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iTRUST Private Policy

These Terms of Use (the “Agreement”) is a binding agreement between you (“End User”, “you” or “your”) and iTrust.io, LLC d/b/a iTrust.io (“iTrust”, “Company”, “we”, “us” or “our”). This Agreement governs your use of the iTrust website, software and services (“Website”). The Website is licensed, not sold, to you, and your use of the Website is expressly pursuant to and subject to this Agreement. Throughout this Agreement, End User and iTrust may each be referred to as a “Party” or collectively, the “Parties”. BY LOGGING-IN, DOWNLOADING, INSTALLING, ACCESSING, OR OTHERWISE USING THE WEBSITE, SOFTWARE, OR SERVICES YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF SOUND MIND AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT (18 YEARS OF AGE OR OLDER); AND (C) ACCEPT AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT LOG-IN, DOWNLOAD, INSTALL, ACCESS, OR OTHERWISE USE THE WEBSITE OR ANY RELATED WEBSERVICES. CHANGES TO THIS AGREEMENT We reserve the exclusive right to make changes to this Agreement from time to time. Your continued access to and use of the Website constitutes your agreement to be bound by, and your acceptance of, the terms and conditions posted at such time. You acknowledge and agree that you accept this Agreement (and any amendments thereto) each time you sign into your account, access, or use the Website. Therefore, we encourage you to review this Agreement regularly. If, within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you do not agree to the updated terms, you may withdraw your acceptance to the amended terms by providing us with written notice of your withdrawal to the email address provided in Section 28 herein. Upon providing us with the written notice of the withdrawal of your acceptance, you are no longer authorized to access or use the Website or Web Services and you must delete it from your Computing Device. 1. License Grant. Subject to the terms of this Agreement, iTrust grants you a personal, limited, non-exclusive, revocable, and non-transferable license to: (a) Use, download, and install the Website and related services on a computer or mobile computing device that is owned or otherwise controlled by you (“Computing Device”) strictly for your own, or your offices approved commercial use; and (b) access, view, and use on such Computing Device, the iTrust Content (as defined in Section 5) made available in or otherwise accessible through the Website, strictly in accordance with this Agreement, and any other terms and conditions applicable to such Content as set forth in Section 5. 2. License Restrictions. You shall not: (a) copy the Website, software, nor related services, except as expressly permitted by this license; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Website, or related services, its content or any of its parts; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Website, its processes or any of its parts; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Website, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website, related services, or any features or functionality of the Website, to any third party for any reason, including by making the Website available on a network where it is capable of being accessed by more than one user device without creating unique user accounts for each user in accordance with this Agreement; or (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Website or related services. 3. Use of the Website; Account Security; Payment. (a) ITRUST IS A SOFTWARE COMPANY. ACCORDINGLY, ITRUST IS NOT A CARE PROVIDER OF ANY TYPE AND DOES NOT OFFER OR PROVIDE ANY HEALTH, NURSING, SERVICES, CARE, SERVICES, DIAGNOSES, OR ADVICE OF ANY KIND. (b) The Website is intended specifically to collect, store, and securely transmit information and data about the, evaluation, treatment, care and diagnosis that a person receives at a End User practitioner or practitioners office. (the “Care Receiver”) On an ongoing basis from a person providing the care (such as, for example, an optometrist; the “Health Care Provider” or “Covered Entity”) and/or spouses, family members, friends, or loved ones of the Care Receiver, or other individual individuals interested in the Care Receiver’s wellbeing (each a “Approved Receiver User”) (c) The information may be input into the Website either by i) the Health Care Provider who is using the Website (the “Provider User”); ii) and/or the Care Receiver using the Website (each a “Care Receiver User”). Each user of the Website, whether a Provider User or a Care Receiver User, may be referred to as an “End User”. (d) In addition to collecting and storing information about the care offered to, or received by, a Care Receiver User, the Website (i) makes the information available to the Health Care Provider, the Care Receiver User; and (ii) facilitates the efficient communication and coordination between Health Care Provider, Care Receiver Users, and Approved Receiver Users, in connection with the health care services offered to, or received by, the Care Receiver User. Specifically, the Website allows users to: (i) Record notes, events, actions, tasks, dates, and updates in connection with the personal health care of a Care Receiver User; (ii) Create and update schedules in connection with the personal health care of a Care Receiver User; (iii) Communicate with other End Users about the personal health care of a Care Receiver; (iv) Upload, store, and view documents (such as, for example, forms, legal documents, and charts), notes and arrangements (collectively, “Documents”) related to Care Receiver User treatment, payment or file, that are provided by the any or all of the End Users; (v) Store and share relevant research articles, academic articles, and general educational materials about providing personal health care and about healthcare in general; and (vi) Post or communicate information to forums or groups of End Users of the Website including Approved Receiver Users and communicate with those users individually or as a group. (e) To access and use the Website (or any other services offered), whether as a Care Receiver User, Health Care Provider User, or Approved Receiver User, you must register for a unique, individual user account (an “Account”). (f) To create your Account and generally use the Website, you may be asked to provide us with at least the following information (along with any fields or data marked as mandatory as part of the Account creation process): (i) Your Company name, or first and last name; (ii) Your office and mobile telephone number; (iii) Your email address, and physical address. (iv) If any paid features of the Website are enabled and desired by you, a Credit or Debit card or other payment method that iTrust will utilize to collect payment from you for in Website services that you use or request. (g) All payments for any Website fees that are made by you through the Website are collected by iTrust via the payment method that you provided through your Account. By selecting or enabling a paid service and/or by confirming your desire to make the payment in the Website, you expressly authorize iTrust to immediately withdraw funds from your account and/or charge your payment card (as applicable) in the amount selected by you. If the paid service or feature that you request is on-going and subject to recurring payments, you expressly authorize iTrust to withdraw funds from your account and/or charge your payment card on a recurring basis until you affirmatively stop, cancel, or remove the paid service or feature in accordance with this Agreement (or until such paid service or feature is terminated by us). (h) All amounts paid by you to iTrust or through the Website are final. (i) You are responsible for keeping your Account, password, and disclosed information secure. You agree to notify us immediately of any unauthorized access to or use of your Account, user name, Care Receiver User information, or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account so as not to provide third parties with Account credentials. (j) All of the data, text, information, graphics, images, charts, records, Documents, schedules, photographs, profiles, audio and video files, links and other content and materials (collectively, “Data”) that is uploaded, submitted, stored, and/or transmitted through the use of the Website by an End User shall be owned by that End User. (k) You acknowledge and agree that (i) the Website is intended, and is provided by us, as a neutral venue for storing and securely sharing of personal information and protected health care information as defined by Health Insurance Portability and Accountability Act (HIPAA) between End Users; (ii) the services provided by the Website are dependent upon factors that may be outside of our control, including but not limited to, the operation of third party provided hardware and network services; (iii) the information that is available to you via the Website is provided by you or other End Users; (v) there may be occasional communication failures or delays in the delivery or receipt of properly sent information and communications; and (vi) the Website and related services are not medical devices or intended for emergency medical delivery of information and are not expected to perform as such, depending on such third party functionality as your computing device, internet connectivity, and hardware or data storage facilities, cannot guarantee real time or instantaneous delivery, access or transmission of health care and protected health information. (l) We have the right to disable any Account at any time if, in our sole opinion, you have violated any provision of this Agreement or if your continued use of the Website may cause harm to iTrust, other End Users, or to any other third party. (m) We reserve the right to change, suspend, disable, or delete any features or functionality of the Website at any time and without notice. 1. SMS Text Message Updates. (n) By using the Website, you give your consent and authorize us to send SMS text messages to the mobile number you have provided using an automatic telephone dialing system. (o) As part of our Services, we may send you SMS text messages to notify you of: information sent to your Account by us and other End Users. (p) You understand that your mobile phone service provider may charge you fees for text messages that we send you, and you agree that we shall have no liability for the cost of any such text messages. (q) You are not required to authorize SMS text messages to utilize the Website, and you may withdraw your consent at any time. To withdraw your consent, simply change your notification settings in the Website or reply “STOP” to any text message you receive from us. You may also contact us by telephone or send your request to: support@iTrust.io 2. Reservation of Rights; Content. (n) You acknowledge and agree that the Website is provided under license, and not sold, to you. You do not acquire any ownership interest or any other rights in the Website under this Agreement, other than to use the Website in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Except as expressly granted in this Agreement, iTrust reserves and shall retain all rights, title, and interest in the Website and iTrust content, including all copyrights and copyrightable subject matter, trademarks and trademarkable subject matter, patents and patentable subject matter, trade secrets, and other intellectual property rights, both now in existence or that may be created, relating to the thereto. The Website may provide you with access to information, data, functionality and content (collectively, “ITrust Content”) available and/or accessible through or via the Website. Your access to and use of such iTrust content is governed by this Agreement. (o) The Website may make available to you one or more public forums in which you may interact with other End Users. You may have the ability to post information, images, data, and/or other multi-media content (collectively, “End User Public Content”) to such public forums. You hereby grant to iTrust a sole, irrevocable, perpetual, worldwide, fully paid up, royalty free license to utilize any End User Public Content uploaded or posted by you to, or through the use of, the Website. (p) The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Our Copyright Policy is applicable to the Website and is expressly incorporated into this Agreement. Our Copyright Policy is available here: www.iTrust.io/copyright-policy. 3. End User Provided Materials. You acknowledge and agree that iTrust is not responsible for the accuracy, completeness, correctness, timeliness, validity, copyright compliance, legality, decency, formatting, quality, availability, or any other aspect of materials, information of Data uploaded to the Website by you or any End User (collectively, the “End User Provided Materials”). ITRUST DOES NOT ASSUME AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY TO YOU, ANY END USER, OR ANY OTHER PERSON OR ENTITY FOR ANY END USER PROVIDED MATERIALS. 4. Compliance. (n) The Website is designed to allow End Users to manually input End User Provided Materials into the Website for their own use and benefit. The Website is made specifically to provide Health Care Providers with general information about their patients, Care Receiver Users, practice logistics of day-to-day operation to provide care of a Care Receiver User, for convenience of all End Users. The Website therefore functions as an electronic medical records system or a system that stores or transmits Protected Health Information as defined under the Health Insurance Portability and Accountability Act (HIPAA). Furthermore, due to the nature of the Website and services provided by it, the Website is not a Covered Entity however is a Business Associate of a Covered Entity as defined by HIPAA, and is bound by and complies with HIPAA and its privacy rules, (o) If you elect to upload or store any Protected Health Information (whether your own or of any Care Receiver User or any third party), you acknowledge and agree that (i) you have the required authorizations to possess, view, access, and upload such End User Provided Materials (and, if applicable, to share them with the User Circle and any Care Receiver User); and (ii) you are uploading and storing such Protected Health Information you have agreed to a HIPAA Consent Form or a Covered Entity Business Associate Agreement and do so under the terms and conditions thereof, specifically incorporated by reference herein. 5. Collection and Use of Your Information. (n) You acknowledge that when you log-in, download, install, or otherwise use the Website, you may be required to provide certain information about yourself as a condition to logging-in, downloading, installing, accessing, or otherwise using the Website, related services, or its features. iTrust may also use automatic means to collect information about your Computing Device and your use of the Website. Furthermore, the Website may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Website is subject to our Privacy Policy (www.iTrust.io/privacypolicy) which is incorporated herein by reference. By downloading, installing, using, and providing information to or through this Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. (o) iTrust will comply with applicable data privacy laws, data breach laws and industry standards in the United States of America. iTrust and any subcontractors to whom Data is provided shall maintain a comprehensive data security program, which shall include reasonable and appropriate technical, organizational and security measures against the destruction, loss, unauthorized access or alteration of Data in the possession of iTrust or its subcontractors, and which shall be (i) no less rigorous than those maintained by iTrust for its own information of a similar nature, and (ii) no less rigorous than typical security standards in the industry. 6. Geographic Restrictions. The Website and iTrust content are based in the State of Massachusetts in the United States and are provided primarily for access and use by persons located in the United States. While you may have the ability to access the Website from outside the United States, iTrust is NOT responsible for compliance with local laws, customs, or directives outside of the United States. You acknowledge that you may not be able to access the Website or all or some of the iTrust content outside of the United States and that access outside the United States may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you are responsible for compliance with local laws. 7. Updates. iTrust may from time to time in its sole discretion develop and provide Website updates. These updates 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. iTrust has sole discretion to issue updates. You agree that iTrust has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Computing Device settings, when your Computing Device is connected to the internet either: (n) the Website will automatically download and install all available Updates; or (o) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that the Website or portions of the Website may not properly operate should you fail to do so. You further understand and agree that all Updates will be deemed part of the Website and be subject to all terms and conditions of this Agreement. 10. Third Party Materials. The Website may display, include or make available third-party content (including data, information, Websites, and other products, services, and/or materials) or provide links to third-party websites or services (“Third Party Materials”). You acknowledge and agree that iTrust is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. ITRUST 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 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. 1. Term and Termination. (a) The term of Agreement commences when you log-in to the Website and will continue in effect until terminated by you or by iTrust as set forth in this Section 12. (b) You may terminate this Agreement by deleting the Website and all copies from your Computing Device. (c) ITrust may terminate this Agreement at any time, without notice, and for any reason. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. (d) Upon termination: (i) all rights granted to you under this Agreement will be terminated; and (ii) you must cease all use of the Website and delete all copies of the Website from your Computing Device and account. (iii) iTrust shall return any charts or Protected Health Information stored on the Website. (e) Termination will not limit any of iTrust’s rights or remedies at law or in equity. 2. Warranties. (a) iTrust represents and warrants that it has the proper rights and authority to grant the license to you to utilize the Website. (b) You represent, warrant, and covenant that: (i) you shall at all times comply with applicable laws, regulations, and government directives in your use of the Website and in your communication with other End Users and any other third parties via or through the use of the Website; (ii) you have obtained all required permissions and authorizations that may be necessary from all appropriate parties (including, without limitation, each Care Receiver User and, if applicable, each other Care Providers or Covered Entities) in order to use the Website, iTrust content, and End User Provided Materials; (iii) you have obtained and have available, at all times, a valid copy of any written authorization of a Care Receiver User, if necessary, in order for you to possess, view, access, input, upload, download, discuss, and/or share with any other party (including any Care Provider or Covered Entity) that Care Receiver User’s information via or through the use of the Website; (iv) all End User Provided Materials that you input or upload to the Website are either owned by you, or have been lawfully obtained by you, and that you have all of the necessary authorizations from the appropriate parties to possess, view, access, and upload such End User Provided Materials (and, if applicable, to share them with the User Circle and any Care Receiver User); and (v) your use of the Website does not and will not conflict with, or infringe upon, the rights any Care Receiver User, other Care Provider User, Covered Entity, or any third party. 3. Disclaimer of Warranties. (a) THE WEBSITE 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, ITRUST, 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 WEBSITE, 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, ITRUST PROVIDES NO WARRANTY AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, WEBSITES, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. (b) ITRUST DOES NOT PROVIDE, OR FACILITATE THE PROVISION OF, ANY PERSONAL CARE OR HEALTH CARE SERVICES. ACCORDINGLY, ITRUST MAKES NO REPRESENTATIONS AND DISCLAIMS ANY AND ALL WARRANTIES IN CONNECTION WITH ANY TYPE OF CARE SERVICES PROVIDED TO, OR RECEIVED BY, ANY CARE RECEIVER USER. (c) ITRUST ADDITIONALLY MAKES NO REPRESENTATIONS AND DISCLAIMS ANY AND ALL WARRANTIES IN CONNECTION WITH ANY CARE SERVICES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THE ACCURACY, COMPLETENESS, APPROPRIATENESS, RELIABILITY, TIMELINESS, USABILITY, AVAILABILITY, OR ANY OTHER QUALITY OF SUCH ANY SUCH SERVICES) THAT YOU MAY INTERACT WITH THROUGH THE USE OF THE WEBSITE. (d) ITRUST MAKES NO REPRESENTATIONS AND DISCLAIMS ANY AND ALL WARRANTIES AS TO THE SKILL SET, COMPETENCY, AVAILABILITY, OR ANY OTHER QUALITY OF ANY PARTY (INCLUDING ANY END USER) WHO MAY UTILIZE THE WEBSITE IN CONNECTION WITH PROVIDING SERVICES TO YOU OR TO ANY CARE RECEIVER USER. (e) ITRUST MAKES NO REPRESENTATIONS AND PROVIDES NO WARRANTIES OF ANY KIND AS TO THE ACCURACY, COMPLETENESS, APPROPRIATENESS, RELIABILITY, TIMELINESS, USABILITY, AVAILABILITY, OR ANY OTHER QUALITY, OF ANY END USER PROVIDED MATERIALS IN UTILIZING THE WEBSITE. 4. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ITRUST OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE WEBSITE, THE ITRUST CONTENT, OR ANY ASSOCIATED SERVICES FOR: (a) PERSONAL INJURY, WRONGFUL DEATH, PERSONAL OR PROFESSIONAL NEGLIGENCE, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF GOODWILL, BREACH OF PRIVACY, UNAUTHORIZED ACCESS OF YOUR DATA BY THIRD PARTIES, LOSS OF DATA, BUSINESS INTERRUPTION, COMPUTING DEVICE FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; (b) UNDER NO CIRCUMSTANCES WILL ITRUST, OR ANY OF OUR AFFILIATES BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) USE OF THE WEBSITE OR ANY SERVICES OFFERED THEREON, (2) RELIANCE ON ITRUST CONTENT OR END USER PROVIDED MATERIALS BY YOU OR ANYONE USING YOUR PASSWORD, OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (c) IN NO EVENT SHALL ITRUST’S LIABILITY FOR ANY DAMAGES UNDER THIS AGREEMENT, IN THE AGGREGATE, EXCEED THE LESSER OF (1) THE AMOUNT ACTUALLY PAID BY YOU FOR THE USE OF THE WEBSITE WITHIN THE IMMEDIATE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (2) $1,000.00. THIS SECTION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES HEREUNDER. (d) 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. 5. Additional Disclaimers and Limitations of Liability. IN NO EVENT SHALL ITRUST BE LIABLE TO YOU OR TO ANY CARE RECEIVER USER FOR ANY DAMAGES WHATSOEVER THAT ARISE OUT OF, OR THAT ARE IN CONNECTION WITH CARE RECEIVER’S USE OF (OR INTERACTION WITH), ANY HEALTH CARE PROVIDER OF ANY KIND, OR OTHER CARE SERVICES, INCLUDING, BUT NOT LIMITED TO: (a) PERSONAL INJURY OR DEATH, WHETHER INVOLVING YOU, A CARE RECEIVER, OR A THIRD PARTY; (b) ANY ACT OR OMISSIONS OF A PERSON OR PERSONS WHO PROVIDE CARE SERVICES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY SUCH PERSONS. (c) BREACH OF A CARE RECEIVER USER PRIVACY OR CONFIDENTIAL INFORMATION BY ANY END USER OR THIRD PARTY; (d) INABILITY TO ACCESS OR USE (OR ANY DELAYS IN THE USE OF) THE WEBSITE, ANY FEATURES OF THE WEBSITE, ITRUST CONTENT, OR END USER PROVIDED MATERIALS, TO UTILIZE OR OBTAIN HEALTH CARE SERVICES FOR ANY REASON, EVEN IF IT IS DUE TO A MALFUNCTION OF THE WEBSITE; 6. Indemnification. You agree to indemnify, defend and hold harmless iTrust 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 reasonable attorneys’ fees, arising from or relating to: i) your use or misuse of the Website; ii) your failure to comply with any applicable law, regulation, or government directive; iii) your breach of this Agreement; or iv) your agreement or relationship with any Care Receiver User, Health Care Provider, Caregiver, Approved Receiver User, or any third party. Furthermore, you agree that the iTrust assumes no responsibility for the information or content you submit or make available through this Website or the content that is made available to you by third parties. 7. Severability. If any provision of this Agreement 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 this Agreement will continue in full force and effect. 18. Dispute Resolution. (a) You acknowledge and agree that any controversy or claim arising out of, or in any way related to, this Agreement, will be settled exclusively by binding arbitration. Such arbitration proceeding shall be conducted in Miami Dade County, Florida before a single arbitrator, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration award will be valid and binding upon the parties, and judgment may be entered and enforced as a final judgment in any court with competent jurisdiction. (b) Claims by the iTrust for injunctive relief or other equitable relief may be filed in the state or federal courts of Miami Dade County, Florida (or any other jurisdiction selected by iTrust for such action) for an order effective until the conclusion of arbitration and enforcement of the arbitration award. Such claims may be filed without a good faith attempt to resolve the issues underlying such claims. 2. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. 3. You agree that any action, or proceeding that you bring against iTrust arising out of or related to this Agreement or the Website that must be brought in a court of law for any reason shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in Miami Dade County, Florida. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Nothing in this Section 21 shall modify or supplant the dispute resolution methods, including binding arbitration, set forth in Section 19, which is intended to be the preferred and exclusive dispute resolution method among and between the Parties. Furthermore, you acknowledge and agree that iTrust may bring any action or proceeding to enforce this Agreement, and equitable remedies available to it, in any court or venue with jurisdiction. 4. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 5. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and iTrust with respect to the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Website. 6. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern. 7. No Employment or Agency Relationship. No provision of this Agreement, or any part of relationship between you and iTrust, is intended to create nor shall they be deemed or construed to create any relationship between you and iTrust other than that of and end user of the Website and services provided. 8. Equitable Relief. You acknowledge and agree that your breach of this Agreement would cause iTrust irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which iTrust may be entitled, you acknowledge and agree that we may seek injunctive relief to prevent the actual, threatened or continued breach of this Agreement. 9. Headings. The headings in these Agreement are for reference only shall not limit the scope of, or otherwise affect, the interpretation this Agreement. 10. Comments, Concerns and Notifications. The Website is operated by iTrust.io, LLC. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: contact@iTrust.io

1 . When you opt-in to the service, we will send you an SMS message to confirm your signup.

2 . You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

3 . If at any time you forget what keywords are supported, just text “HELP” to the short code. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

4 . We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***

5 . As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive {message frequency}. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to {contact@itrust.io}.

6 . If you have any questions regarding privacy, please read our privacy policy: {https://itrust.io/itrust-private-policy/}