TERMS OF SERVICE

WOMBA, LLC ONLINE PORTAL/WOMBA APP TERMS AND CONDITIONS OF USE

TO USE THE WOMBA, LLC (“WOMBA”) ONLINE PORTAL/WOMBA APP(“ONLINE PORTAL OR APP PORTAL”), YOU MUST ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU WILL NOT BE ABLE TO USE THE ONLINE PORTAL OR APP PORTAL.

By using the Online Portal or App Portal you represent and warrant that you accept and agree to be bound by all of the terms and conditions contained herein and covenant to comply with these Terms and Conditions of Use.

WoMBA offers the Online Portal or App Portal to patients as a courtesy and WoMBA, in its sole discretion, may terminate your registration or access to the Online Portal or App Portal for any reason without any prior notice. Further, you agree that WoMBA shall not be liable to you or any third-party for any termination of your registration or access to the Online Portal or App Portal.

WoMBA reserves the right to modify and update these Terms and Conditions of Use at any time by posting amended Terms and Conditions of Use on myWoMBA.com and/or the Online Portal or App Portal. Any updates to these Terms and Conditions of Use will be posted on myWoMBA.com and/or the Online Portal or App Portal, from time to time. You acknowledge your responsibility to review these Terms and Conditions of Use from time to time and to be aware of any such changes. Your use of the Online Portal or App Portal after such posting constitutes acceptance by you of the revised Terms and Conditions of Use.

Online Portal or App Portal Registration

You may not request or open a Online Portal or App Portal account for any person other than yourself. By accepting these Terms and Conditions of Use, you represent and warrant that you are authorized to open this Online Portal or App Portal account and that you do so solely on your own behalf (you may not allow any other person or entity to use your account for posting or viewing comments). You must provide us with your e-mail address in order to activate your Online Portal or App Portal account. You are responsible for updating your e-mail address and any and all personal information, including without limitation, relevant health information, related to your Online Portal or App Portal account in a timely and accurate manner. WoMBA utilizes and opt-out method for offerings. In the event you would like to unsubscribe or modify default opt-in please login to your portal to make changes.

DO NOT SHARE YOUR REGISTRATION OR SIGN-IN INFORMATION WITH ANYONE.

DO NOT SEND URGENT OR EMERGENCY MESSAGES USING ONLINE PORTAL OR APP PORTAL. IN CASE OF AN EMERGENCY YOU SHOULD CALL 911. IF THE SITUATION IS NOT AN EMERGENCY BUT YOU NEED A PROMPT RESPONSE PLEASE CALL WOMBA DIRECTLY AT.

Cancellation of Online Portal or App Portal Registration

Either you or Online Portal or App Portal may discontinue your use of the Online Portal or App Portal at any time and for any reason. If you wish to discontinue your use of the Online Portal or App Portal, please contact WoMBA directly.

Technical Requirements

The Online Portal or App Portal requires that you have access to an internet browser with sufficient encryption standards that is configured to accept cookies. You must have internet access, a valid e-mail account with the ability to receive and read e-mail messages. You may also require additional software to access certain services or information. Though not guaranteed, WoMBA makes every goal to offer inter-compatibility between every type of device, please contact support if you need assistance.

Privacy

WoMBA is committed to maintaining the privacy of your information. Please refer to WoMBA’s Website Privacy Policy and Notice of Privacy Practices for information on our registration processes and how we protect your personal information. Acceptance of these Terms and Conditions of Use constitutes your consent to the terms and conditions set forth in such policies. All WoMBA generated medical records are subject to state and federal laws and regulations governing the security and confidentiality of medical records.

Use of Protected Health information

Online Portal or App Portal allows you to transfer and or access your personal health information from your interactions with your health care providers to the Online Portal or App Portal. Once you have transferred this information to your personal account, the use and disclosure of your personal and medical information from the Online Portal or App Portal to third parties is governed by state and federal regulations. Medical data may be accessed from multiple sources including, software vendors, exchanges, hospitals and or medical offices. Smart data, also known as wearable data is via selections set in the portal. Wearable data is retrieved from sources you provide. When wearable and other sources of smart data is shared with insurance companies, you are verifying that the in-fact tracked is the user. Intentional, misuse or abuse of this trust may have legal ramifications and may void your insurance policy.

Any communication between you and WoMBA via the Online Portal or App Portal occurs via a secure, encrypted connection and is deposited into your WoMBA electronic medical record. You may receive e-mail notifications of new Online Portal or App Portal communications; these e-mails will not contain any person health information. You are responsible for timely reviewing such messages and you agree that WoMBA shall not be liable for any loss, injury, illness, damages, or claims of any kind resulting from your failure to timely read any Online Portal or App Portal generated messages. All access to your data is logged in the user portal.

Posting of information to your Online Portal or App Portal account is done at the sole discretion of WoMBA, including the posting of any messages sent or received via Online Portal or App Portal to your electronic medical record. You agree not to upload or transmit any communications or content of any kind that infringes or violates any rights of any party. You agree not to post materials that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person entity, as determined in WoMBA’s sole discretion. WoMBA may broadcast and or advertise relevant promotions and ads. No identifiable data is given to third parties.

CONTENT USAGE

You may not: (a) resell, sublicense, rent, lease or otherwise publicly distribute any WoMBA information or content contained on our website or the Online Portal or App Portal, without WoMBA’s prior written consent, which consent may be given or withheld in WoMBA’s sole discretion; (b) use your access to Online Portal or App Portal or WoMBA’s information, services, database or system to export or re-export technical data in violation of U.S. export control laws and regulations; or (c) use Online Portal or App Portal or any WoMBA information or content in violation of any federal or state law, including data privacy laws and communication regulations and tariffs. You may not copy or adapt the HTML or other code that WoMBA or Online Portal or App Portal uses to generate its pages.

You are prohibited from violating or attempting to violate the security of WoMBA.com or Online Portal or App Portal and from using either to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the web site, host or network, including, without limitation, via means of submitting a virus to the web site, DOS attacks, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any WoMBA or Online Portal or App Portal packet header or any part of the header information in any e-mail, instant message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability. WoMBA may investigate violations of these Terms and Conditions of Use and may involve and cooperate with law enforcement authorities in prosecuting users of the web site who are involved in such violations.

You are responsible for taking steps to protect yourself from unauthorized use of online communications, including without limitation, keeping your password confidential.Third party verification tools that WoMBA may use are used under license of the respective company and verified via standard protocols. WoMBA is not responsible for breaches of confidentiality or security caused by you or an independent third party. You expressly assume the risk of any unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption, or corruption of data or other information transmitted in connection with your use of the Online Portal or App Portal or any service related thereto.

You may not use Online Portal or App Portal to post or send any illicit or offensive materials, and hereby assume any and all risk associated therewith.

You may store PDF and XRAY files in your user portal. WoMBA is not a photo sharing tool. You may use WoMBA to store and share medical data.

YOU UNDERSTAND THAT THE WoMBA ONLINE PORTAL OR APP PORTAL WILL ALLOW YOU ACCESS TO CLINICAL AND OTHER PROTECTED HEALTH INFORMATION PERTAINING TO YOU. YOU ARE SOLELY RESPONSIBLE FOR ANY SHARING OF ANY SUCH CONTENT, WHETHER YOU COMMUNICATE SUCH INFORMATION TO OTHERS INTENTIONALLY OR UNINTENTIONALLY.

LINKS

You may sometimes be linked to third party websites. WoMBA is not responsible for the information or materials contained on any third party web sites, or on web sites that provide links to myWoMBA.com or Online Portal or App Portal. Links from either are provided for convenience only and are not intended as an endorsement by WoMBA of any individual operating the third party website or application or a warranty of any type regarding either the third party website or application, or the information on the third party web site or application. WoMBA shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content products or services available on or through such third party websites or applications. WoMBA may have affiliate and or financials incentives with offerings on the site and or application.

MEDICAL INFORMATION DISCLAIMER

YOU ACKNOWLEDGE THAT THE INFORMATION IN THE ONLINE PORTAL OR APP PORTAL IS PROVIDED “AS IS” FOR GENERAL INFORMATION ONLY AND IT IS NOT INTENDED, OR TO BE CONSTRUED, AS MEDICAL ADVICE, DIAGNOSIS AND TREATMENT, AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS WHO ARE FAMILIAR WITHYOUR INDIVIDUAL MEDICAL NEEDS.

HIPAA Consent

YOU ACKNOWLEDGE THAT YOU ARE REQUESTING THE DATA ON BEHALF OF YOURSELF OR A FAMILY MEMBER OF WHICH YOU HAVE LEGAL GUARDIANSHIP OR PERMISSION TO REQUEST ON BEHALF OF. AS A DIRECT DATA GATHER, WOMBA, IS ACTING AS A TOOL IN ASSISTING YOU IN COLLECTING ANY AND ALL DATA LEGALLY PERMISSABLE FOR YOU TO GAIN ACCESS TO AND ACCESIBLE BY YOU. MEANIFUL USE ACT GIVES YOU PERMISSION TO ACCESS YOUR DATA. AS A WOMBA CLIENT, (BY UTLIZING THE WOMBA WEBSITE AND OR SOFTWARE, WETHER FOR FREE OR PAY) YOU ARE GRANTING WOMBA PERMISSION TO SHARE DATA STRICTLY WITH AUTHORIZED 3RD PARTIES TO WHOM YOU PERMIT. YOU HAVE THE ABILITY TO OPT OUT OF AUTHRORIZED SHARES VIA THE CONTROL PANEL. ALL DATA ACCESSED WILL BE VIEWABLE IN THE AUDIT LOGS. YOU AS A USER HAVE THE ABILITY TO SHARE AND TRADE DATA DOING SO IS AT YOUR OWN RISK AND BEING POWERED AND AUTHORIZED BY YOU.

DISCLAIMER OF WARRANTY

WOMBA PROVIDES ALL INFORMATION ON THE ONLINE PORTAL OR APP PORTAL “AS IS” WITH ALL FAULTS AND MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PROGRAMS, PRODUCTS, OR SERVICES, OR OTHER MATERIAL PROVIDED, OR OF RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WOMBA MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.

You acknowledge that you understand and assume full responsibility for the risks associated the use of the Online Portal or App Portal and your use of the Online Portal or App Portal services is at your sole risk. WoMBA is not liable to you, or any third party, for any decision made or action taken by your or anyone third party based on information contained on the site or provided through related services; or, due to reliance upon information contained on the site or provided through the services.

LIMITATION OF LIABILITY

IN NO EVENT WILL WOMBA OR ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, VOLUNTEERS, SPONSORS AND AGENTS BE LIABLE TO YOU, ANYONE CLAIMING BY THROUGH OR UNDER YOU, OR ANYONE ELSE FOR (I) ANY DECISION OR ACTION TAKEN, OR NOT TAKEN, IN RELIANCE UPON THE INFORMATION CONTAINED OR PROVIDED, (II) CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THIS ONLINE PORTAL OR APP PORTAL, (III) USE OR DISCLOSURE OF YOUR PERSONAL OR MEDICAL INFORMATION OR (v) FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, POSSIBLE HEALTH SIDE EFFECTS, LOSS OF REVENUES, PROFITS OR SAVINGS, EVEN IF THE WOMBA KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, DEMANDS OR ACTIONS.

WoMBA will not be liable to you or anyone else for any loss resulting from a cause over which WoMBA does not have direct control, including without limitation, failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorized access, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of God), fire, war, insurrection, terrorist act, riot, labor dispute and other labor problems, accident, emergency or action of government.

Availability

WoMBA is available as an online platform 24 hours a day, 7 days a week. While every effort is made to keep WoMBA up 24/7, WoMBA does not guarantee 24/7 uptime. In the event of an error accessing our system, our phone number is 877-MY-WOMBA. Our phone lines are not staffed 24/7, in the event of a medical emergency please contact your medical provider or in the USA dial 911.

INDEMNIFICATION

As a condition of your use of the Online Portal or App Portal and WoMBAyou agree to indemnify and hold WoMBA, its officers, directors, shareholders, employees, agents, successors and assigns, harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Online Portal or App Portal, WoMBAor from the violation of these Terms.

GOVERNING LAW

THESE TERMS AND CONDITIONS OF USE, AND YOUR USE AND ACCESS TO THE ONLINE PORTAL OR APP PORTAL IS GOVERNED BY THE LAWS OF DELEWAARE, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. JURISDICTION AND VENUE FOR ANY CAUSE OF ACTION ARISING UNDER THIS AGREEMENT SHALL BE IN APPLICABLE IN DELEWARE

GENERAL PROVISIONS

You agree that these Terms and Conditions of Use, and any additional terms referenced herein, sets forth the entire understanding between you and WoMBA with respect to your use of the Online Portal or App Portal. You further agree that if any portion herein is held invalid, the balance shall continue in full force and effect. The foregoing release, indemnity, and limitation of liability shall be as broad and inclusive as is permitted by applicable law. These Terms and Conditions of Use inure to the benefit of WoMBA, its successors and assigns.

Please contact WoMBA at accounts@WoMBA.com, by 844-MY-WOMBA, or at 120-10 Queens Blvd, Queens NY 11415 , if you have any questions regarding Womba.com or its TOS.