device you access the Internet on using controls in your Internet browser. However, you cannot opt-out of the uses of general information otherwise disclosed in this Privacy Policy. Despite the safeguards that we put into effect to protect your information, you assume the risk of data being intercepted or compromised while it is transferred to our servers or before it is transferred to our servers. You agree that we are not to be held responsible for data breaches that happen before data reaches our servers.
We may also collect, monitor, gain access to, and store “device identifiers” either on your device or remotely. Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by our mobile applications. A device identifier may be used to send personalized content. Some parts of our Services may not operate properly if use or availability of these Device Identifiers becomes faulty or disabled.

We use third-party analytics tools to assist us in measuring usage trends and user traffic for our Services. These tools are meant to gather information and data sent by your device or our Services. This information and data include but are not limited to: persons with whom you are communicating, the subject of information being transmitted, relationship support you may be receiving, and any other insights that could help in improving our Services, making it more widely available to other persons or entities who could reap their benefits, or helping other persons or entities decide to enter into a license agreement to use our Services. We will never share individualized, identifiable medical information with third parties, except as permitted herein and by applicable laws.
CALL RECORDINGS. Your calls may be recorded for quality, training, safety and research purposes. By utilizing our Site and Services you agree to your calls being recorded for these purposes. If you do not agree to your calls being recorded, then you do not have permission to utilize our Site and Services.
RESEARCH. InquisitHealth reserves the right to utilize your Personal Information and other information gathered by us regarding your use of the Site in de-identified or aggregate form for research, analysis, and studies conducted by us regarding the Services.
ACQUISITION AND INFORMATION RIGHTS. If we or our assets are acquired by another company, that company will possess the Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.
OTHER SITES. Our Sites and Services may contain links to other third-party websites, apps and services of interest. Our provision of links to any other website, apps, services, or location is for your convenience and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for these outside websites, services, apps or their content or whether and how they protect your data. Please be aware that the terms of our Privacy Policy do not apply to these outside websites. You should look for and review the privacy statements of each and every website that you visit through a link on our Site.
YOUR CALIFORNIA PRIVACY RIGHTS - California Consumer Privacy Act (CCPA). For California residents: We may share your personal information with third parties and affiliated third parties (such as local, state and regional affiliates and affiliate alliances), but they do not share your name for their direct marketing purposes. As these third parties and this category of affiliated third parties are considered an unaffiliated party under California law, you may opt-out of our disclosure of personal information to third parties for their direct marketing purposes. To opt out, please contact us as described in the “How to Contact Us” Section below.
We will continue to provide your information to local, state and regional affiliates and affiliate alliances identified in your membership application or account for the purpose of processing your membership in such affiliate and affiliate alliance programs.

The California Consumer Privacy Act (CCPA), effective January 1, 2020, gives California consumers enhanced rights with respect to their personal information that is collected by businesses. First, California consumers may opt out of having their personal information sold to other persons or parties. Second, they have a right to know:
1. What specific pieces of information a business has about the consumer;
2. Categories of personal information it has collected about the consumer;
3. Categories of sources from which the personal information is collected;
4. Categories of personal information that the business sold or disclosed for a business purpose about the consumer;
5. Categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
6. The business or commercial purpose for collecting or selling personal information.
In addition, California consumers can request that the personal information a business has collected about them be deleted from the business's systems and records.

Company may be considered a covered business under the CCPA as it collects and processes the personal information of California consumers. This Privacy Policy provides the required notices to California consumers. The CCPA also prohibits covered businesses from providing discriminatory treatment to California consumers if they exercise their rights under the Act.

We do not rent or sell your personally identifiable information (such as name, address, telephone number and credit card information) to unaffiliated third parties for their marketing purposes. We may share your information with third parties to provide products and services you have requested, when we have your consent, or as described in this Privacy Policy.

To make a “request to know” or request to delete your personal information, send us an e-mail at hello@inquisithealth.com (Please put either “Request to Know” or “Request to Delete” in the subject heading of your email.) We will use commercially reasonable efforts to honor these requests whether or not you would qualify as a California consumer under the CCPA.

If and to the extent we are considered a covered business under the CCPA: We will confirm receipt of your request within 10 days along with a description of what steps we will take to verify and respond. We must provide the requested information or delete your personal information within 45 days of receipt of your request but can use an additional 45 days, but we must let you know the additional time is needed.

When contacting us, we may ask you to provide certain, limited personal information, such as your name, email address and/or account login ID and/or password, to verify your request and to match with our records and systems. This is also to protect against fraud. We will not retain this personal information or use it for any other purpose. Also please be advised that we need to search our records and systems only for the preceding 12 months.

Residents of other states may also have similar rights to request information about or delete their personal information. To inquire about exercising these rights, please contact us at hello@inquisithealth.com.

Pursuant to California's “Shine The Light law (California Civil Code § 1798.983), California residents are entitled, once a year and free of charge, to request the disclosure of certain categories of personal information to third parties for their own direct marketing purposes in the preceding calendar year, if any. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt out of this type of sharing. You may request this information by contacting us at hello@inquisithealth.com and indicate in the email subject line, “California Shine The Light Request.” Please include your mailing address, state of residence and email address with your request.
Your rights as a visitor from the European Economic area (EEA) If you are a European resident, our legal basis for collecting and using your personal data or information is to do so with your consent; where we need the personal data or information for performance of a contract, or where the collection and use is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect the personal information in question. If we collected your personal data or information with your consent, you may withdraw your consent at any time.
You also have the right to:
- Access your personal data or information;
- Delete, or request deletion of, your personal data or information;
- Object to or restrict processing of your personal information;
- Request portability of your personal information;
- Complain to your local data protection authority at any time;
- Object to automated decision making; and
- Update your personal data or information.
To withdraw consent or exercise these rights, please contact us as described in the “How to Contact Us” Section below.

Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

If we ask you to provide personal data to us to comply with a legal requirement or enter into a contract, we will inform you of this and let you know whether providing us with your personal data is required and if not, the consequences of not sharing your personal data with us.

Similarly, if we collect and use your personal information in reliance on our or a third party's legitimate interests and those interests are not already listed above (see "Information Use" section), we will let you know what those legitimate interests are.

Your personal information may be stored on servers in the United States and may also be stored or processed in other countries by our service providers, if and to the extent compliant with law. You understand and agree that We may collect, use, disclose, and otherwise process the information you provide as described in this Privacy Statement even if you are from an area outside the United States. Your personal information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the United States. We will retain your personal information for as long as it is needed to provide you with the Services, or to fulfill any legal or contractual obligations we may have, or as otherwise permitted herein and by law. If you are a resident of the EEA: Your personal information may be transferred to and processed in the United States, which has data protection laws that are different than those in your country and may not be as protective.
DO NOT TRACK DISCLOSURES (EEA and California). Some web browsers incorporate a "Do Not Track" feature that signals to websites and Services that you visit that you do not want to have your online activity tracked. Each browser communicates "Do Not Track" signals to websites differently, making it unworkable to honor each and every request correctly. In order to alleviate any communication error between browsers and our Services, we do not respond to or honor "Do Not Track" signals at this time. As the technology and communication between browser and website improves, we may elect in our discretion to reevaluate the ability to honor "Do Not Track" signals and may make changes to our policy. You may adjust your browser or operating system settings to limit this tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Services or take full advantage of all of our offerings. Check the “Help” menu of your browser or operating system to learn how to adjust your tracking settings or cookie preferences. To learn more about the use of cookies or other technologies to deliver more relevant advertising and your choices about not having this information used by certain Service Providers (defined below), please click here. On your mobile device, you can adjust your privacy and advertising settings to limit your tracking for advertising or control whether you receive more relevant advertising. Note that our systems may not recognize Do Not Track headers or requests from some or all browsers.
PRIVACY POLICY UPDATES. We reserve the right, in our sole discretion, to revise this Privacy Policy at any time. Please review our Privacy Policy often as your continued use of this Site and our Services after such changes are posted will be deemed to constitute your acceptance of and agreement to the most recent version.

Please contact us at hello@inquisithealth.com with any questions or concerns, or if you believe that your privacy rights have been compromised. Please note that you will be asked to submit Personal Information to include with your comments.

© InquisitHealth, Inc.

This Policy was last updated August 15, 2022.

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