LOTUS WOMEN’S HEALTHCARE WEBSITE TERMS OF SERVICE

Welcome to the Lotus Women’s Healthcare Website. These Terms of Service form a legal agreement between you and Magdala Beauvil, DO, PLLC and govern your access to and use of the Site. Please read these Terms carefully. IF YOU ACCESS THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE A LICENSE TO USE THIS SITE, AND YOU MUST LEAVE THIS SITE BY CLOSING YOUR BROWSER WINDOW.

These Terms apply to all visitors, users and others who access or use the Site. By using the Site, you represent that you are at least eighteen (18) years of age. This Site has no content for children under 13.

Certain pages or areas of the Site may be subject to supplemental terms and conditions linked or posted on those pages or areas, and those supplemental terms are hereby expressly incorporated herein by reference.

A. Scope of License.

Subject to your agreement and compliance with these Terms, Company grants you a limited, personal, non-exclusive, non-transferable, revocable right to use the Site and features provided herein solely in connection with the purposes for which the Site and its features were designed. You agree that all features of the Site may not work well or at all on any particular device or computer.

B. Information That You Provide

We value the privacy of your information and comply with applicable privacy laws in processing the information you provide us. Our Site may include functionality that permits you to communicate with us or send us information. For example, you may ask questions, submit job applications, sign up for updates, or use other interactive features. Whenever you interact with us and provide us information, we may collect that information (including your name, contact information, company name, and technical information provided by your device such as IP address). We may use this information to respond to your request or communication, improve our Site and services, comply with law, create aggregated or statistical data, and for other purposes. If we make significant changes to our information use policy, we try to use appropriate efforts to notify you.

You hereby consent to receive messages and communications via email, phone call, text/SMS to a number that you provide, or any other appropriate communication method regarding your use of the Site or your membership with us (if you have one).

This section only applies to general visitors to our website and it may not apply to you if we have a separate contractual relationship with you or your organization.

C. User Obligations; Restrictions.

You agree to abide by all applicable local, state, national and international laws and regulations with respect to your use of the Site and not interfere with the use and enjoyment of the Site by other users or with Company’s operation and management of the Site. You shall not: (1) distribute the Site to others; (2) rent, lease, sell, sublicense or otherwise grant anyone else rights in the Site; (3) attempt to decompile, reverse engineer, disassemble or otherwise derive the source code of the Site; (4) modify the Site or combine its code with any other code; (5) use the Site for harassment, threats, abuse, obscene or offensive uses, spam, deceit, cyberattack, or any other malicious or illegal conduct; (6) use the Site to infringe or violate the rights of anyone else; (7) transmit to us any information you are not authorized to provide.

D. Ownership.

The Site and its contents are temporarily licensed to you, and they are not sold or transferred. Company reserves all rights not expressly granted in these Terms. The Site, its content, text, images, look and feel, branding and all other material are the property of Company and are subject to copyright, trademark and other intellectual property laws. You may not reproduce or keep any portion of the Site unless we consent in writing. The use, downloading, modification or reproduction of any or all images, graphics, symbols, logos, and audio, video, animation and text documents in any file format and in any combination require our prior written consent and is otherwise prohibited.

E. No Liability for Content.

Company shall not be obligated to correct or update the Site or its content, and Company shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Site.

F. Third Party Content, Services and Links.

As a convenience to you, our Site may contain links to third-party web sites or services that are not owned or controlled by Company. ALL THIRD PARTY CONTENT MADE AVAILABLE ON OR THROUGH THE SITE IS PROVIDED “AS IS”, WHICH YOU MAY ACCESS SOLELY AT YOUR OWN RISK, AND COMPANY SHALL HAVE NO LIABILITY TO YOU FROM SUCH ACCESS.

G. Service Providers

We intend the Site to provide a convenient hub from which our patients may access certain patient-related services, such as the ability to book appointments. These services and functionalities are provided through third party service providers. We acknowledge our responsibility to comply with applicable laws and regulations when engaging service providers, including HIPAA compliance for access to the protected health information of patients. For more details, please refer to the business associates section of our HIPAA Omnibus Notice of Privacy Practices, linked from our website or provided to you upon request. You agree that Company will not be responsible to you or anyone for any acts, omissions or violations of our service providers and that any claims relating to these services must be pursued against the service providers directly.

H. Google Analytics.

We use internet analytics tools such as Google Analytics to improve our understanding of how visitors interact with us online. We do not send your personal information to Google. Google places a ‘cookie’ file on your computer and uses that cookie to collect and aggregate data from you when you interact with our website. Google, which may have a profile of you from its other sources that we do not receive, provides us with an aggregated, anonymous report about our visitors, their demographics such as age or location, and their behavior while on the website. We may use the information to understand our user base, tailor our outreach efforts, and improve our Site and our offerings. Please click the following link for more information about Google’s collection and processing of your data as part of Google Analytics at the following link:

http://www.google.com/policies/privacy/partners/.

I. Privacy Policy

Our Privacy Policy is available on our website www.lotuswomenshealthcare.com, as such site and policy may be updated from time to time but accessible from our home page at [HOMEPAGE LINK] or as we may otherwise notify you. You agree that Company may collect, use and disclose information and data as described in the Privacy Policy and that is gathered periodically to facilitate the provision of software updates, product support and other services to you related to the Online Service or any of its features.

J. Suspension; Termination.

We reserve the right to change, suspend, disable or terminate your access to the Site at any time for any reason and without notice, with no liability or responsibility to you. You may terminate your obligations hereunder by ceasing all use of the Site and deleting any content you obtained from the Site. Your breach of these Terms automatically terminates this Agreement and may subject you to civil and criminal penalties under applicable law, including copyright infringement.

K. Internet Disclaimer.

Use of the Internet and the Site is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. Company does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Site over the Internet or other communication network.

L. DISCLAIMERS; NO LIABILITY

THE SITE IS AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT A WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR NEEDS.

COMPANY SHALL NOT BE LIABLE TO YOU OR ANYONE FOR (1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES, REGARDLESS OF THEORY OR CAUSE OF ACTION (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), OR (2) ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH COMPANY DOES NOT HAVE DIRECT CONTROL. THIS IS TRUE EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. COMPANY SHALL HAVE ZERO ($0.00) LIABILITY TO YOU FROM YOUR USE OF THE SITE, OR IF ZERO LIABILITY IS NOT PERMITTED BY APPLICABLE LAW, THEN OUR TOTAL CUMULATIVE LIABILITY TO YOU SHALL BE CAPPED AT FIFTY DOLLARS ($50.00).

You agree to indemnify and hold Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Company by any third party due to or arising out of or in connection with your use of the Site.

M. Governing Law.

The laws of the State of New York (other than rules that would apply the law of other states) govern these Terms and your use of the Site. Your use of the Site may also be subject to other local, state, national, or international laws. The exclusive jurisdiction and venue for any actions that you bring against Company relating to your use of the Sites shall be the courts located in or having jurisdiction over Nassau County in the State of New York. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. UNLESS PROHIBITED BY YOUR JURISDICTION, YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN OR CONSOLIDATE YOUR CLAIMS AGAINST COMPANY WITH THE CLAIMS OF THIRD PARTIES.

N. Amendments.

Company may update these Terms at its discretion and from time to time. It is your responsibility to review these Terms fully and to continue using the Site only if you agree to these Terms. Company may notify you of minor updates to these Terms via email or web notification, and for more significant changes, we may require you to accept such change by a click or other action before you are permitted to continue using the Site (for example, via a pop-up screen or popover message). Your continued use of the Site constitutes your consent to all amendments made to these Terms, and you must consent to all updates in order to continue using the Site.

O. DMCA

Requests or notifications such as copyright takedown requests under the DMCA (Digital Millennium Copyright Act) or domain-related complaints under UDRP (Uniform Dispute Resolution Policy) must also be notified to us by writing to [email protected].

P. Legal; Contact Us.

These Terms constitute the sole and entire agreement between you and Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties. If you have questions or requests regarding these Terms, you may direct them to us by writing to [email protected]

Q. Prohibition on Sharing of Personal Information.

The Site is not designed for compliance with any industry-specific regulations, including without limitation, the Federal Information Security Management Act (FISMA), the Gramm-Leach-Bliley Act (GLBA), or others. If your interactions or Contributions would be subjected to such laws, you may not use this Site. You are also expressly prohibited from sharing, uploading, or otherwise providing any patient information, including any protected health information and any personally identifiable information, and you hereby agree not to provide any such information to us on the Site. We reserve the right to delete all such information and other content that may violate these Terms of Use, immediately and without any notification, compensation, or other liability to you. We may also immediately suspend or terminate your access to use the Site if you share any such information or content. You agree to indemnify and defend us (including reimbursing our attorney’s fees) if we incur any risk, damages, costs, settlements, penalties, liability or any other losses if you violate this paragraph.

R. Not a Patient Portal.

The Site is not a patient portal, even if it contains certain information similar to that which might appear in an electronic medical record (“EMR”). All information that appears on the Site is informational only, and the Site is not intended or designed to be a designated record set or to provide accurate or reliable access to any user’s medical record. You shall not use the Site as a substitute for an EMR or for any treatment purposes. You agree that Company shall have no responsibility to make all or any portion of any medical record available through the Site, and you stipulate and agree that it may be technically or otherwise infeasible for Company to comply with any such request for a medical record through the Site, which was not designed to hold medical records or EMR data. You acknowledge that information provided through the Site may be materially incomplete and inadequate for your purposes. You agree to contact your provider directly for any medical record access requests, including without limitation for any official purposes or for treatment.