These Mobile Application Terms of Use (these "Terms") create a binding agreement between you, the person using the Cares Mobile Application for iOS and Android (including all documentation, the "Application"), and us, and govern your use of the Application. Terms such as "we", "our," "us," and "Company" refer to MedHOK, Inc. ("MHK") and its affiliate entities. Any references to "you" or "your" in these Terms will mean the person using the Application. If you are helping another person use our Application, these Terms constitute a legally binding agreement between you, the person being helped, and us, and "you" or "your" shall also include the person being helped.

BY CLICKING THE "ACCEPT" BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER, AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, (I) DO NOT DOWNLOAD OR USE THE APPLICATION AND (II) DELETE THE APPLICATION FROM YOUR MOBILE DEVICE.

THESE TERMS CONTAIN A PROVISION THAT GENERALLY LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE SEE CLAUSE 20 FOR INFORMATION.

By using our Application, you agree to the most recent Terms as well as the most recent version of our Privacy Policy. We may change these Terms at any time, and such changes will be posted on this or a similar page of the Application. It is your responsibility to review these Terms and our Privacy Policy each time you use our Application. By continuing to use the Application, you consent to any changes to these Terms and Privacy Policy. Your use of the Application is subject to your health plan’s terms and privacy policy as well as your healthcare providers’ terms and privacy policy. If you have questions regarding those terms, please contact your health plan or healthcare provider directly.

1. License Grant. Subject to these Terms, Company grants you a limited, nonexclusive, revocable, and nontransferable license to download, install, and use the Application for your personal, non-commercial use for interacting and communicating with your health plan and healthcare providers ("Health Provider"), on a single mobile device owned or otherwise controlled solely by you ("Mobile Device") strictly in accordance with the Application’s documentation. If you require any customer support in connection with your use of the Application, you should contact your health plan.
2. License Restrictions. You agree to comply with all applicable laws and regulations while using our Application and the content provided on the Application. You shall not:
   1. use our Application or content provided on our Application in any way not explicitly permitted by these Terms or the text of the Application;
   2. copy (except as expressly permitted by this license), modify, harvest data or materials from, translate, adapt, or otherwise create derivative works or improvements (whether or not patentable) of the Application;
   3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
   4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
   5. misrepresent your identity or provide us with any false information in any information-collection portion of our Application, such as a registration, enrollment, or application page;
   6. access or attempt to access any portion of our Application to which you have not been explicitly granted access;
   7. share any password assigned to or created by you with any third parties or use any password granted to or created by a third party;
   8. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
   9. engage in viral messaging, SPAMMING, SPIMMING, or sending of unsolicited advertisements, solicitations or bulk communications, or distribute chain mail or harmful computer code, viruses, or malware;
   10. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;
   11. use the Application for commercial purposes or in any manner that would compete with any product or service of the Company or any of our affiliates;
   12. take any action or use the Application in any way that could, in our sole judgment, interfere with any other party's use or enjoyment of the Application, or in a manner that could overburden, impair, damage or disable our networks or servers, or expose us or our licensors, users, customers or suppliers to any claims or liability whatsoever;
   13. use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Application. If you are blocked from the Application (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);
   14. directly or indirectly authorize anyone else to take actions prohibited in this section; or
   15. introduce any viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. The Company reserves all ownership and intellectual property rights in and to the Application. You do not acquire any ownership interest in the Application under these Terms, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
4. Usernames; Nicknames. The Application may allow you to register by providing a username and password (your "Username") as credentials for accessing the Application. You agree we have the right to disable and/or delete any Usernames and Nicknames for any reason in our sole discretion. You are responsible for protecting your Username. If your Username is compromised, you agree to immediately inform your health plan.
5. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
6. Geographic Restrictions. The Content and Services are provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Application from outside the United States, you are responsible for compliance with local laws.
7. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
   1. the Application will automatically download and install all available Updates; or
   2. you may receive notice of or be prompted to download and install available Updates.

   You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of these Terms.

8. Changes to Application Content. Certain content offered through our Application may be updated on a periodic basis and therefore the information displayed may change. You understand that not all of health plan related information may appear on or be accessible through the Application.
9. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for, and does not endorse, any Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions and privacy policies, which we encourage you to read carefully.
10. Term and Termination.
    1. The term of these Terms commences when you acknowledge your acceptance of these Terms and will continue in effect until terminated by you or Company as set forth in this tion 12.
    2. You may terminate these Terms by deleting the Application and all copies thereof from your Mobile Device.
    3. Company may terminate these Terms at any time without notice. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms.
    4. Upon termination:
       1. all rights granted to you under these Terms will also terminate; and
       2. you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
    5. Termination will not limit any of Company's rights or remedies at law or in equity.
11. Disclaimer of Warranties. WE TRY TO KEEP THE APPLICATION BUG FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. THE APPLICATION IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY INFORMATION ON PARTICULAR PLAN BENEFITS, SCOPE OF COVERAGE, OR OTHERWISE ON THE CONTENT PROVIDED ON THE APPLICATION.

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

12. Limitation of Liability. You understand and agree that the Application is only a communication service offered as a convenience tool for you to access information made available to you from your health plan or healthcare provider. You understand that messages will be routed to your health plan and healthcare provider and that they, along with Company employees, may be involved in addressing your information request. You understand that interactions with your health plan or healthcare provider, including messages and other communications through the Application, involve direct communications between You and your health plan or healthcare provider. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS (THE "RELEASED PARTIES"), OR ANY OFFICER, DIRECTOR, OR EMPLOYEE OF THE AFOREMENTIONED, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES, INCLUDING FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

    THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

13. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees ("Liabilities"), arising from or relating to your use or misuse of the Application or your breach of these Terms, including but not limited to the content you submit or make available through this Application. You may not transfer or assign any rights or obligations under these Terms. You agree we have the right to hire counsel of our own choosing in connection with, and to assume the exclusive defense and control of, any matter subject to indemnification by you, and doing so will in no way limit your indemnification obligations hereunder. In any litigation, you will cooperate with us in asserting any available defenses.
14. Export Regulation. The Application may be subject to U.S. export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the U.S.
15. U.S. Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
16. Severability. If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
17. Governing Law. These Terms is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.
18. Limitations on Filing of Claims.

    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO FOREVER AND COMPLETELY WAIVE, RELEASE AND DISCHARGE COMPANY AND ITS RELEASED PARTIES FROM AND AGAINST ANY AND ALL CAUSES OF ACTIONS, CLAIMS, SUITS, PROCEEDINGS OR ANY OTHER DEMANDS (EXISTING OR IN THE FUTURE) AND ANY AND ALL LIABILITIES ("CLAIMS") ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION, THE COMPANY’S ACTS AND OMISSIONS OR OTHERWISE. You understand that the Application is being provided to you by and in connection with your relationship with your health plan or healthcare provider, and that Company has not purposefully reached out to or sought to avail itself of a direct relationship with you. Accordingly, you agree to seek any recourse or relief relating to the Application (or anything else involving the Company or any of its Released Parties) directly against your health plan or health care provider, and the Company shall have no responsibility for and is completely released and discharged from and against any and all such Claims whether or not fully satisfied by or through your health plan or healthcare provider. ANY CLAIMS YOU MAY HAVE MUST BE INITIATED AND RESOLVED ONLY AS BETWEEN YOU AND YOUR HEALTH PLAN OR HEALTHCARE PROVIDER – YOU AREE THAT ANY CLAIMS ATTEMPTED OR PURPORTED TO BE INITIATED OR COMMENCED AGAINST ANY OF THE RELEASED PARTIES SHALL BE PERMANENTLY BARRED AND YOU WILL IMMEDIATELY AND FOREVER DISCHARGE ANY AND ALL SUCH CLAIMS AND WAIVE AND RELEASE THE RELEASED PARTIES FROM ANY AND ALL LIALBILITIES.

19. Violation of These Terms. Notwithstanding the procedures and limitations set out in Section 20 above, you agree that we may take any measures we deem appropriate, in our sole discretion, to prevent the violation of, and to enforce, these Terms. You agree that we may take any actions permitted or required by law (including the suspension or termination of your account or your access to the Application) and through any available forum or venue if we believe, in our sole discretion, that you are engaging in activities that (a) violate these provisions (or other terms in these Terms), (b) could expose us or our vendors or business partners to liability, or (c) could harm our business reputation.
20. Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. In the event of a conflict between these Terms and any applicable purchase or other terms, these Terms shall govern.
21. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
22. Copyright/Trademark Information. Copyright © 2019, Hearst Communications, Inc. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Application 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
23. Contact Us. If you have any questions about these Terms, you may contact us by email at caresappprivacy@mhk.com.
24. IMPORTANT NOTE REGARDING CONTENT

    The information and content that MHK, rather than your health plan or healthcare provider, may provide to you via the Application ("Content") is for your general educational information only.

    The Content cannot, and is not intended to, replace the relationship that you have with your health care professionals. The Content should not be considered and is not intended as medical advice. If you are experiencing a medical emergency, you should not rely on any information on the Application and should seek appropriate emergency medical assistance, such as calling "911". You should always talk to your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. None of the Content represents or warrants that any particular drug or treatment is safe, appropriate or effective for you, or that any particular health care provider is appropriate for you. Health information changes quickly. Therefore, you should always confirm information with your health care professionals.