Please read the following Subscription Agreement (“Terms”) carefully. These Terms govern Your access to and use of the Bestdoc.com, Inc. ("BestDoc", “we”, “our” or “us”) Services as a Health Services Provider User. Website Users’ and Services Users’ access and use of the Services is governed by the Terms of Service.

If You are an individual and You access or use the Services on behalf of a company, organization, principal, or other entity, including, but not limited to, Your employer (each, together with its affiliates, an "Organization") or the Organization pays fees due in connection with Your access to or use of the Services (or reimburses You for payment of such fees), then: (a) these Terms are an agreement between us and You and us and the Organization; (b) You represent and warrant that You have the right and authority to bind the Organization to these Terms (and if You do not have the authority, You may not access or use the Services); (c) Your acceptance of these Terms will bind the Organization to these Terms; (d) Your individual right to access and use the Services may be suspended or terminated (and ownership and administration of Your account may be transferred) if You cease to be associated with, or are suspended or terminated by, the Organization; (e) we may disclose information regarding You and Your use of the Services, to such Organization, or to appropriate individuals associated with the Organization; and (vi) the terms “You” and “Your”, as used in these Terms, refer to both You and the Organization.

SECTION 14 "WAIVER OF RIGHTS TO JURY TRIAL, CLASS ACTION, AND PRIVATE ATTORNEY GENERAL ACTION" CONTAINS A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND CLASS ACTION LAWSUIT THAT AFFECT YOUR LEGAL RIGHTS. Please follow the instructions in Section 14(d) below if You wish to opt out of this provision.

“Claims” means loss(es), costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, interest, penalties, liens, encumbrances, security interests, settlements, judgments, attorney’s fees, disbursements, and other expenses that are asserted against, imposed on, or incurred or suffered by a party

“Health Services” means the professional services related to prevention, diagnosis, treatment, or cure of a health condition, illness, or injury.

“Health Services Provider” means the Organization, staff (including, but not limited to, administrator, call center, front desk/receptionist, manager, and operator), and the licensed Health Services professional and/or health care provider (as defined by HIPAA) registered for an account in the Services to provide health and medical-related services to Services Users.

“HIPAA” means the Health Insurance Portability and Accountability Act of 1996, as amended and its implementing regulations.

“Platform” means the Website and mobile application that provide the Services.

“Services” means BestDoc’s Platform and the services provided thereon, including, but not limited to, searching, appointment scheduling, communication, and payment related to services provided by Health Services Providers.

“Services User” means an individual who creates an account to receive Health Services from one or more Health Services Provider.

“Subscription Fee” or “Subscription Fees” means the money charged to Your account for Subscription Plan selected by You, as described in the Price page or otherwise communicated by us. All Subscription Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You are solely responsible for payment of all such taxes, levies, or duties.

“Taxes” means local, state, provincial, federal or foreign taxes, withholding taxes, levies, duties or similar governmental assessments of any nature, including, but not limited to, value-added taxes, excise, use, goods and services taxes, consumption taxes or similar taxes.

“Third Party Links” means links and other content provided by third parties through the Services.

“Third Party Services” means services, products, and/or technology not owned and operated by BestDoc that is integrated into the Services.

“You” or “Your” means a Health Services Provider, as applicable.

“Website” means www.BestDoc.com.

Certain features of the Services may be subject to additional guidelines, terms, rules, or policies, provided by us or a third party that will be posted in connection with such features. All such additional guidelines, terms, rules, and policies are incorporated by reference into, and made a part of, these Terms. Our use and disclosure of Your patients’ protected health information as defined by HIPAA (“PHI”) is governed by the HIPAA business associate agreement (“BAA”) between us and You. In the event of a conflict between the BAA and these Terms, the BAA shall take precedent to the extent there is a conflict between the agreements.

We may provide functionality for You to pay us for advertisement or sponsor Services Content about your practice on the Services (“Sponsored Health Services Providers”) that is displayed in search results or elsewhere in the Services. Search results including Sponsored Health Services Providers are conspicuously labeled as “Sponsored” or “Paid Ad” in the Service. You understand and agree that BestDoc does not provide, and Services Content does not constitute a referral, recommendation, or endorsement of any particular Health Services Provider or any advice or services.

(a) Term. For an Organization or Health Services Provider, these Terms will be effective on the date the first Health Services Provider account is created, which will also be the first day of the billing cycle for the Organization, and will remain in full force and effect on an annual basis until all Health Services Provider accounts are deleted or until we terminate all Health Services Provider accounts affiliated with the Organization in accordance with the provisions of these Terms (the first twelve (12) month period being the “Initial Term” and any subsequent twelve (12) month period being a “Renewal Term”, and collectively, the “Term”). UNLESS YOU CHANGE OR CANCEL YOUR SUBSCRIPTION PRIOR TO EXPIRATION OF THE INITIAL TERM OR CURRENT RENEWAL TERM, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A SUBSEQUENT RENEWAL TERM ON THE SAME SUBSCRIPTION PLAN AND FOR A SUBSEQUENT TWELVE (12) MONTH TERM. All Renewal Terms are subject to the applicable Services continuing to be offered and will be subject to the then-current Services Fees applicable to the renewed Services.

(b) Termination. You can terminate these Terms as they relate to You by deleting Your account. For an Organization, all accounts must be deleted or unsubscribed to terminate these Terms. BestDoc reserves the right to terminate or suspend Your account, the Organization, and/or our Services to You at any time and for any reason upon notice to You. If we terminate or suspend Your account without cause, we will refund a prorated portion of Your monthly or annual prepayment (as applicable). We will not refund or reimburse You if we terminate Your account for cause, including (without limitation) for a violation of these Terms. If You do not log in to Your account for twenty-four (24) or more months, we reserve the right to designate Your account as "inactive" and delete Your account. For an Organization, if all accounts have not logged in for twenty-four (24) or more months, we reserve the right to designate the Organization as "inactive" and delete all accounts affiliated with the Organization. In the event of termination of Your account or Organization, You are responsible for maintaining a backup or downloading all necessary information from Your account before it is permanently deleted.

(c) Effect of Termination. Upon termination of these Terms, Your right to use the Services will automatically terminate with immediate effect. Upon termination of Your account, unless otherwise agreed to by us and You in a BAA, You will have ninety (90) days to download all information and data associated with Your account before it is permanently deleted. Except where an exclusive remedy may be specified in these Terms, the exercise by either party of any remedy, including, but not limited to, termination, will be without prejudice to any other remedies it may have under these Terms. All sections of these Terms which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.

(a) Health Services Providers Subscription. When an Organization creates its first Health Services Provider account, the Organization must select the services and features package it would like to utilize, including for its affiliated Health Services Provider accounts linked to the Organization (described here) (the “Subscription Plan”). You expressly acknowledge that downgrading Your Subscription Plan may cause the loss of features or other capabilities of Your account, and that BestDoc does not accept any liability for such loss. To change Subscription Plan, You, acting as the administrator for the Organization, must use the Change Subscription plan feature in Your Profile, under Setting. We may make available certain features of the Services free of charge or a free Subscription Plan subject to Your agreement to these Terms. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ANY SERVICES PROVIDED DURING A FREE TRIAL PERIOD OR UNDER A FREE SUBSCRIPTION PLAN IS PROVIDED "AS-IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR INDEMNITIES.

(b) Limited Use. The Services provide an online venue that Services Users and Website Users can use to engage with You for certain medical or health-related services and products. The Services are limited to enabling Services Users, Website Users, and Health Services Providers to connect, while the services rendered by You are solely Your responsibility.

(c) Disputes Among Users. If there is a dispute between You and a Services User, another Health Services Provider, or Website User, or between You and any third party, You agree that BestDoc is not responsible for resolving or otherwise being involved in the dispute, which may include, but is not limited to the quality of services provided by a Health Services Provider, payment for services by a Services User or Website User to a Health Services Provider, and reviews of a Health Services Provider by a Services User or Website User (except as otherwise described in these Terms). In the event You have a dispute with a Services User, Website User, or Health Services Provider, You release BestDoc and its directors, officers, employees, agents, and successors form claims, demands, and damages or loss of any kind or nature, known or unknown, arising out of or related to such disputes and/or the Services.

(d) Forums. You are solely responsible for any User Feedback (defined below) You post or display on the Services or transmit to other users through the Services, whether in the form of one-on-one discussion, a forum, or any other means. BestDoc does not control, endorse, or approve, and is not responsible for, any such content posted or delivered to or through the Services. We are not obligated to prescreen postings or communications to or from other users, and we do not regularly review, monitor, delete, or edit such content delivered to and through the Services. We may choose, in our sole discretion, to review, monitor, delete, or edit any such content. You agree that any User Feedback or communications made by You in one-on-one discussion, forum, or the like will not contain: (i) any personally identifying details of any other person without their express written permission; (ii) any advertisement, promotional materials, spam, surveys, or contests without our express prior written consent; (iii) any conduct, material, or links to material, that could be considered harmful, obscene, pornographic, indecent, violent, abusive, profane, insulting, threatening, harassing, degrading, intimidating, racist, bigoted, hateful, or otherwise objectionable; (iv) any statement or content that harasses, threatens, intimidates, or stalks another party; (v) any expressions of bigotry, racism, hatred, or profanity; (vi) any defamatory, false, or libelous material; (vii) information that promotes illegal activities; (viii) content that infringes or violates any intellectual property or other rights of any person or entity; or (ix) information that is false or misleading including content or statements that impersonate another person or entity, adopt a false identity, manipulate or forge identifiers, or otherwise disguise the origin of any posting.

(e) Processing a Health Care Payment through the Services. If a Services User utilizes the Services to pay You, we will process the payment through our third party payment processor. You represent and warrant that you will include accurate and current pricing information (“Payment Obligation Information”) (i.e., copayment obligation). You agree that we are not responsible for Payment Obligation Information, or any errors, omissions, or typographical or formatting issues related to the display of such Payment Obligation Information. You release us from any obligation, responsibility, or liability for the collection or receipt of any paid or unpaid amount of the Service Users payment obligation. If You utilize our payment processing Services, BestDoc may process Your payment, and may do so in collaboration with our payment processing partner - You may be required to accept the terms of use and privacy policy of our payment processing partner - You can access Stripe’s Terms of Services at https://stripe.com/us/checkout/legal;

(a) Your Account. You are required to create an account in order to access and use all features of the Services available to You as a Health Services Provider or Organization. When You create an account in the Services, You represent and warrant that all account information provided by You is true, accurate, complete, up-to-date, and solely Yours. You may not impersonate, imitate, or pretend to be somebody else when creating an account. If any of Your information changes, You must promptly update it. We shall have no liability associated with or arising from Your or another Health Services Provider’s failure to maintain accurate, complete, or up-to-date information within an account. We are not responsible for verifying Your account information. You are solely responsible for maintaining the confidentiality of Your account login information (username and password) and are fully responsible for all activities that occur under Your account. You agree not to give or make available Your account information that You use in connection with the Services to any unauthorized individual(s). If You believe Your account login information has been lost, stolen, or that someone may attempt to use them, You must notify us immediately at the contact information set forth at the end of these Terms. BestDoc cannot and will not be liable for any loss or damage arising from Your failure to comply with these requirements. BestDoc reserves the right to deny You access to the Services if we believe Your account information has been or may be used by an unauthorized party. Your account may be restricted or terminated for any reason, in BestDoc’s sole discretion.

In addition to BestDoc’s rights to suspend or terminate any user’s account under these Terms, BestDoc may suspend or terminate Your account in the event BestDoc learns that Your licenses, certifications, and/or registrations required by law or regulation to practice or provide the services offered have been suspended or revoked, or if You have been added to the U.S. Department of Health and Human Services Office of the Inspector General Exclusion database. BestDoc may also suspend or terminate Your account, in BestDoc’s sole discretion, if it determines You have engaged in unprofessional conduct.

You are prohibited from using the Services: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (v) to cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Services, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (vi) to attempt to gain unauthorized access to or impair any aspect of the Services, or the related systems, servers, or networks; (vii) for resale, time-sharing or other similar purposes; (viii) to stalk, harass or harm another individual; (ix) to impersonate any person or entity, or otherwise misrepresent Your affiliation with any person or entity; (x) to use any portion of the Services in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity; (xi) to decompile, reverse engineer, jeopardize the correct functioning of the Services, disassemble the Services, or otherwise attempt to derive the source code of the software that enables or underlies the Services, except as may be permitted by applicable law; or (xii) use the Services, directly or indirectly, to engage in any anti-competitive acts or practices, including but not limited, to violating antitrust, competition, anti-kickback, or consumer protection laws or regulations. You agree to comply with all laws, rules, and regulations that directly apply to You and Your Organization (as applicable) and the use of the Services, including, but not limited to as applicable, laws regarding the provision of health or medical services, workplace safety, and insurance; intellectual property laws; import and export laws; anti-corruption laws; laws related to privacy and data security, and the U.S. Foreign Corrupt Practices Act.

The Services and Services Content (defined below) are provided to You as a convenience and for Your information only. Your use of the Services is at Your own risk. BestDoc does not warrant or represent that: (i) any services or offerings, insurance related information, or other materials, documents, recommendations, images, graphics, logos, design, audio, video, and any other information provided from or on the Services by BestDoc, on Your behalf or otherwise, (collectively, the “Services Content”) are accurate or complete; (ii) the Services Content is up-to-date or current; (iii) BestDoc has any obligation to update the Services Content; (iv) the Services Content is free from technical inaccuracies or programming or typographical errors; (v) the Services Content is free from changes caused by a third party; (vi) Your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; or (vii) any information obtained in response to questions asked through the Services is accurate or complete.

(a) Subscription Fees. You agree to pay the applicable Subscription Fees listed on and in accordance with the Price page associated with Your Subscription Plan or as otherwise communicated to you in writing by us. You must pay the Subscription Fees in United States Dollars. Subscription Fees are due on the first day of Your Term, or on a monthly basis, based on the term You have selected. If You do not pay Your Subscription Fee when due, then BestDoc may suspend Your account and all accounts associated with Your Organization until such Subscription Fee is paid.

(b) Taxes. Subscription Fees invoiced pursuant to these Terms do not include, and may not be reduced to account for, any Taxes. You are responsible for paying all Taxes imposed on the Services or any other services provided under these Terms. If BestDoc has a legal obligation to pay or collect Taxes for which You are responsible under these Terms, the appropriate amount shall be computed based on Your address listed in Your account profile, and charged to and paid by You, unless You provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.

(c) Late Payment. Except for Subscription Fees that the You have successfully disputed, the balance of any unpaid Subscription Fees shall bear interest of 1.5% per month, or the greatest amount permitted by applicable law, after the payment due date. You shall also reimburse BestDoc for all reasonable costs incurred in collecting any late payments, including, without limitation, attorneys’ fees.

(d) Increase of Services Fees. We may increase the Subscription Fees applicable to Your Subscription Plan by providing You with notice thereof through the Services, at least (30) calendar days prior to Your Renewal Term. If You do not agree to the increase of Subscription Fees, You must delete Your account before such increase in Services Fees becomes effective.

(e) Billing. Subscription Fees are billed to You on a monthly or annual basis, as specified by Your Subscription Plan. Subscription Fees will be automatically billed to Your payment method on file for each Renewal Term unless You terminate in accordance with Section 4(b). We utilize a third-party payment processor to collect and process Subscription Fees. You agree to provide accurate and complete payment information so that BestDoc and our payment processor can complete the payment. By providing a payment method, You hereby represents that: (i) You are authorized to use the provided payment method; (ii) the payment method information is true and accurate; and (iii) You authorize BestDoc to charge You (or Your Organization) using the provided payment method, including on a recurring basis. You may be required to accept the terms of use and privacy policy of our payment processing partner with respect to the Subscription Fees. Currently, we use Stripe, Inc. as our payment processing partner. You can access Stripe’s Terms of Services at https://stripe.com/us/checkout/legal.

(a) BestDoc Intellectual Property. Excluding any User Feedback that You may provide and any intellectual property owned by third parties (e.g., an Organization), You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in the Services and Services Content are owned by BestDoc. Neither these Terms, nor Your access to the Services, transfers to You or any third party any rights, title, or interest in or to such intellectual property rights. BestDoc reserves all rights not expressly granted in these Terms. There are no implied licenses granted under these Terms.

(b) License. Subject to these Terms, BestDoc grants You a non-transferable, non-exclusive, revocable, and limited license to use and access the Services to provide health-related services to Website Users and Services Users. The rights granted to You in these Terms are subject to the restrictions in these Terms.

(c) Feedback. The Services may now or in the future permit You to upload or post to the Services or otherwise submit to us in various forms of content (not related to creating your public profile on the Services, e.g., tradename, trademark, logo, etc.), such as reviews, ratings, feedback, questions, comments, and suggestions (collectively, “User Feedback”). We do not claim ownership in Your User Feedback. However, by submitting any User Feedback, You hereby grant (and You represent and warrant that You have the right to grant) to BestDoc an irrevocable, non-exclusive, royalty-free, and fully-paid license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your User Feedback in any manner BestDoc deems appropriate. You will not have or obtain any rights in or to any form, media, or technology incorporating any of Your User Feedback. You agree that You will not submit to BestDoc any information or ideas as part of User Feedback that You consider to be confidential or proprietary. You further acknowledge that BestDoc will be entitled to unrestricted use of the User Feedback for any purpose whatsoever, commercial, or otherwise. You are solely responsible for Your User Feedback and assume all risks associated with Your User Feedback, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of User Feedback that personally identifies You or a third party. BestDoc cannot guarantee any confidentiality with respect to any User Feedback. We reserve the right (but have no obligation) to review any User Feedback, and to investigate and/or take appropriate action against You in our sole discretion if You violate these Terms or otherwise create liability for us or any other person.

(d) Your Intellectual Property. As between You and us, You shall own all data as uploaded or otherwise input into the Service (“Your Data”), and all intellectual property rights therein. You hereby grant to us a worldwide, perpetual, non-exclusive, royalty-free license during the Term of these Terms to aggregate Your Data and to use Your Data as so aggregated, solely for our internal use for the purpose of improving and optimizing the Services, and only so long as any such aggregation of Your Data is anonymized and omits any of Your Data that would enable the identification of You, Your patients, or any individual, company, or organization therefrom. During the Term, You grant to us the right to use Your Data to provide feedback to You concerning Your use of the Service.

(e) Publicity. You and the Organization grant us the right to use Your and the Organization’s service marks, trade names, logos, symbols, and/or brand names on our Website and in our marketing materials.

(a) DMCA Claim. If You believe that another user of the Services is unlawfully infringing copyrighted material(s), and wish to have the allegedly infringing material(s) removed, You must provide notice to our Copyright Agent at support@bestdoc.com. Please ensure that Your notice includes: (i) identification of the copyrighted work(s) claimed to have been infringed; (ii) identification of the supposedly infringing material that is to be removed; (iii) information reasonably sufficient to permit us to locate the material on the Services; (iv) Your address, telephone number, or email address; (v) a statement that You have a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law; (vi) a statement that, under penalty of perjury, the information in the notification is accurate and where relevant You are authorized to act on behalf of the copyright owner; and (vii) Your physical or electronic signature.

(b) DMCA Counter-Notification. A provider of content subject to a claim of infringement may make a counter-notification. To file a counter-notification with us, please provide our Copyright Agent a notice containing the following: (i) identification of the supposedly infringing material that is to be removed; (ii) a statement that, under penalty of perjury, You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) Your name, address, and telephone number, and a statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your postal address is located, and that You will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and (iv) the signature, physical or electronic, of You or a person authorized to act on Your behalf.

(c) Restoration. We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter-notification and inform the complaining party that we restore the removed or disabled content within ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, the materials will remain removed or disabled. Before filing a copyright notification with us, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should You file a takedown notice where there is no infringing use. If You are unsure whether there is infringement, it may be advisable to seek legal counsel.

(a) Third-Party Links. Third-Party Links are provided for Your convenience and information only. Third-Party Links are not under the control of BestDoc and BestDoc is not responsible for any Third-Party Links. Alternatively, You represent and warrant that You will not input into the Services any Third-Party Links to be displayed through the Services that do not relate to Your services or are not authorized to display in connection with Your services. The inclusion of Third-Party Links does not imply endorsement, affiliation, partnership, or sponsorship by BestDoc. Use of any Third-Party Links is at Your own risk. For the avoidance of doubt, telemedicine services or platforms offered through or links offered by a Health Services Provider are not controlled by, and are not the responsibility of, BestDoc. You agree that BestDoc is not liable for any injury, loss, costs, expenses, damages or other harm related to or arising from telemedicine services or applications provided by You or a third party.

(b) Interface with Third-Party Products and Services. To facilitate the Services, BestDoc may require You to link or provide us sufficient information for us to send certain information through the Services to one or more Third-Party Services. This may require Your explicit consent and authorization. Once Your consent or authorization is given for a particular Third-Party Services and/or You provide the Third-Party Services authentication credentials, You agree that BestDoc may transmit or otherwise process Your information, in order to enable the interface that You have authorized. Subject to restrictions by applicable law, and unless Your information is subject to other third-party restrictions, once Your information is shared with the particular Third-Party Services, its processing will be governed by the Third-Party Services’ privacy policy and terms of use and not by BestDoc’s Privacy Policy or these Terms. You acknowledge and agree that BestDoc makes no representation or warranty about the quality or safety of any Third-Party Services or the interface or connection with Services. Additionally, BestDoc is not responsible for Your use of Third-Party Services, including violation of Third-Party Services’ terms of use or community guidelines, any personal injury, death, property damage, or other harm or losses arising from or relating to use of any Third-Party Services.

(c) App Stores. You acknowledge and agree that the availability of the BestDoc mobile application (“Mobile App”) is dependent on the third-party websites from which You download the Mobile App, e.g., the Google Play Store from Google or the App Store from Apple (each an “App Store”). You acknowledge that these Terms are between You and BestDoc and not with an App Store. Each App Store may have its own terms and conditions to which You must agree before downloading Mobile App from it. You agree to comply with such App Store terms and conditions, and Your license to use the Mobile App is conditioned upon Your compliance with such App Store terms and conditions. To the extent that such other terms and conditions from such App Store are less restrictive than or otherwise conflict with the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

(a) Compatibility. Use of the Services requires a compatible device and Internet access and may require obtaining updates or upgrades from time to time. Since Your use of the Services involves hardware and internet access, Your ability to access and use the Services may be affected by the performance of these factors. You acknowledge that such hardware and internet is Your responsibility and BestDoc is not responsible for any charges associated with Your use of the Services.

(b) Service Interruptions; no refund or rebate. The Services may be suspended temporarily, without notice, for security reasons, systems failure, maintenance and repair, or other circumstances. You agree that You will not be entitled to any refund or rebate for such suspensions.

(d) Your Right to Opt Out of this WAIVER OF RIGHTS TO JURY TRIAL, CLASS ACTION, AND PRIVATE ATTORNEY GENERAL ACTION Provision. PLEASE READ. ACCEPTANCE OF THIS WAIVER OF RIGHTS TO JURY TRIAL, CLASS ACTION, AND PRIVATE ATTORNEY GENERAL ACTION PROVISION IS NOT A MANDATORY CONDITION OF YOUR RELATIONSHIP WITH BESTDOC, AND THEREFORE YOU MAY SUBMIT A STATEMENT NOTIFYING BESTDOC THAT YOU WISH TO OPT OUT AND NOT BE SUBJECT TO THIS WAIVER OF RIGHTS TO JURY TRIAL, CLASS ACTION, AND PRIVATE ATTORNEY GENERAL ACTION PROVISION. In order to opt out of the Waiver of Rights to Jury Trial, Class Action, and Private Attorney General Action provision, You must notify BestDoc by sending or hand delivering to Bestdoc.Com,Inc. ATTN: 1129 Nothern Blvd, Ste 404, Manhasset, NY 11030; email Address: support@bestdoc.com, a written notice signed and dated by You stating that You are opting out of the Waiver of Rights to Jury Trial, Class Action, and Private Attorney General Action provision. In order to be effective, Your opt out notice must be provided within thirty (30) days of You first using the Services. You will not be subject to retaliation as a consequence of a decision to opt out, and if You opt out You may pursue available claims and remedies in a court of law. Should You not opt out within 30 days of first using the Services, continuing Your relationship with BestDoc constitutes mutual acceptance by You and BestDoc of the Waiver of Rights to Jury Trial, Class Action, and Private Attorney General Action provision. If You opt out of the Waiver of Rights to Jury Trial, Class Action, and Private Attorney General Action provision, You and BestDoc will continue to be mutually bound by all other terms of these Terms. The right to opt out described in this paragraph applies only to the Waiver of Rights to Jury Trial, Class Action, and Private Attorney General Action provision and not any other provision of these Terms.

(e) Future Changes to this Waiver of Rights to Jury Trial, Class Action, and Private Attorney General Action Provision. If BestDoc makes any changes to the Waiver of Rights to Jury Trial, Class Action, and Private Attorney General Action provision of these Terms (other than a change to the address at which BestDoc will receive notices of dispute, opt-out notices or rejections of future changes to the Mutual Arbitration Provision), You may reject any such change by sending us written notice within 30 calendar days of the change to: support@bestdoc.com. It is not necessary to send us a rejection of a future change to the Waiver of Rights to Jury Trial, Class Action, and Private Attorney General Action provision of these Terms if You had properly opted out of the Waiver of Rights to Jury Trial, Class Action, and Private Attorney General Action provision within the first 30 calendar days after You first accepted these Terms. If You have not properly opted out of the Waiver of Rights to Jury Trial, Class Action, and Private Attorney General Action provision, by rejecting a future change, You are agreeing that You agree to Waiver of Rights to Jury Trial, Class Action, and Private Attorney General Action provision effective before the change to this section, and reject any changes to the Waiver of Rights to Jury Trial, Class Action, and Private Attorney General Action provision.

(f) Severability. Except as otherwise provided in the Waiver of Rights to Jury Trial, Class Action, and Private Attorney General Action provision, in the event that any portion of this Waiver of Rights to Jury Trial, Class Action, and Private Attorney General Action provision is deemed illegal or unenforceable under applicable law, such provision shall be severed, and the remainder of the Waiver of Rights to Jury Trial, Class Action, and Private Attorney General Action provision shall be given full force and effect.

If BestDoc or You bring one or more Claims in court against the other party to enforce the other party’s obligations in Terms, and the party bringing the Claim(s) is the prevailing party, in whole or in part, on the Claim(s), then the other party shall pay to the party bringing the Claim(s) that party’s attorney’s and expert fees, costs, and expenses incurred in enforcing the other party’s obligations under these Terms. Similarly, if a party brings one or more Claims in court against the other party to enforce the other party’s obligations in these Terms, and the other party defending the Claim(s) is the prevailing party, in whole or in part, in defeating the Claim(s) then the party bringing the Claim(s) must pay to the other party defeating the Claim(s) the other party’s attorney’s and expert fees, costs, and expenses incurred in defeating the Claims(s). For purposes of this Section 15, the term “prevailing party” means the party that substantially (i.e., 51% or greater) obtains or defeats the Claim(s) when considered in relation to the totality of the Claim(s) and any counterclaims, as the case may be.

THE SERVICES AND SERVICES CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND BESTDOC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR SERVICES CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES OR SERVICES CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

You agree to indemnify and hold harmless BestDoc (and its employees, service providers, affiliates, subsidiaries, parents, and agents) from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including costs and reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) Your violation of these Terms; (ii) Your use of the Services or Services Content; (iii) Your violation of applicable laws or regulations; (iv) Your User Feedback; and (v) Your willful misconduct, fraud, negligence, or gross negligence. BestDoc reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of BestDoc. BestDoc will

TO THE MAXIMUM EXTENT PERMITTED BY LAW AND TO THE EXTENT NOT OTHERWISE AGREED TO BY THE PARTIES IN A HIPAA BUSINESS ASSOCIATE AGREEMENT, IN NO EVENT SHALL BESTDOC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR SERVICES CONTENT, EVEN IF BESTDOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES AND SERVICES CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR BUSINESS, OR LOSS OF DATA RESULTING THEREFROM. BESTDOC’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR USE OF THE SERVICES AND SERVICES CONTENT WILL BE THE TERMINATION OF YOUR RIGHT TO USE OR ACCESS THE SERVICES. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

(a) Termination. The Terms will remain in full force and effect while You access and use the Services. We may suspend or terminate Your right to use the Services (including Your account, if any) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. Upon termination of Your rights under these Terms, Your account, and right to access and use the Services will terminate immediately. BestDoc will not have any liability whatsoever to You for any termination of Your rights under these Terms, including for termination of Your account.

(b) Governing Law and Jurisdiction. All matters arising out of or relating to these Terms, the Services, or Services Content will be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Nassau County, New York, with respect to any action arising in connection with these Terms, the Services, or Services Content.

(c) Age Restriction. You affirm that You are at least eighteen (18) years of age, or an emancipated minor, and are fully able and competent to enter into these Terms and abide by and comply with these Terms. We do not collect personally identifiable information from any person that we know to be under the age of thirteen (13). Specifically, the Services is not intended or designed to attract children under the age of thirteen (13). You affirm that You are more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, You affirm that You are over the age of thirteen (13), as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER THIRTEEN (13).

(d) Privacy. BestDoc collects, uses, and shares personal information collected through the Services in accordance with its Privacy Policy .

(e) Modification of the Services. BestDoc reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to You. You agree that BestDoc will not be liable to You or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

(f) Independent Contractors. The parties to these Terms are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. These Terms shall not be interpreted or construed to create an association, employer/employee relationship, agency, joint venture, or partnership between the parties or to impose any liability attributable to such a relationship upon either party.

(g) Local Laws. BestDoc makes no representation that the Services are appropriate or available for use in jurisdictions outside the United States. Access to the Services from jurisdictions where such access is illegal is prohibited. If You choose to access the Services from other jurisdictions, You do so at Your own risk and are responsible for compliance with applicable local laws. The Services may be subject to United States export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any United States technical data acquired from the Services, or any products utilizing such data, in violation of the United States export laws or regulations.

(h) Miscellaneous. These Terms constitute the entire agreement between You and BestDoc regarding the Services. Our failure to exercise or enforce any right or provision of these Terns shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

(i) Changes. BestDoc may revise these Terms or the Services, or stop providing the Services, at any time and without notice to You. BestDoc encourages You to review these Terms frequently (the date of the most recent revision to these Terms appears at the top of these Terms). Your continued access to or use of the Services after such posting constitutes Your consent to be bound by the Terms, as amended.

(j) Contact. For questions on these Terms, please contact BestDoc at: