Website Terms of Use

1. Acceptance of These Terms

These Website Terms of Use ("Terms") are entered into by and between you and Polycare, Inc. ("Polycare," "we," "our," or "us"). These Terms govern your access to and use of Polycare.com and any page that links to these Terms, including the content, features, and functionality made available through those pages (collectively, the "Website").

Please read these Terms carefully before using the Website. By accessing or using the Website, you accept and agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not access or use the Website.

These Terms govern the public Website. They do not replace or modify the separate documents that govern clinical services, the patient relationship, protected health information, or use of Hero or other third-party products and services, except as expressly stated below.

2. Eligibility and Geographic Availability

The Website is intended for individuals who are at least 18 years old and located in the United States. By using the Website, you represent and warrant that you are at least 18 years old, have the legal capacity to agree to these Terms, and meet any other eligibility requirements that may apply to your use of the Website. If you use the Website or communicate with us on behalf of another person, you represent that you have legal authority to do so.

Information, programs, and clinical services described on the Website may not be available in every state or to every person. Availability may depend on licensure, location, eligibility, clinical appropriateness, capacity, and other legal or operational requirements, and may change without notice.

3. Privacy Policy

Our Privacy Policy describes how Polycare collects, uses, retains, protects, and discloses personal data in connection with the public Website. It is incorporated into these Terms by reference. If these Terms conflict with the Privacy Policy concerning personal data collected through the public Website, the Privacy Policy controls for that subject.

The public Website is not a patient portal or a secure channel for clinical communications. Do not send health or medication information, insurance information, financial account information, Social Security numbers, government identification numbers, or other sensitive information through a general Contact Us email address, telephone number, or similar public-Website channel. Information submitted through a separate screening, intake, enrollment, or onboarding workflow may be subject to additional notices and documents presented in that workflow and to applicable law.

4. Polycare, Inc. Is Not a Medical Practice

Polycare may provide non-clinical administrative, technology, coordination, or support services to professional medical practices. Polycare does not direct or control a clinician's professional judgment, and nothing in these Terms authorizes Polycare to do so.

Depending on the state or other jurisdiction where care is provided, clinical services offered under or in connection with the Polycare name are provided exclusively by MedKo Health, PLLC, MedKo Health NJ, LLC, or another geographically applicable professional practice entity that is legally authorized to provide care and is identified to you during onboarding (each, an "Applicable Practice"). Any clinician who provides care does so on behalf of the Applicable Practice, not Polycare.

If a patient relationship is formed, you are a patient of the Applicable Practice and the treating clinician. You are not a patient of Polycare, Inc., Hero Health, Inc., the Website, or any non-clinical support company merely because you use the Website or a related technology or device.

5. No Patient Relationship Through Website Use; Acceptance and Onboarding Required

Merely visiting the Website, contacting Polycare or an Applicable Practice, submitting a request for care, completing a screening or eligibility step, providing insurance or other information, scheduling or requesting an appointment, receiving communications, or signing an individual form does not by itself create a clinician-patient or practice-patient relationship.

To become a patient, you must complete all steps required by the Applicable Practice, which may include each of the following:

• providing complete and accurate eligibility, identity, intake, clinical, payment, and other requested information;
• reviewing, accepting, and signing the then-current patient consent packet and any related consents, acknowledgments, authorizations, practice policies, and other required documents (collectively, the "Patient Documents");
• satisfying the Applicable Practice's location, licensure, eligibility, capacity, clinical appropriateness, and other lawful requirements; and
• receiving confirmation from the Applicable Practice or its authorized onboarding personnel that the Applicable Practice has accepted you as a patient and that your onboarding is complete.

Signing the Patient Documents is necessary but is not, by itself, sufficient to create a patient relationship. You are not a patient unless and until the Applicable Practice accepts you and confirms that onboarding is complete. Before that confirmation, neither Polycare nor an Applicable Practice has undertaken an ongoing duty to treat you, and no appointment, prescription, treatment, or particular service is guaranteed. An Applicable Practice may decline or stop an onboarding process as permitted by applicable law.

After you become a patient, the Patient Documents and the Applicable Practice's policies govern the clinical relationship and clinical services. If these Terms conflict with the Patient Documents regarding clinical services or the patient relationship, the Patient Documents control.

6. Notice of Privacy Practices

If you are accepted and onboarded as a patient, the Applicable Practice will make its Notice of Privacy Practices ("NPP") available to you and may request an acknowledgment of receipt as part of the patient process. The NPP is directed to individuals who become patients and describes the Applicable Practice's uses and disclosures of protected health information and the patient's rights under applicable health privacy law.

The NPP is separate from the Polycare Website Privacy Policy and is not incorporated into these Website Terms. The NPP does not govern an ordinary visit to the public Website merely because it may be posted or linked there for convenience, and posting or viewing the NPP does not create a patient relationship. Information collected in screening or onboarding will be handled under the notices and documents presented in the applicable workflow and applicable law.

7. Hero Devices, Applications, and Services

If you receive, activate, access, or use a Hero medication dispenser, the Hero application, or any other product or service offered by Hero Health, Inc. (collectively, the "Hero Services"), your use of the Hero Services is additionally governed by Hero Health, Inc.'s separate Terms of Use and any applicable Hero privacy policy, instructions, labeling, safety information, warranty, return policy, order terms, or other materials (the "Hero Terms").

The Hero Terms are a separate agreement with Hero Health, Inc.; they are not these Website Terms and are not the Patient Documents. If there is a conflict concerning the Hero Services, the Hero Terms control. Use of a Hero device or Hero Service does not, by itself, make you a patient or create a provider-patient relationship with Polycare or Hero Health, Inc. Any clinical care associated with use of a Hero Service is provided by the Applicable Practice and is governed by the Patient Documents and applicable law.

8. General Information Only; No Medical Advice; Emergencies

Content on the Website is provided for general informational and educational purposes only. It is not medical advice, diagnosis, treatment, a prescription, or a substitute for advice from a qualified healthcare professional who knows your circumstances. Do not start, stop, or change any medication, treatment, or course of care based solely on Website content.

Polycare does not guarantee that any information on the Website is complete, current, accurate, applicable to you, or suitable for any particular purpose, or that any program, clinician, treatment, prescription, device, or other service will be available or appropriate for you.

9. Changes to These Terms and the Website

We may revise these Terms from time to time. Changes are effective when posted, unless a later effective date is stated. The "Last Updated" date at the top identifies the most recent revision. Your continued use of the Website after revised Terms become effective means that you accept the revised Terms.

We may change, suspend, withdraw, restrict, or discontinue any part of the Website, its content, or any feature at any time, with or without notice. We do not guarantee that the Website or any content will always be available, uninterrupted, secure, or error-free.

10. Intellectual Property Rights

The Website and its contents, features, and functionality, including text, graphics, photographs, images, video, audio, software, design, selection, arrangement, and other materials, are owned by Polycare, its affiliates, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.

Subject to these Terms, Polycare grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for your personal, lawful, non-commercial use. You may temporarily cache materials in your browser and print or download a reasonable number of pages for your own personal, non-commercial reference. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, sell, license, scrape, download, store, or transmit Website content except as expressly permitted by these Terms or with our prior written permission.

The Polycare name, logo, and related names, designs, and slogans are trademarks of Polycare or its licensors. Other names and marks are the property of their respective owners. No license to use any trademark is granted by these Terms.

11. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You may not:

• use the Website in violation of any applicable law or regulation, or for any fraudulent, deceptive, threatening, harassing, defamatory, abusive, or otherwise unlawful purpose;
• impersonate Polycare, an Applicable Practice, a clinician, an employee, another user, or any other person or entity, or misrepresent your identity, authority, or affiliation;
• use the Website to exploit or harm another person, transmit unsolicited advertising or spam, or submit content that infringes another person's rights;
• use any robot, spider, scraper, crawler, automated process, or manual process to monitor, copy, harvest, or extract Website content or data without our prior written permission;
• introduce malware or other harmful code; attempt to gain unauthorized access to the Website, servers, networks, systems, accounts, or data; bypass security measures; or conduct a denial-of-service or similar attack;
• interfere with or impair the Website or another person's use of it;
• remove or alter any copyright, trademark, attribution, or other proprietary notice.

We may suspend or terminate access, preserve information, and cooperate with law enforcement or other authorities when we reasonably believe a violation, security threat, fraud, unlawful conduct, or risk of harm has occurred, subject to applicable law.

12. Third-Party Content, Links, and Separate Services

The Website may include content supplied by third parties or links to provider directories, enrollment tools, scheduling tools, social media pages, Hero Services, or other websites and resources that Polycare does not own or control. Links are provided for convenience and do not necessarily constitute an endorsement, warranty, or recommendation.

When you leave the Website or use a separate service, that service's own terms, privacy policy, notices, and practices apply. Polycare is not responsible for the content, accuracy, availability, security, privacy practices, products, services, or conduct of a third party, or for loss or damage arising from your dealings with a third party. You should review the terms and privacy notices applicable to each separate service before using it.

13. Reliance on Information and No Endorsement

Any reliance you place on Website content is at your own risk. References to a clinician, practice, product, device, medication, pharmacy, health plan, vendor, service, or other organization do not constitute a guarantee of availability, quality, safety, effectiveness, coverage, reimbursement, or suitability, and do not necessarily constitute an endorsement. You are responsible for making your own informed decisions with appropriate professional advice.

14. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, ITS CONTENT, AND ALL FEATURES MADE AVAILABLE THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. POLYCARE DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, RELIABILITY, QUALITY, AVAILABILITY, AND THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL CODE.

You are responsible for implementing safeguards appropriate to your devices, systems, and data. The foregoing does not affect warranties that cannot be excluded or limited under applicable law and does not replace any express obligation stated in the Patient Documents or in the separate terms applicable to Hero Services.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, POLYCARE AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO THE WEBSITE, WEBSITE CONTENT, LINKED SITES, OR YOUR ACCESS TO OR INABILITY TO ACCESS OR USE ANY OF THEM, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, POLYCARE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT, IF ANY, THAT YOU PAID DIRECTLY TO POLYCARE FOR ACCESS TO THE PUBLIC WEBSITE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

These limitations do not apply to liability that cannot lawfully be excluded or limited, or to Polycare's gross negligence or willful misconduct. These Website Terms do not purport to limit an Applicable Practice's or clinician's liability for professional medical services, or a patient's non-waivable rights concerning those services. Clinical services are governed by the Patient Documents and applicable law.

16. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Polycare and its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, successors, and assigns from and against third-party claims, liabilities, judgments, losses, damages, costs, and reasonable attorneys' fees arising from your unlawful misuse of the Website, your material violation of these Terms, or your infringement or violation of another person's rights.

17. Governing Law and Jurisdiction

Except to the extent applicable law requires otherwise, these Terms and any dispute arising out of or relating to the Website or these Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Any legal action that is not subject to a mandatory forum under applicable law must be brought exclusively in the state or federal courts located in New York County, New York, and you consent to personal jurisdiction and venue in those courts.

18. Waiver, Severability, and Assignment

A failure by Polycare to enforce any provision is not a waiver of that provision or any other provision. If any provision is held invalid, illegal, or unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in effect.

You may not assign or transfer these Terms or any right under them without Polycare's prior written consent. Polycare may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law.

19. Entire Agreement and Order of Precedence

These Terms and the incorporated Privacy Policy constitute the entire agreement between you and Polycare concerning the public Website and supersede prior or contemporaneous communications concerning that subject. They do not replace the Patient Documents, an Applicable Practice's NPP, or the separate Hero terms.

To avoid doubt, the following documents control the subjects identified below:

• the Patient Documents and Applicable Practice policies control the patient relationship and clinical services;
• the Applicable Practice's NPP controls its uses and disclosures of protected health information and related patient rights;
• the Hero Terms of Use and related Hero documents control the Hero Services;
• the Polycare Privacy Policy controls Polycare's handling of personal data collected through the public Website; and
• these Terms otherwise control access to and use of the public Website.

Nothing in these Terms makes Polycare a party to a patient agreement between you and an Applicable Practice or to an agreement between you and Hero Health, Inc., unless a separate signed writing expressly states otherwise.

20. Contact Information

The Website is operated by:

General Website contact channels are not appropriate for emergencies or urgent clinical communications. Call 911 or your local emergency number for an emergency. If you are an accepted patient, use the clinical contact method provided by the Applicable Practice for care-related questions.