Date of Last Revision: March 1, 2023

INTRODUCTION

JoePatient, LLC d/b/a “JoePatient” (“JoePatient,” “We,” “Us,” or “Our”) provides an online, subscription based service designed to provide patients with information about the health care system (the “Service”), which is made available through Our website located at www.joepatient.com (the “Site”). Your access to and use of the Site, and your registration for, receipt of, and use of the Service, are governed by these Terms and Conditions of Use (the “Terms”). Please read these Terms carefully before accessing or using the Site, or registering for, receiving, or using the Service.

By accessing or using the Site, or registering for, receiving, or using the Service, you acknowledge that you have read and understand, and also agree to, these Terms and Our Privacy Policy, which is incorporated into these Terms by reference. You also acknowledge that you are legally bound by these Terms.

We reserve the right to, and may, at any time and at Our sole discretion, modify or update any aspect of these Terms. We will not have contact information for those who access or use the Site, or receive or use the Service. Any modified or updated Terms are effective upon notification, and your access to or use of the Site, receipt of, or use of the Service thereafter constitutes your acceptance to the modified and/or updated Terms.

If you do not agree to these Terms, please do not access or use the Site, receive, or use the Service. It is your responsibility to regularly review the Terms to determine whether any modifications or updates have been made.

ELIGIBILITY

By accessing or using the Site, receiving, or using the Service, you represent and warrant that you are eighteen (18) years of age or older. If you are under the age of eighteen (18), please do not access or using this Site, or register for, receive, or use the Service.

TERM

These Terms, and any updates or modifications to these Terms, shall remain in full force and effect for so long as JoePatient is providing the Service or access to and use of the Site. You may voluntarily discontinue your access to or use of the Site, receipt of, and use of the Service, at any time. JoePatient may also terminate your access to and use of the Site, receipt of, or use of the Service, at any time and for any reason, at Our sole discretion, including, without limitation, due to your violation of these Terms. If your access to or use of the Site and/or receipt of the Services is discontinued or terminated, your obligations under these Terms will nonetheless remain in effect.

You acknowledge and agree that any such discontinuation or termination may involve the deletion or removal of any material or content provided to Us without warning to you. JoePatient shall not be liable to you in any way whatsoever for any termination or discontinuation of your access to or use of the Site, receipt of, or use of the Service, or the deletion, removal, or loss of any material or content provided to JoePatient. Moreover, JoePatient has no obligation to save your material or content or to make material or content available to you upon the termination or discontinuation of your access to and use of the Site, and/or registration for, receipt of, or use of the Services.

USE OF SITE

You may access and use the Site, receive, and use the Service, solely for your personal, noncommercial use. Subject to and conditioned upon your compliance with these Terms, We grant you a limited, non- exclusive, non-transferable, non-assignable, and non-sublicensable right and license to access and use the Site, receive, and use the Service, as made available by Us, solely for personal, non-commercial purposes. The use of any software or documentation related to the Site or the Service are licensed by us under the same terms as well, and are not sold, transferred, or assigned, to you. Except as expressly authorized by these Terms, you may not use, reproduce, copy, distribute, modify, adapt, transmit, translate, publicly display, sell, rent, lease, loan, or create derivative works of any portion of the Site or the Service without first obtaining the express written permission to do so from an authorized representative of JoePatient.

When accessing or using the Site, receiving, or using the Service, you agree not to and shall not:

• violate any applicable law, regulation, rule, or governmental order;


• violate the rights of another, whether such rights are afforded by law, by contract, in equity, or otherwise, including, without limitation, intellectual property rights, proprietary rights, rights of publicity, and rights of privacy;


• engage in conduct intended to harm another, including, without limitation, spamming, or transmitting software or other content that contains a virus, worm, Trojan horse, defect, or other destructive item;


• defame, harass, stalk, threaten, or otherwise negatively impact the safety or rights of another;


• impersonate another, including, without limitation, through the use of fraudulent, misleading, or inaccurate personal information, contact information, or credit card information;


• upload, transmit, or display on or through the Site or the Service any material or content that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, advocates violence or unlawful activity, or is otherwise reasonably objectionable, that infringes upon or violates the rights of another (whether such rights are afforded by law, by contract, in equity, or otherwise), that is considered confidential or proprietary to another, that is an advertisement, solicitation, or a commercial communication, or that scrapes, harvests, or collects the data available through the Site or the Service or the personal, financial, or contact information of any user of the Site or the Service;


• restrict or inhibit another from accessing or using the Site, or registering for, receiving, or using the Service;


• take any action to damage, disable, overburden, or impair the Site or the Service;


• modify, adapt, translate, distribute, reverse engineer, decompile, or disassemble any portion of the Site or the Service;


• remove any notice of intellectual property rights or proprietary rights, including, without limitation, a copyright notice or a trademark or service mark notice; or


• attempt yourself, or direct, facilitate, or encourage any third party, to do any of the foregoing.

JoePatient reserves the right to terminate your access to and use of the Site, receipt of, and use of the Service, and to remove any material or content provided by you, which JoePatient, in its sole discretion, believes to be in violation of these Terms.

PROPRIETARY RIGHTS AND OWNERSHIP

Of JoePatient

JoePatient and/or its licensor(s) (if any) own the Site and the Service, and all content and portions thereof (including software, technology, and data), and all rights, title, and interests therein and thereto, including, without limitation, all patent rights, copyright rights, trademark rights, service mark rights, trade secrets, and all other intellectual property rights and proprietary rights, and the same belongs exclusively to JoePatient and/or its licensor(s) (if any). Unless otherwise expressly provided for in these Terms, nothing in these Terms transfers or assigns, or should be construed as transferring or assigning, any ownership or aspect of the Site, the Service, or such rights to you or to any third party. Your right to access and use the Site, and register for, receive, and use the Service, are subject to these Terms and the limited license granted to you herein. All rights not expressly granted to you under these Terms are reserved by JoePatient.

Additionally, all trademarks, service marks, trade dress, and other brand indicia of JoePatient is the sole and exclusive property of JoePatient, and you may not copy, imitate, or use any of the foregoing, in whole or in part, without first obtaining the express prior written permission to do so from an authorized representative of JoePatient. You shall not use any name, trademark, service mark, designation, or any other brand indicia which is likely to cause confusion with, or otherwise harms, disparages, or brings into disrepute, JoePatient, the Service, the Site, any rights therein or thereto, or any goodwill associated therewith.

User Content

When accessing or using the Site, receiving, or using the Service, you may provide or submit information, comments, or feedback (collectively, “User Content”) to JoePatient. You hereby transfer and assign to JoePatient such User Content and all rights, title, and interests in and to User Content. As a result, JoePatient may freely use such User Content without restriction, including, without limitation, sharing publicly such User Content on or through the Site and/or the Service.

You acknowledge and agree that you are solely responsible and liable for User Content, and the use, provision, and submission thereof, and JoePatient shall not be responsible or liable in any way therefor. When using, submitting, providing User Content, you shall not include with it any personally identifiable information, including, without limitation, any name, image, or likeness. You represent and warrant that you own User Content, and possess all necessary rights to use, provide, and submit User Content, and that the use, provision, or submission of User Content does not and will not violate any law, regulation, rule, or government order, and that User Content, and the use, provision, and submission thereof, does not and will not infringe upon or violate any rights of another, whether such rights are afforded by law, by contract, in equity, or otherwise, including, without limitation, patent rights, copyright rights, trademark rights, service mark rights, trade secrets, and any other intellectual property rights or proprietary rights.

You acknowledge and agree that JoePatient reserves the right, but is not obligated, to review User Content, and to filter, block, modify, remove, and delete User Content from the Site or the Services at any time and for any reason. We are not and will not be responsible or liable for any of the foregoing conduct or the loss of User Content.

COPYRIGHT POLICY

While JoePatient is not obligated to review User Content for copyright infringement or otherwise, We respect the intellectual property rights of others. The Digital Millennium Copyright Act (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on the Site infringes your copyright rights, you (or your authorized agent) may send Us a notice requesting that such material be removed or access to it be blocked.

The notice must include the following information: (i) a physical or electronic signature of the owner of an exclusive right that is allegedly infringed or of a person authorized to act on his or her behalf; (ii) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Us to locate the material on our Site; (iv) information reasonably sufficient to permit Us to contact the complaining party, such as a name, address, telephone number, and email address; (v) a statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and (v) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (See www.copyright.gov or 17 U.S.C. § 512(c)(3) for more details).

DMCA notices and counter-notices regarding Our Site should be sent to:

JoePatient, LLC
P.O. Box 4820
Louisville, KY 40204
info@joepatient.com

PRIVACY

JoePatient cares about the privacy of its users. For more information about Our privacy practices, please review our Privacy Policy , which is incorporated into these Terms by reference.

COMMUNICATIONS

By contacting us, receiving, or using the Service, you grant us the right to contact you via email regarding JoePatient, the Site, or the Service. To opt out of receiving such email communications, please contact us by mail at P.O. Box 4820, Louisville, Kentucky 40204 or by email at info@joepatient.com.

NOTICE FOR CALIFORNIA USERS

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

DISCLAIMER OF WARRANTIES

EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, THE SITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, CONTENT, AND DATA CONTAINED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. ADDITIONALLY, WE DISCLAIM ANY AND ALL WARRANTIES THAT THE SITE AND THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, AND FREE FROM DEFECTS OR DELAYS. FURTHER WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE INFORMATION OR CONTENT PROVIDED BY OR OBTAINED FROM THIRD PARTIES. NOTE: CERTAIN APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF OURS SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS. ACCESS TO AND USE OF THE SITE, AND REGISTRATION FOR, RECEIPT OF, OR USE OF THE SERVICE IS DONE AT YOUR SOLE RESPONSIBILITY AND SOLE RISK.

NOTHING AVAILABLE ON OR THROUGH THE SITE, THE SERVICE, OR THE CONTENT THEREOF SHALL BE CONISDERED, DEEMED, OR TREATED AS MEDICAL ADVICE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE, OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE FROM OR RELATE IN ANY WAY TO THE SITE, THE SERVICE, THE CONTENT THEREOF, THE DATA AVAILABLE ON OR THROUGH THE SITE OR THE SERVICE, YOUR ACCESS TO OR USE OF THE SITE, YOUR REGISTATION FOR, RECEIPT OF, OR USE OF THE SERVICE, OR OUR PROVISION OF OR FAILURE TO PROVIDE THE SITE OR THE SERVICE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE IN ANY WAY FOR ANY CONDUCT OF USERS OF THE SITE OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, OR UNAUTHORIZED CONDUCT, AND THAT THE RISK OF INJURY THEREFROM RESTS ENTIRELY WITH YOU. FURTHERMORE, WE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR THE USE, PROVISION, OR SUBMISSION OF ANY USER CONTENT.

YOUR SOLE AND EXCLUSIVE REMEDY RELATED TO THE SITE AND/OR THE SERVICE IS TO OBTAIN A REFUND FOR AMOUNTS PAID BY YOU TO JOEPATIENT THEREFOR AND TO STOP YOUR USE OF AND ACCESS TO THE SITE AND YOUR REGISTRATION FOR, RECEIPT OF, AND USE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY JOEPATIENT SHALL HAVE TO YOU FOR ANY CLAIM WHATSOEVER SHALL BE THE ACTUAL AMOUNTS PAID BY YOU TO JOEPATIENT. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to and shall indemnify, defend, and hold harmless JoePatient and its and its directors, officers, shareholders, employees, contractors, agents, representatives, and affiliates from and against any and all losses, damages, liabilities, fees (including reasonable attorneys’ fees), fines, penalties, costs (including court costs), and expenses that arise from a claim, cause of action, proceeding, lawsuit, or action related, whether directly or indirectly, to: (i) your access to and use of the Site or your registration for, receipt of, or use of the Service in violation of these Terms; (ii) any act or omission made through your user account; (iii) a breach by you of any representation or warranty made herein; (iv) the use, provision, or submission of User Content (including, without limitation, in a manner that violates or infringes upon the rights of another, whether such rights are afforded by law, by contract, in equity, or otherwise); or (v) your violation of any applicable law, regulation, rule, or governmental order.

GOVERNING LAW, JURISDICTION, VENUE

These Terms, any subsequent amendment or modification thereto, your access to and use of the Site, and your registration for, receipt of, and use of the Service, shall be governed by and construed and interpreted in accordance with the laws of the Commonwealth of Kentucky, without regard to its or any other jurisdiction’s conflicts of law rules or principles. Any claim, cause of action, legal proceeding, or lawsuit about, involving, or arising from these Terms shall be brought in the appropriate state or federal courts located in Louisville, Kentucky. You hereby consent to the exclusive jurisdiction of such courts, and any appellate courts thereof, and expressly disclaim and waive any objection thereto based on lack of personal jurisdiction, improper venue, or inconvenient forum. Any cause of action by you with respect to the Site or the Service must be instituted within one (1) year after the cause of action accrued, or the same shall be forever waived and barred.

REMEDIES

Any breach of these Terms by you may result in immediate and irreparable injury to JoePatient and its directors, officers, shareholders, employees, contractors, agents, representatives, and affiliates (the “Non-Breaching Parties”) in an amount that is difficult to ascertain. Therefore, in the event of a breach or threatened breach of these Terms by you, or in anticipation of a breach of these Terms by you, the any of the Non-Breaching Parties shall be entitled to proceed directly to court to obtain the remedies of specific performance or injunctive relief without the necessity of posting a bond or assuming any other undertakings therewith. The right to seek specific performance and injunctive relief is in addition to all other remedies that may otherwise be available to the Non-Breaching Parties at law, in equity, or otherwise. All of the Non-Breaching Parties’ remedies for any breach of these Terms shall be cumulative, and the pursuit of one remedy shall not be deemed to exclude any other remedies. Moreover, if any claim, cause of action, action, legal proceeding, or lawsuit, whether at law, in equity, or otherwise, is brought by one or more of the Non-Breaching Parties to enforce or interpret or otherwise under these Terms, such Non-Breaching Parties shall be entitled to the recovery of reasonable attorneys’ fees and court costs incurred as a result thereof.

MISCELLANEOUS

These Terms constitute the entire agreement between you and JoePatient regarding the subject matter herein, and they supersede any prior or contemporaneous oral or written agreements between you and JoePatient related to such subject matter. You may not amend or modify these Terms. The Terms and the enforceability thereof shall survive the expiration or termination of these Terms.

Should any part, term, or provision of these Terms be declared or determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the validity of the remaining parts, terms, or provisions shall not be affected thereby and any illegal, invalid, or unenforceable part, term, or provision shall be deemed not to be a part of these Terms. In such event, each party agrees that the court may impose any lesser restrictions it considers appropriate to most closely align with the original intent of such severed part, term, or provision.

No waiver by JoePatient of any breach of these Terms shall be effective unless in writing, and no such waiver by JoePatient shall be deemed a waiver of any other breach of these Terms, of any other obligation, term, condition, or of provision of these Terms, or any claim to which We are entitled under the these Terms. Similarly, a delay or failure by JoePatient to raise a claim to which it is entitled under these Terms shall not be deemed a waiver of any other claim entitled to Us, of any breach of these Terms, or of any other right, part, term, or provision of these Terms.

You may not transfer, assign, or sub-license your rights or delegate your obligations under these Terms without first obtaining the express prior written permission to do so from an authorized representative of JoePatient. However, nothing in these Terms of Use shall prevent Us from transferring, assigning, or sub-licensing Our rights or delegating Our obligations under these Terms without restriction.

Any heading, caption, or section title contained in these Terms has been included for convenience only, and in no way limits or defines the scope of these Terms, and shall have no legal effect.

These Terms are binding upon and shall inure to the benefit of each party hereto, and each of their respective successors, heirs, and assigns (as may be applicable and permitted herein).

NOTICES

Any notice to, demand of, request for, or consent of JoePatient required or permitted under these Terms shall be in writing and shall be given or made by certified mail, return receipt requested, or via express courier to:

JoePatient, LLC
P.O. Box 4820
Louisville, KY 40204