1. BINDING ARBITRATION
These Terms of Use provide that all disputes between you and Platform Provider will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR. Your claims cannot be brought as a class action. Please see the Section below entitled Dispute Resolution; Arbitration Agreement for more information.

2. PRIVACY PRACTICES
You agree that the personal information that we collect, use, and otherwise process in connection with the Platform will be processed in accordance with our Privacy Policy, available at https://www.DrOwl.com/privacy-policy/. Please note that your use of the mobile app is also subject to the Fairmont Pharmacy privacy policy in relation to the Fairmont Pharmacy Services, located at [5068 N. Central Avenue Phoenix, AZ 85012]Please contact Fairmont Pharmacy if you have any questions about their privacy policy.

3.  SERVICES PROVIDED – NO MEDICAL CARE OR ADVICE BY APP PROVIDER

• Platform Provider summarizes and displays your medical record to you and authorized individuals. You acknowledge and agree that the results of the Platform is not a complete medical record, but an abbreviated version. Platform Provider is under no duty to maintain or review your record to ensure its accuracy and completeness. If you have a question about your medical record, you must contact your medical Provider(s).
• Platform Provider does not provide medical advice or care. The content of the Platform is for general informational purposes only. This includes, without limitation, text, audio, video, links, graphics and AI Products (as defined below). It does not constitute professional medical advice, diagnosis, or recommendations of any kind. Any content displayed or linked on the Platform is provided at the direction of third parties, not Platform Provider. You should seek the advice of a qualified health care professional with any questions or concerns. No information provided by Platform Provider is intended to create a provider-patient relationship under state or federal law. While Platform Provider allows you to share data with others, allows others to share data with you, and allows communication within the app, Platform Provider is not responsible for the content of your communications. You are responsible for the information you share with other users or people and it is your choice who you choose to share information with or communicate with in the app.
• You can access the Fairmont Pharmacy Services through the Platform that allow you to communicate with Fairmont Pharmacy. These features are provided by Fairmont Pharmacy and their use may be governed by different or additional terms presented to you as part of the transaction process. Please note that when you message the Fairmont Pharmacy you will agree to the Platform Provider sharing your name with them. Also Fairmont Pharmacy is responsible for responding to your messages and/or fulfilling related transactions and refilling medications.
  4.  NOT FOR EMERGENCIES
  • IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
  • Platform Provider’s Platform is not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything on the Platform. If you believe you have an emergency, call 9- 1-1 immediately.
  • You should seek emergency help or follow up care when recommended or needed. You should continue to consult with your primary provider as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition. This includes before stopping, starting, or modifying any treatment or medication.

  5.   AVAILABILITY OF PLATFORM

  • Platform Provider operates subject to state and federal regulations. As such, the Platform may not be available in your state. You represent that you are not barred from receiving the Platform under the laws of the United States, or other applicable jurisdictions. Access to and use of the Platform is limited to users located within the United States where the Platform is available. The Platform is not available to users located outside the United States. Accessing the Platform from jurisdictions where content is illegal, or where we do not offer the Platform, is prohibited.
  • The Platform is available to individuals of all ages. Please note, individuals under the age of 18 must first obtain permission from a parent or guardian prior to the use the Platform.

  6.    ELIGIBILITY; PLATFORM ACCESS, SECURITY AND RESTRICTIONS; PASSWORDS

  • You agree to fully, accurately, and truthfully create your Platform Provider Account (“Account”). This includes, but is not limited to, your name, mailing address, phone number, email address, and password. These will become your Platform Provider ID and credentials. The Platform Provider ID and credentials are personal to you. You are responsible for the confidentiality of your ID or credentials, and for all activities that occur under such. You agree to prohibit anyone else from using your Platform Provider ID or credentials. You agree to immediately notify Platform Provider of any actual or suspected unauthorized use of your Account, or other security concerns. Your access to the Platform may be revoked by Platform Provider at any time with or without cause.
  • You are prohibited from violating or attempting to violate the security of the Platform. This includes, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
  • You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Platform. Violations of system or network security may result in civil or criminal liability. Platform Provider may investigate occurrences that may involve such violations. It may involve, and cooperate with, law enforcement authorities in prosecuting violating users. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform.

  7. ELECTRONIC COMMUNICATIONS. When you use the Platform, you are communicating with us electronically. This includes, without limitation, sending communications from your desktop or mobile device. You consent to receive communications from us electronically. You agree that all agreements and consents can be signed electronically. You agree all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices. Platform Provider may contact you by telephone, mail, or email to verify your Account information. Platform Provider may request further information from you. You agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Platform until you provide the information to us as requested.

  8.    CONSENT TO RECEIVE CALLS AND TEXT MESSAGES; VIDEO RECORDING

  • By providing your mobile number, you expressly consent and agree that we may contact you using written, electronic, and/or verbal means, including by manual dialing, leaving prerecorded/artificial voice messages, and/or using an automatic telephone dialing system to call or send recurring SMS/text messages to your phone number as necessary to (i) help keep your user account secure through the use of two-factor authentication;(ii) help you access your user account when you’ve forgotten your password; and (iii) as otherwise necessary to service your user account, complete transactions requested by you, or enforce these Terms, our policies, or applicable law, even if the provided phone number is registered on any federal or state Do-Not-Call registry. For purposes of clarity, the communications described in this paragraph are transactional in nature, and not promotional.
  • We may offer you the chance to enroll to receive recurring SMS/text messages from us about account-related news and alerts and/or marketing and promotional offers for DrOwl products and services (collectively, “Promotional Text Messages”). By enrolling, you agree to receive recurring Promotional Text Messages from us to the phone number you provide and that such Promotional Text Messages may be sent using an automatic telephone dialing system.
  • You may opt-out from receiving SMS/text messages from us at any time. To unsubscribe, text STOP, QUIT, END, CANCEL, or UNSUBSCRIBE or reply STOP, QUIT, END, CANCEL, or UNSUBSCRIBE to any SMS/text messages you receive from us. You consent that following such a request to unsubscribe, you may receive one final text message from us confirming your request. For help, contact us at help@DrOwl.com.
    You certify that any phone number(s) you provide to us are true and accurate and that you are authorized to enroll such phone number(s) to receive calls and/or SMS/text messages as described herein. Message and data rates apply. Consent is not required as a condition of purchase. We are not responsible for any delays upon sending or receiving text messages.
  • Platform Provider may record (audio and video) all or part of your interaction with us (“Recordings”). Such Recordings are used for quality assurance purpose. Platform Provider will keep such Recordings confidential. We will not publicly display such recordings unless legally required to do so. By accessing and using the Platform, you agree and consent to such Recordings. The purposes and uses are set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.

  9.    OWNERSHIP OF THE PLATFORM AND RELATED MATERIALS; ADDITIONAL RESTRICTIONS

  • All pages within the Platform and any material for download are the property of Platform Provider, or its licensors or suppliers, as applicable. The Platform is protected by United States and international copyright and trademark laws.
  • Subject to these Terms of Use and the payment of all applicable fees, Platform Provider grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the Platform. All rights not expressly granted to you in these Terms of Use are reserved and retained by Platform Provider or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Platform, nor any part of the Platform, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Platform Provider. You may not frame or utilize framing techniques to enclose any of Platform Provider’s proprietary information without express written consent. This includes images, text, page layout, or You may not use any meta tags or any other “hidden text” utilizing Platform Provider’s name or trademarks without the express written consent of Platform Provider. You may not misuse the Platform. You may use the Platform only as permitted by law. The content of the Platform, and any materials made available for use or download through the Platform may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Platform Provider. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Platform Provider without our express written consent.

  10. APP PROVIDER’S SERVICES

  • In order to access the Platform, you represent and warrant that you are 18 years of age or older, or have obtained the required permission(s). Please do not provide any personal information about yourself to us, unless we have received prior verifiable consent from a parent or guardian. If we learn that we have collected personal information from someone under the age of 18 without appropriate permission, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18 without prior verifiable consent from a parent or guardian, please contact us at help@DrOwl.com or call us at (505) 348-8700.
  • Notwithstanding the above, Platform Provider does not knowingly collect or solicit any information from anyone under the age of 13 without receiving prior verifiable consent from a parent or guardian. In the event that we learn that we have inadvertently collected personal information from a child under the age of 13 without prior verifiable consent from a parent or guardian, we will delete that information immediately. If you believe that we might have any information from a child under the age of 13 without prior verifiable consent from a parent or guardian, please contact us at privacy@DrOwl.com.

  11. AI PRODUCTS

  • Subject to your compliance with these Terms of Use, you may use your output of the AI Products (“Output”) for any lawful purpose (except as described below), on a royalty-free basis, provided that you acknowledge and agree: (i) that your use of the AI Products and the Output does not transfer to you ownership of any intellectual property rights in the Platform and that (ii) Platform Provider may, by notice to you at any time, limit your use of the Output or require you to cease using them (and delete any copies of them) if Platform Provider forms the view, in its sole and absolute discretion, that your use of the Output may infringe the rights of any third party. You shall not represent that Output was human-generated or use the Output to train your own machine learning models.
  • DUE TO THE NATURE OF MACHINE LEARNING, THE OUTPUT MAY NOT BE UNIQUE ACROSS USERS AND THE AI PRODUCTS MAY GENERATE THE SAME OR SIMILAR OUTPUT FOR OTHER USERS. USE OF AI PRODUCTS MAY RESULT IN INCORRECT OUTPUT THAT DOES NOT ACCURATELY REFLECT REALITY. YOU MUST EVALUATE THE ACCURACY OF ANY OUTPUT AS APPROPRIATE FOR YOUR USE CASE, INCLUDING BY USING HUMAN REVIEW OF THE YOU UNDERSTAND AND AGREE THAT THE OUTPUT MAY CONTAIN “HALLUCINATIONS” AND MAY BE INACCURATE, OBJECTIONABLE, INAPPROPRIATE, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU AGREE THAT THE OUTPUT IS PROVIDED “AS IS” AND APP PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY THIRD PARTY ALLEGES TO INCUR AS A RESULT OF OR RELATING TO ANY OUTPUT OR OTHER CONTENT GENERATED BY OR ACCESSED ON OR THROUGH AI PRODUCTS.

  12. ACCURACY OF INFORMATION; FUNCTIONALITY

  • Platform Provider attempts to ensure the integrity and accurateness of the Platform descriptions. It makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform, Platform descriptions and other content on the Platform. It is possible that the Platform could include errors, and that unauthorized alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform Platform Provider so that it can be corrected. Information contained on the Platform may be changed or updated without notice. Platform Provider shall have no responsibility or liability for information or content linked, posted to, or otherwise made available through the Platform from any non-Platform Provider affiliated third party. This includes any content from third party applications, or other sources made available.
  • Platform Provider reserves complete and sole discretion on the operation of the Platform. We may withdraw, suspend, or discontinue any functionality or feature of the Platform among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Platform. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Platform. We will act in accordance with our internal record retention or destruction policies.

  13. ADVERTISING; LINKS TO OTHER SITES.

  • In consideration for our granting you access to and use of the Platform, you agree that we and our third-party providers and partners may place advertising on the Platform or in connection with the provision of User Information or other information to the Platform, whether provided by you or others.
  • Platform Provider makes no representations whatsoever about any other website that you may access through the Platform. When you access a non- Platform Provider site, please understand that it is independent from Platform Provider. Platform Provider has no control over the content on that website. A link to or advertisement from a non-Platform Provider website does not mean that Platform Provider endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to ensure that whatever you use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to the Platform, you do so at your own risk.

  14. USER INFORMATION

  • If you submit, upload, post, or transmit data, materials, content, or information, including, but not limited to, any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or the Platform (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful You agree not to contact other Platform users through unsolicited communication. You represent and warrant to Platform Provider that you have the legal right and authorization to provide all User Information.
  • As between us and you, you will own all User Information. By submitting, posting, displaying, providing, or otherwise making available any User Information on or through the Platform, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non- exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, syndicate, publicly perform, publicly display, and make derivative works of all such User Information and your name, voice, or likeness as contained in your User Information, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Platform and our (and our successors’ affiliates’) business, including without limitation for promoting and distributing parts or all of the Platform (and derivative works thereof), or for analytics, research, or other purposes, including, without limitation, to provide directed advertising on the Platform regarding certain clinical trials that may be of interest to you.
  • Platform Provider may de-identify your As such it may no longer be protected health information or personally identifiable information (each, as applicable). Platform Provider may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes, including, without limitation, to provide directed advertising regarding certain clinical trials that may be of interest to you.
  • Notwithstanding the above, Platform Provider and its affiliates do not sell any information related to the use of the Platform Provider screening or check in tool. This information is only shared with entities that you choose and any public health agency that requires disclosure.
  • You agree not to: (i) access the Platform in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any User Information which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Platform, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Platform; (v) use robots or scripts with the Platform; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by the Platform; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Platform Provider; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Platform; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties. You agree to defend, indemnify, and hold harmless Platform Provider from and against all third-party claims. This includes damages, and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Platform or any breach of these Terms of Use.

  15. CLAIMS OF COPYRIGHT INFRINGEMENT

  • We disclaim any responsibility or liability for copyrighted materials posted on the Platform. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
  • Platform Provider respects the intellectual property rights of others. It expects its users to do the In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement. Please report to Platform Provider’s Designated Copyright Agent, as identified below.
  • Notices of Alleged Infringement for Content Made Available on the Platform
    • • If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Platform by sending us a notice (“Copyright Notice”) complying with the following requirements.
      • Identify the copyrighted works that you claim have been infringed.
      • Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at minimum, if applicable, the URL of the link shown on the Platform where such material may be found.
      • Provide your mailing address, telephone number, and, if available, email address.
      • Include both of the following statements in the body of the Copyright Notice:
        1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
        2. “I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
      • Provide your full legal name and your electronic or physical signature.
      • Deliver this Copyright Notice, with all items completed, to our Copyright Agent:
    DrOwl Health Technologies, LLC c/o Becky Raichur
    8226 Menaul Blvd NE #646
    Albuquerque, NM 87110
    Telephone: (505)-348-8700
    Email: copyrights@DrOwl.com

    16. INTELLECTUAL PROPERTY

    • With the exception of your electronic medical record, Platform Provider retains all right, title, and interest in and to the Platform and any information, products, documentation, software, or other materials on the Platform, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Platform licensed by Platform Provider. The information available through the Platform is the property of Platform Provider. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to Use, reproduction, copying, or redistribution of Platform Provider trademarks, service marks, and logos are strictly prohibited without the prior written permission of Platform Provider. The immediate foregoing sentence also applies to any third-party trademarks, service marks, and logos posted on the Platform. Nothing contained on the Platform should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Platform without the written grant thereof by Platform Provider or the third-party owner of such trademarks, service marks, or logos. The Platform may contain other proprietary notices and copyright information, the terms of which you agree to follow.
    • Platform Provider may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

    17. CAN-SPAM ACT AND TELEPHONE CONSUMER PROTECTION ACT COMPLIANCE

    • Platform Provider is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth above. Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the In the event you receive a communication from us which you do not believe is fully compliant, please contact us.
    • You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit Platform Provider products or services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not: (a) infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); (b) propagate computer worms or viruses; (c) use a false identity; (d) attempt to gain unauthorized entry to any site or network; or (e) infringe copyrights, trademarks, or other intellectual property rights.
    • You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold Platform Provider and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Platform Provider and its affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against Platform Provider or any of its affiliates by anyone arising out of any alleged violation of any anti- spamming rules, regulations, laws, statutes. Your Account will be terminated for any of the above infractions.

    18. DISCLAIMER OF WARRANTIES

    • APP PROVIDER DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. APP PROVIDER DOES NOT WARRANT THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY PLATFORM- RELATED SERVICE, IS PROVIDED “AS ” THIS IS WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THIS IS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. APP PROVIDER DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.
    • YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, AND LINKED WEBSITES. APP PROVIDER DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
    • WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY APP PROVIDER ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY APP PROVIDER OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. APP PROVIDER DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU.
    • APP PROVIDER MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, (INCLUDING THE SELECT THIRD PARTIES). ACCORDINGLY, APP PROVIDER IS NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER THIRD PARTY MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE THIRD PARTIES FEATURED ON THE PLATFORM. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK.

    19. LIMITATION OF LIABILITY REGARDING USE OF PLATFORM. EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION, APP PROVIDER AND ANY THIRD PARTIES MENTIONED ON THE PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM- RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, OR LINKED WEBSITES IS TO STOP USING THE PLATFORM OR THOSE TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF APP PROVIDER TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

    20. NO THIRD-PARTY RIGHTS. Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you and Platform Provider, and their affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons (including the Select Third Parties) to you, Platform Provider, and its affiliates, nor shall any provision give any third parties (including the Select Third Parties) any right of subrogation or action over against you, Platform Provider, and its affiliates.

    21. ASSIGNMENT. You may not assign, transfer, or delegate the Terms of Use or any part thereof without Platform Provider’s prior written consent. Platform Provider may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

    22. DISPUTE RESOLUTION; ARBITRATION AGREEMENT

    • We will try to work in good faith to resolve any issue you have with the Platform. This includes Services ordered or purchased through the Platform, if you bring that issue to our attention. We realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
    • You and Platform Provider agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Platform, including without limitation, Services ordered or purchased through the Platform, shall be determined by binding Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury. It is subject to very limited review by courts. Arbitration allows for more limited discovery than in court. We agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award. In so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Platform Provider are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Platform Provider.
    • If you desire to assert a claim against Platform Provider, you must first send to Platform Provider, by certified mail, a written notice of your claim (“Notice”). The Notice to Platform Provider should be addressed to: DrOwl Health Technologies Center, LLC, Attn: Legal, 8226 Menaul Blvd NE #646, Albuquerque, NM 87110 (“Notice Address”). If Platform Provider desires to assert a claim against you, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Platform Provider, must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand”). If Platform Provider and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Platform Provider may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Platform Provider or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Platform Provider receives notice at the Notice Address that you have commenced arbitration, it will reimburse you for your payment of the filing fee, unless your claim is for more than US $2,000.
    • The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at adr.org, by calling the AAA at 1-800- 778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide. This includes, but is not limited to, issues relating to the scope and enforceability of these Terms of Use, including, including this arbitration agreement. Unless Platform Provider and you agree otherwise, any arbitration hearings will take place in Albuquerque, NM. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including, but not limited to, the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Platform Provider’s last written settlement offer made before an arbitrator was selected (or if Platform Provider did not make a settlement offer before an arbitrator was selected), then Platform Provider will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party will pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
    • YOU AND APP PROVIDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CLAIMS MAY NOT BE BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
      Further, unless both you and Platform Provider agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief. Relief may be only to the extent necessary to provide relief warranted by that party’s individual claim.
    • If the arbitration terms and conditions of these Terms of Use are found to be unenforceable, then (i) the entirety of this arbitration provision shall be null and void. The remaining provisions of these Terms of Use shall remain in full force and effect. Exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Albuquerque, NM.

    23. FORCE MAJEURE. We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

    24. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Platform Provider, and any affiliates, from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Platform or any information posted on the Platform; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Platform Provider, or any Provider or any medical professional or customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Platform or any information on the Platform, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

    25. APPLICATION SUPPORT; FUNCTIONALITY

    • Direct all questions and requests relating to Platform support to Platform Provider. To submit a support request, please email us at help@DrOwl.com or call us at (505) 348-8700.
    • The Select Third Parties, as defined herein are not responsible for providing support may not be contacted for support. Platform Provider will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Platform at any time, without notice.

    26. MODIFIED DEVICES AND OPERATING SYSTEMS. Platform Provider will have no liability for errors, unreliable operation, or other issues resulting from use of the Platform on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Platform on Modified Devices will be at your sole and exclusive risk and liability.

    27. NO LIABILITY FOR SELECT THIRD PARTIES. Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Platform, Fairmont Pharmacy and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to these Terms of Use and they do not own and are not responsible for the Platform. Platform Provider is responsible for addressing any claims raised by you or any third party regarding the Platform or your use. This includes, but is not limited to, claims related to product liability, legal, or regulatory requirements, and consumer protection or similar You are responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions. YOU AGREE: (A) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THESE TERMS OF USE OR THE PLATFORM, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND (C) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE PLATFORM AND THESE TERMS OF USE. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF USE, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS OF USE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE SELECT THIRD PARTIES WITH REGARD
    TO THEIR SUBJECT MATTER. In the event of any claim that the Platform or your possession and use of the Platform infringes a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.

    28.REVISIONS; GENERAL. Platform Provider reserves the sole right to terminate your access to all or part of the Platform, with or without cause, and with or without notice. Platform Provider reserves the sole right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes.
    In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited to the minimum extent necessary. These Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Platform Provider and you pertaining to the subject matter hereof. In its sole discretion, Platform Provider may from time-to-time revise these Terms of Use by updating this posting. You should periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms within the Platform. For purposes of these Terms of Use, (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and
    (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms of Use as a whole.

    29. COPYRIGHT/TRADEMARK INFORMATION. Copyright ©2022 DrOwl Health Technologies, LLC. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

    30. HOW TO CONTACT US:

    DrOwl Health Technologies, LLC
    8226 Menaul Blvd NE #646,
    Albuquerque, NM 87110
    Telephone: (505) 348-8700
    Email: help@DrOwl.com