Pager, Inc. Terms and Conditions

Cambia Health Solutions, Inc. (“Customer”) has engaged Pager, Inc. (referred to herein as “Advice24”, “we,” or “us”) to connect its members with the Advice24 web or mobile application (the “Application”) through which Advice24 facilitates the provision of Nurse triage services between Customer members and licensed healthcare providers (the “Providers”) affiliated with independent professional corporations. Use of the Application and our website at https://pager.com (collectively, the “Services”) is governed by the terms and conditions (the “Agreement”). Please read this Agreement carefully before accessing or using the Services.

By accessing or using the Services, you agree to bound by this Agreement as posted and accessible through our Application or website at the time of your access or use and to use the Services in accordance with the terms and conditions of this Agreement, our Privacy Policy and any additional terms and conditions that are referenced herein or that otherwise may apply to specific features of the Services, or to products or services that we make available to you through the Services (all of which are deemed part of this Agreement). If you do not agree to the terms set forth in this Agreement, you may not use the Services.

Advice24 reserves the right to modify this Agreement in the future, effective upon posting. We will update the “Last Revised” date, below, to reflect the date of the changes. You agree to review this Agreement each time you use the Services so that you are aware of any modifications made to this Agreement. By continuing to access or use the Services after we post such changes, you agree to the terms of this Agreement, as modified.

NO MEDICAL SERVICES ON THE APPLICATION; NOT FOR USE IN EMERGENCIES

Advice24 is designed to offer information and a means to enable you to obtain medical advice consultations and treatment for common medical conditions by facilitating the connection between you and nearby Providers through the use of the Application. For the avoidance of doubt, the capitalized word “Services” as used in this Agreement refers only to our Application, website and related content and does not refer to the telemedicine services that users receive from the Providers. None of the website or Application content should be considered medical advice or an endorsement, representation, or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

ADVICE24 IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR ANY OTHER LICENSED PROFESSION AND DOES NOT PROVIDE (OR INTERFERE WITH THE PROVISION OF) MEDICAL SERVICES. THE PROVIDERS ARE EACH RESPONSIBLE FOR THE PROFESSIONAL SERVICES THEY PROVIDE AND COMPLIANCE WITH THE REQUIREMENTS APPLICABLE TO THEIR PROFESSION AND LICENSE. THE PROVIDER WITH WHICH YOU ESTABLISH A TREATMENT RELATIONSHIP IS SOLELY RESPONSIBLE FOR PROVIDING YOU WITH MEDICAL SERVICES. WE ONLY ACT AS A TECHNOLOGY PLATFORM TO CONNECT YOU WITH HEALTH CARE PROFESSIONALS WHO MAY BE INTERESTED IN PROVIDING YOU WITH MEDICAL SERVICES.

NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ THROUGH OUR APPLICATION OR WEBSITE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, YOU MAY USE THIS APPLICATION TO TRY TO CONTACT A NEARBY QUALIFIED HEALTH CARE PROFESSIONAL. HOWEVER, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 FOR EMERGENCY MEDICAL HELP.

To the extent the patient is under the age of 18, you represent you are the patient’s parent or legal guardian and are duly authorized under state law to act on behalf of the minor. All references to “you” shall be deemed to include the minor patient where such reference applies to the individual receiving care or treatment.

CONSENT TO TELEMEDICAL CARE

Telemedicine involves the use of audio, video or other electronic communications between patients and health care providers for the purposes of medical advice, appointment scheduling, follow-up, and/or education. During your telemedicine consultation with your Provider (which may be a physician, physician assistant, nurse practitioner, or a nurse providing services under the supervision of a physician, physician assistant, or nurse practitioner), details of your medical history and personal health information may be discussed with you or other Providers through the use of interactive video, audio or other telecommunications technology.

There are possible risks to using telehealth, though, including: - Delays in medical evaluation/treatment recommendations could occur due to deficiencies or failures of the electronic equipment; - In rare instances, security protocols could fail, causing a breach of privacy of personal medical information; - In rare cases, a lack of access to all of your medical records may result in adverse drug interactions or allergic reactions or other judgment errors.

By receiving Telemedical care from Providers, you acknowledge that you understand and agree to the following: - You may expect the anticipated benefits from the use of telemedicine in your care, but no results can be guaranteed. - The Providers will not issue any prescriptions for medications but may recommend over-the-counter treatments. - It is your responsibility to provide the Providers with complete and accurate information, as the Providers will rely on this information in rendering clinical advice to you. - The laws that protect the privacy and security of health information apply to telemedicine, and that no information obtained in the use of telemedicine which identifies you will be disclosed to researchers or other entities without your authorization. - You have the right to withdraw your consent to the use of telemedicine in the course of your care at any time. - You have the right to inspect all information obtained and recorded in the course of a telemedicine interaction and may receive copies of this information for a reasonable fee. - A variety of alternative methods of medical care may be available to you, and you may choose one or more of these at any time. Your Provider will explain the alternative(s) to your satisfaction. - Telemedicine may involve electronic communication of your personal medical information to other medical practitioners who may be located in other areas, including out of state. - It is your duty to inform your Provider of electronic interactions regarding your care that you may have with other healthcare providers. - As applicable to the Services available to you, you consent to receiving protected health information via email or SMS text messaging and understand messages through these communication channels may not be secure.

How to Use the Application

You have to be 18 years of age or older (or have the consent of a parent or legal guardian) and reside in a jurisdiction in which we offer the Application to use the Application.

The Application is designed to enable you to send a request for select non-emergency medical consultation services to a Provider. The GPS receiver – which should be installed on the mobile device on which you have downloaded the Application – detects your location. The Application identifies to you Providers who are licensed in the jurisdiction in which you are located. You will be able to select the Provider of your choice, and the Application then sends a message to the Provider asking whether they are willing and able to provide you with the requested healthcare services. In the event a Provider agrees, the Application schedules those services and bills you on behalf of the Provider. We make no representation or warranty to you any Provider will be available to perform health care services.

Your Use of the Services

You represent and warrant that the information you provide to us is accurate and complete. You acknowledge and agree that we are entitled at all times to verify the information provided and to deny your use of the Services at any time for any reason or no reason. You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. We are not liable if you do not have a compatible device or if you download the wrong version of the Application for your device.

By accessing or using the Services, you further agree that: - You will only use the Services for your sole, personal use and you will not resell them to a third party; - You will not copy or distribute the Services or other Services content; - You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party; - You will not use the Services for any purpose in violation of local, state, federal or international laws; - You will not use the Services as a means to distribute advertising or other unsolicited material to any third party; - You will not impersonate another person; - You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion; - You will comply with all applicable third-party terms of agreement when using the Services (e.g., your wireless data service agreement); - You will ensure that no unauthorized person shall have access to your accounts; - You will promptly notify us in the event your accounts have been compromised; - You will not assign or otherwise transfer your account to any other person or entity; - You will not try to harm the Services or impair the proper operation of the network in any way whatsoever; and - You will provide us with whatever proof of identity we may request.

We reserve the right to immediately terminate your use of the Services should you fail to comply with any of the foregoing rules.

Our Right to Use User-Provided Content

We may, in our sole discretion, permit you to post or submit content and other materials through the Services (collectively, “User-Provided Content”). You grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User-Provided Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose. Also, you grant us, and anyone authorized by us, the right to identify you as the author of any User-Provided Content submitted by you. You will not receive any compensation of any kind for the use of any User-Provided Content submitted by you.

You acknowledge that Advice24 only acts as a passive conduit for the distribution of the User-Provided Content and is not responsible or liable to you or to any third party for the content or accuracy of the User-Provided Content. You understand that we have no obligation to monitor any areas of the Services through which users can post User-Provided Content. However, we reserve the right at all times, in our sole discretion, to screen User-Provided Content and to edit, move, delete, and/or refuse to accept any User-Provided Content that in our judgment violates this Agreement or is otherwise unacceptable or inappropriate, whether for legal or other reasons.

Any use by you of the User-Provided Content is entirely at your own risk. You represent and warrant that any User-Provided Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third-party intellectual property rights, rights of privacy or publicity rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the right to grant the license described above.

You agree to indemnify and hold harmless Advice24, Advice24’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of any User-Provided Content posted or transmitted through the Services by you or by others using your account.

Intellectual Property Ownership

Advice24 alone (and its licensors, where applicable) shall own all right, title and interest, including all intellectual property rights, in and to the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Services shall be owned solely and exclusively by Advice24, and/or, as applicable, Advice24’s third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto, and you hereby assign to Advice24 any and all of your rights, title or interests in the Services or any modification to or derivative work of the Services. You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Services.

The materials on the Services are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Services for your own personal, noncommercial use only, provided that you keep intact all credits and copyright and other proprietary notices. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).

Application License

Subject to your compliance with the terms and conditions of this Agreement, Advice24 grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Application on a mobile device that you own or control and to run such copy of the Application solely for your own personal use.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way; (ii) modify or make derivative works based upon the Application; (iii) reverse engineer or access the Application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Application, or (c) copy any ideas, features, functions or graphics of the Application; or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.

Disclaimer

THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY. WE WILL REGARD ALL ACCESS OR USE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.

We do not control, supply, endorse, warrant or guarantee any information, products, services or merchandise supplied by any of the Providers that you may connect with via the Services.

We also do not warrant or guarantee that files that may be available for downloading through the Services will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties. We, and our technology service providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You download and use the Services at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Services.

WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICES (INCLUDING ANY CONSULTATIONS OR OTHER SERVICES YOU MAY OBTAIN FROM PROVIDERS). WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL ADVICE24 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 THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED BY ANY PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THOSE PROVIDERS), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY OF ADVICE24 FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION OF LIABILITY OF ADVICE24 WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING FROM THE USE OF THE SERVICES.

Indemnification

You agree to indemnify and hold harmless Advice24, Advice24’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Services, violation of this Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

Modifications to, or Discontinuation of, the Services

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Services or any portion thereof.

Privacy

Your use of the Services is subject to Advice24’s Privacy Policy, which is incorporated by reference into this Agreement. Please review this policy so you understand what information we collect through the Services, how we use it, how we secure it, and when we may share it.

Miscellaneous

This Agreement constitutes the entire agreement between us and you with respect to the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard to any conflicts of law provisions contained therein.

This Agreement is personal to you and you may not assign it to anyone. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. This Agreement is not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, this Agreement may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Services or this Agreement must be filed by you within one year after such claim or cause of action arose or be forever barred. Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.

Last Revised: July 2023 © 2021 Pager, Inc. All rights reserved.