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Terms of use

IN CASE OF A POTENTIAL OR ACTUAL LIFE-THREATENING OR EMERGENCY MEDICAL SITUATION, DO NOT USE THE WEBSITE BUT IMMEDIATELY CALL 911.



PLEASE READ THESE TERMS OF USE CAREFULLY

We have explained certain provisions in case you were unsure as to what they mean.

Still, the terms on the left are legally binding. You must read and understand them to use the Website, Platform and Services.

These Terms of Use are an Agreement between you, CardioCube Corp., a Delaware corporation, the owner of the Website and the Platform (“CardioCube”) and Family Care Network, PLLC, a Washington professional limited liability company, the entity which provides the Services (the “FCN” and together with CardioCube – “we” or “us”).

BY USING THE WEBSITE, PLATFORM AND SERVICES YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE, PLATFORM OR SERVICES.

These Terms of Use (the “Terms of Use”) govern your use of the CardioCube website available at https://cardiocube.com (the “Website”), Virtual Care by CardioCube platform available at https://app.cardiocube.com/login (the “Platform”) as well as services, including telemedicine services, available through the Platform and provided by FCN (the “Services”).

IN CASE OF ANY DISAGREEMENT, YOU WILL HAVE TO ARBITRATE, AND WILL NOT BE ALLOWED TO GO TO A REGULAR COURT OR JOIN A CLASS (GROUP) LAWSUIT.

THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING (SEE ARBITRATION AGREEMENT BELOW).

The Virtual Care by CardioCube Privacy Policy available at https://app.cardiocube.com/privacypolicy (the “Privacy Policy”) is a part of these Terms of Use. Please read the Privacy Policy carefully – it contains a description of CardioCube’s privacy practices and policies, including how CardioCube collects and handles your personal information. By using the Website and/or the Platform you are also accepting the Privacy Policy.

IN CASE OF ANY DISAGREEMENT, YOU WILL HAVE TO ARBITRATE, AND WILL NOT BE ALLOWED TO GO TO A REGULAR COURT OR JOIN A CLASS (GROUP) LAWSUIT.

PLEASE READ CARDIOCUBE’S PRIVACY POLICY – IT IS A PART OF THESE TERMS AND YOU MUST AGREE TO IT AS WELL.

The FCN Privacy Policy is available at the following website (www.familycarenetwork.com/) and is a part of these Terms of Use.  Please read the FCN Privacy Policy carefully – it contains a description of FCN’s privacy practices and policies, including how FCN collects and handles your personal information.  By using the Website, you are also accepting the FCN Privacy Policy.

1. YOUR ACCOUNT

To access the Services you are required to create an account on the Platform (the “Account”) and provide some basic information to us about yourself including your email address, name, date of birth, address, phone number, sex and password. Accurate and complete registration is required to use the Platform and Services.

By creating an account on the Platform and using the Services, you represent that you are over 18 years old and a resident of the State of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee,Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin,Wyoming (each a “Covered State”). Physicians are only licensed to provide the Services in Covered States and if you are not located in a Covered State you may not use the Services.

You are solely responsible for the security of your password and for any use of your Account, including any access to personal information in your Account. If you suspect unauthorized use of your Account, change your password immediately. Allowing any other person or entity to use your identity to use the Website, Platform or access your Account is not permitted.

TO USE THE WEBSITE OR THE PLATFORM YOU HAVE TO BE OVER 18 YEARS OLD AND A RESIDENT OF THE FOLLOWING STATES:
ALABAMA, ALASKA, ARIZONA, ARKANSAS, CALIFORNIA, COLORADO, CONNECTICUT, DELAWARE, FLORIDA, GEORGIA, HAWAII, IDAHO, ILLINOIS, INDIANA, IOWA, KANSAS, KENTUCKY, LOUISIANA, MAINE, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, MISSISSIPPI, MISSOURI, MONTANA, NEBRASKA, NEVADA, NEW HAMPSHIRE, NEW JERSEY, NEW MEXICO, NEW YORK, NORTH CAROLINA, NORTH DAKOTA, OHIO, OKLAHOMA, OREGON, PENNSYLVANIA, SOUTH CAROLINA, SOUTH DAKOTA, TENNESSEE,TEXAS, UTAH, VERMONT, VIRGINIA, WASHINGTON, WEST VIRGINIA, WISCONSIN, WYOMING


YOU ARE RESPONSIBLE FOR YOUR PASSWORD AND INFORMATION ON YOUR ACCOUNT.

You represent that all information you provide on the Platform relates to you and is current, complete, and accurate. You agree to update and maintain such information on the Platform to ensure that it is true, accurate, current and complete at all times.

We reserve the right to revoke or deactivate your Account at any time.

Your use of the Website and the Platform must comply with all applicable federal and state laws, regulations, and ordinances. You may not access the Website, Platform or Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment.




CARDIOCUBE CAN SHUT DOWN YOUR ACCOUNT AT ANY TIME.

2. THE SERVICES

The services on the Platform include scheduling of online consultations (the “Online Consultation(s)”) provided by FCN’s board-certified physicians and Advance Practice Providers (the “Physician(s)”).  8am and 9pm PST on weekdays (Monday-Friday); and 9am and 5pm PST on weekends (Saturday-Sunday).

AN ONLINE CONSULTATION IS NOT THE SAME AS, AND WILL NEVER REPLACE, AN IN-PERSON DOCTOR VISIT. 

We do our best to make the Online Consultations available on demand, seven days a week, between 8am and 9pm PST on weekdays (Monday-Friday); and 9am and 5pm PST on weekends (Saturday-Sunday).. Notwithstanding anything to the contrary, you acknowledge and agree that there may be a certain waiting time for Online Consultations or – in certain rare cases – they may be temporarily unavailable. Do not delay seeking in-person or alternative medical advice in the aforementioned circumstances.

YOU ARE RESPONSIBLE FOR MAKING SURE THAT YOUR INTERNET CONNECTION IS SUFFICIENTLY FAST.

Your access to the Platform and the Services have been contracted and are being paid for by your employer and shall be available to you until we receive a notification from your employer as to the termination of your employment or employer’s payment for the Services. You acknowledge that we can disable your access to the Platform and the Services at any moment.

You may access the Website, Platform and use the Services for personal, but not for commercial purposes.

You understand and agree that CardioCube, FCN and Physicians are not responsible for disconnections or connection quality issues you may experience using the Website and/or Platform as a result of your device’s internet connectivity.

3. MEDICAL SERVICES

By scheduling an Online Consultation you are entering into an agreement with FCN, the provider of Services through the Platform. CardioCube is the operator of the Website, the Platform, and provider of certain administrative services to FCN and does not provide professional medical services.

THE MEDICAL SERVICES ARE PROVIDED BY FCN AND PHYSICIANS, NOT CARDIOCUBE.

By scheduling an Online Consultation you are also entering into a physician – patient relationship with the Physician communicating with you during the Online Consultation.

You understand and agree that Physicians only provide minor non-emergency primary-care medical services. You represent to us that you have a primary care physician and/or you consult with a specialist if your health requires so, and you will continue to consult with your physician and/or specialist despite using the Services.

THE SERVICES ARE ONLY FOR MINOR, PRIMARY CARE, NON-EMERGENCY ISSUES. SEE A DOCTOR WITH ANY NON-MINOR PROBLEM OR CALL 911 IN CASE OF EMERGENCY.

You are solely responsible for the accuracy of medical information you provide on the Platform or during Online Consultations. You understand that the quality and accuracy of the Services depend on the information provided by you and that your failure to provide full and accurate information may result in inaccurate Services.

You agree to engage with Physicians in a respectful manner and to refrain from inappropriate language and behavior.

You understand that management of chronic medical conditions, including medication refills for those conditions, is beyond the scope of services.

THE MORE INFORMATION YOU PROVIDE, THE MORE ACCURATE THE PHYSICIAN’S OPINION IS GOING TO BE.

4. LIMITATIONS OF SERVICES

You understand that Services provided through the Platform are limited due to their remote nature. The Services are not a substitute for diagnosis, treatment, or in-person care from your primary-care physician.

You understand and agree that any Physician is not your primary care physician, and you agree not to use the Website or the Platform as a substitute for diagnosis, treatment, or in-person care from your physician or healthcare provider.

THE SERVICES AND INFORMATION PROVIDED TO YOU THROUGH THE WEBSITE AND THE PLATFORM IS VERY LIMITED DUE TO THE REMOTE CHARACTER OF THE SERVICES.

You understand that if your medical condition warrants emergency help, Physicians will direct you to the nearest local hospital emergency department or emergency room. In this case, we may briefly suspend your right to use the Platform or the Services.

You agree that you do not have a right to expect, demand, or to receive any particular prescription or lab test when using the Services and Physicians may refuse to prescribe you, in their full discretion, any substance or drug, including controlled substances..

You agree to refrain from excessive or inappropriate use of Services, including but not limited to: (i) scheduling multiple Online Consultations for the same issue without a valid medical reason, (ii) scheduling multiple Online Consultations in an attempt to obtain prescriptions refused to you by a Physician during an Online Consultation scheduled for the same issue when you have been advised to seek in-person care; or (iii) any other behavior deemed by us or a Physician to be excessive or inappropriate.

THE SERVICES CANNOT BE USED AS A SUBSTITUTE FOR IN-PERSON MEDICAL SERVICES.

5. PAYMENT FOR SERVICES

You understand that the fee for your use of the Platform and Services has been covered by your employer. The Services are available to you free of charge.

6. YOUR RIGHTS AND OBLIGATIONS

You have the right to withhold or withdraw your consent to any particular Service at any time without affecting the right to future Services. You have the right to know the name of Physician providing Services to you.

You understand that there are risks associated with the Website, Platform and the Services, including: (i) loss of records due to failure of electronic equipment; (ii) loss of power or other technical failures resulting in loss of communication; and (iii) invasion of electronic records by outsiders (hackers).

7. OWNERSHIP OF CONTENT

When you use the Website, Platform or the Services, you do so under a license from CardioCube. Subject to your complete and ongoing compliance with these Terms of Use, CardioCube grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) use the Website; (b) use the Platform ; and (b) access and use the Services through the Platform.

All rights not expressly granted to you in these Terms of Use are reserved and retained by CardioCube or its licensors, suppliers, publishers, rights holders, or other content providers.

You may not use the Website or Platform for any commercial purpose and you may not give this license away to any third party. All right, title, and interest in and to the Website, Platform and Services, together with all related intellectual property rights are the property of CardioCube or CardioCube’s affiliates.

You agree not to infringe CardioCube’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

You agree not to access, attempt to access, or use CardioCube’s data without CardioCube’s permission.Except and solely to the extent such restriction is impermissible under applicable law, you may not: (a) reproduce, distribute or publicly display the content of the Website, Platform or Services; (b) make modifications to the Website, Platform or Services; or (c) interfere with or circumvent any feature of the Website or the Platform including any security or access control mechanism.

Although CardioCube attempts to ensure the integrity and accuracy of the Website and the Platform, CardioCube makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the content on the Website and the Platform. It is possible that the Website and/or the Platform could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Website and/or the Platform by third parties. In the event that an inaccuracy arises, please inform CardioCube so that it can be corrected. Information contained on the Website and the Platform may be changed or updated without notice.

CONTENT ON THE WEBSITE AND THE PLATFORM BELONGS TO CARDIOCUBE – DO NOT COPY OR STEAL IT.

8. COMMUNICATION

When you provide your email during Account registration, you authorize CardioCube to reach out to that particular email address. CardioCube may send you emails concerning its products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions provided in such emails.

You may contact us by email at virtualcare@cardiocube.com

YOU CAN CONTROL THE WAYS WE COMMUNICATE TO YOU AND PROVIDE INFORMATION TO YOU THROUGH THE WEBSITE AND THE PLATFORM.

9. TERMINATION

If you violate any of these Terms of Use, your right to use the Website, Platform and the Services will automatically terminate.

We retain the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Website or the Platform), temporarily or permanently, without notice to you upon being notified of your alleged violation of these Terms of Use, until clarification. We will have no liability whatsoever on account of any change to the Services or any suspension or termination of your access to the Website, Platform or the Services.

Upon termination of your use of the Website or the Platform, your license rights will terminate, and you must immediately cease all use of the Website, Platform and Services. You will no longer be authorized to access your Account or the Services. Sections of these Terms of Use regarding ownership, indemnities, disclaimer of warranties, limitations on liability, and the Arbitration Agreement will survive.

IF YOU VIOLATE THESE TERMS OF USE, CARDIOCUBE WILL SUSPEND YOUR ACCOUNT. CARDIOCUBE MAY SUSPEND THE WEBSITE, PLATFORM AND SERVICES AT ANY TIME.

10. EXCLUSION OF WARRANTIES

THE WEBSITE, PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CARDIOCUBE, FCN, PHYSICIANS, NOR ANY OF OUR LICENSORS MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NEITHER CARDIOCUBE, FCN, PHYSICIANS, NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS. THE WEBSITE, PLATFORM AND SERVICES WERE DEVELOPED FOR USE IN CERTAIN STATES OF THE UNITED STATES, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION CONCERNING THE WEBSITE, PLATFORM OR SERVICES WHEN USED IN THE NON-COVERED STATES OR ANY OTHER COUNTRY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE, PLATFORM OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE AND/OR PLATFORM, WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS.

Specifically, and without limiting the foregoing, we make no representations or warranties about: (i) the accuracy, reliability, completeness, currentness, or timeliness of the content provided on or through the Website or the Platform; or (ii) regulations requiring disclosure of information on prescription drug products, or compliance of any software tools with the Website or Platform. Any location data accessed via the Website or Platform may be inaccurate or incomplete and any use of such data is at your own risk.

The inclusion of Physicians, professionals and specialists on the Website or Platform or in any professional directory on the Platform does not imply CardioCube’s recommendation or endorsement of such individuals nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any individual. SUCH INFORMATION IS PROVIDED ON AN “AS-IS” BASIS AND CARDIOCUBE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARDIOCUBE SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT PHYSICIANS, PROFESSIONALS AND SPECIALISTS ON THE WEBSITE OR PLATFORM.

CARDIOCUBE, PHYSICIANS AND FCN DO NOT PROVIDE ANY WARRANTIES FOR THE SERVICES.

11. LIMITATION OF LIABILITY

CARDIOCUBE, FCN AND PHYSICIANS ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE WEBSITE, PLATFORM OR THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT NEITHER CARDIOCUBE NOR FCN ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR ANY LOSS OF DATA, INCLUDING SUBMISSIONS.

YOU USE THE WEBSITE, PLATFORM AND SERVICES AT YOUR OWN RISK. LIABILITY OF CARDIOCUBE, FCN, AND PHYSICIANS TO YOU FOR DAMAGES CAUSED BY YOUR USE OF THE WEBSITE, PLATFORM AND/OR SERVICES IS LIMITED.

To the fullest extent permitted by law, in no event will CardioCube, FCN, or Physicians, be liable for any personal injury, including death, attributable to or caused by your use or misuse of the Website, Platform, and/or Services. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use. You expressly agree that Physicians are third party beneficiaries under these Terms of Use and may enforce the rights hereunder, including limitation of liability rights.

NEITHER CARDIOCUBE, FCN, PHYSICIANS, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF WE KNOW OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THESE LIMITATIONS APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. EXCEPT AS PROVIDED IN THE ARBITRATION AGREEMENT, NEITHER US, PHYSICIANS, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT TO ANY USER FOR ANY CLAIMS (IN AGGREGATE OVER ALL TIME) FOR MORE THAN 50,000.

IN THE EVENT WE WITHDRAW YOUR ACCESS TO THE WEBSITE, PLATFORM AND SERVICES AS PER INSTRUCTIONS OF YOUR EMPLOYER, YOU AGREE TO SEEK LEGAL RECOURSE SOLELY AGAINST YOUR EMPLOYER.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless CardioCube, FCN, affiliates, licensors, and service providers thereof, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, including Physicians, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, Platform and/or Services, including, but not limited to, your use of the Website’s or Platform’s content other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website or the Platform.

IF ANYBODY SEEKS TO RECOVER ANY SUMS FROM US BECAUSE OF YOUR IMPROPER USE OF THE WEBSITE, PLATFORM OR SERVICES, YOU WILL BE SOLELY RESPONSIBLE TO PAY ANY SUCH SUMS.

13. RIGHT TO MODIFY

We retain the right, at sole discretion, to implement new elements as part of and/or ancillary to the Website and/or Platform, including changes that may affect the previous mode of operation of the Website or the Platform.

We may amend and/or otherwise modify these Terms of Use at any time to appropriately represent our current policies. We will notify you of any changes to these Terms of Use by sending a notice to the email address you provided to us during registration. Any such revisions will take effect one week after the posting. You understand and agree that your continued access or use of the Website or the Platform after such change signifies your acceptance of the updated or modified Terms of Use.

WE MAY CHANGE OR UPDATE THE WEBSITE, PLATFORM, SERVICES OR THESE TERMS OF USE AT ANY TIME.

14. PROHIBITED USE

In using the Website, Platform and Services, you agree not to:

Circumvent or attempt to circumvent any security measures of the Website and/or the Platform;

Attempt to obtain personal information, or collect information about users of the Website and/or the Platform;

Reverse engineer or otherwise attempt to discover the source code of any portion of the Website and/or the Platform;

Interfere with the operation of the Website and/or the Platform or any user’s enjoyment of the Website and/or the Platform, including by: (a) uploading or otherwise any disseminating virus, adware, spyware, worm, or other malicious code; (b) interfering with or disrupting any network, equipment, or server;

Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

Manipulate or otherwise display the Website and/or the Platform by using framing, mirroring or similar navigational technology; or

Violate any applicable laws or regulations or these Terms of Use.

15. GENERAL TERMS

These Terms of Use together with other agreements referenced herein (including the Privacy Policy), are the entire agreement between you and CardioCube relating to the Website, Platform and Services. Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain feature of the Services that we may post on the Platform.

We may assign these Terms of Use at any time without notice or your consent.

If we choose not to enforce any provision of these Terms of Use, we retain the right to enforce it in the future. This means that the failure to enforce any provision of these Terms of Use does not constitute a waiver of that provision.

If any provision in these Terms of Use is found to be unenforceable, that provision and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.

This agreement is governed by law of the State of Washington, excluding any choice-of-law rules. ANY DISPUTE RELATING TO THIS AGREEMENT WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AGREEMENT (SEE ARBITRATION AGREEMENT BELOW). Nothing in these Terms of Use limits your ability to seek equitable relief.

IF YOU ARE DISSATISFIED WITH THE WEBSITE, PLATFORM OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE. Customer support will be provided to you by contacting us at support@cardiocube.com or by filling out the “Contact Us” form available on your Account. We will use commercially reasonable efforts to respond to any inquiry within 24 hours, however in exceptional circumstances we may need additional time in which case we will separately inform you on when you can expect a response from us. In instances where we may offer support, the support will be subject to published policies.

16. ARBITRATION AGREEMENT

These Terms of Use require the use of arbitration to resolve disputes and also limits the remedies available to you in the event of a dispute. Most concerns can be resolved quickly by contacting our support department at legal@cardiocube.com. In the unlikely event that we are unable to resolve a legitimate legal complaint, we each agree to resolve disputes through final and binding arbitration or small claims instead of in courts of general jurisdiction. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU, CARDIOCUBE AND FCN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

This Arbitration Agreement (the “Arbitration Agreement”) is an inseparable part of these Terms of Use and, for the avoidance of doubt, covers and applies to all claims against CardioCube, FCN, and/or Physicians.

Before filing a claim, you agree to make a good faith effort to try to resolve any dispute informally by contacting legal@cardiocube.com and responding promptly to any related communications. If a dispute is not resolved within 30 days of initial submission, you or we may bring a formal arbitration proceeding.

Any arbitration proceedings shall be conducted by the American Arbitration Association (“AAA”) under its rules and procedures applicable at that time, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement. You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the AAA’s website. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. Arbitration shall be held in the State of

Washington or at another mutually agreed location. If the reasonable value of the relief sought is $25,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator’s discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.

Notwithstanding the foregoing, nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute (“Notice”). The Notice to us should be addressed to: legal@cardiocube.com The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought and the specific applicable legal basis for the requested relief (“Demand”). You agree to make good faith efforts to resolve the claim directly, however, if we do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing.

If you do not wish to resolve disputes by binding arbitration, you may opt out of this Arbitration Agreement within 30 days after the date that you agree to these Terms of Use by sending an email to legal@cardiocube.com that specifies: your full legal name, email address associated with your account, and a statement that you wish to opt out of this Arbitration Agreement.

WE AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS”. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON’S OR PARTY’S CLAIM, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then the entire Arbitration Agreement shall be null and void. You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Website, Platform or Services or otherwise under these Terms of Use must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claims.

YOU AGREE TO RESOLVE ALL DISPUTES BY WAY OF ARBITRATION, WHICH IS A CONFIDENTIAL ALTERNATIVE TO COURT PROCEEDING. YOU WAIVE (LOSE) YOUR RIGHT TO A TRIAL BY JURY AND TO FILE A CLASS (GROUP) ACTION.