ABS Health — Terms of Use

These terms and conditions of use (the "Terms of Use") govern your use of the online interfaces and properties (including websites and mobile applications) owned or controlled by ABSL Operating and Consulting LLC, doing business as ABS Health, including the abs-health.com website and any related ABS Health mobile application (collectively, the "Site"), as well as the services ("Services") and products ("Products") made available to users through the Site. ABSL Operating and Consulting LLC ("ABS Health," "we," "us," and "our") provides administrative and technology services to Beluga Health ("Beluga Health" or the "Medical Group"), an independent, physician-owned clinical organization with a network of United States–based, state-licensed clinicians providing telehealth services across all 50 states. Beluga Health's clinicians use the Site for online telehealth consultations and secure messaging with their patients. (See Section 21 for supplemental terms applicable to Providers.) The professional medical services (delivered by Beluga Health) and the non-clinical Site services (delivered by ABS Health) are referred to together in these Terms of Use as the "Services." The terms "you" and "your" mean you, your dependents (if any), and any other person who accesses your ABS Health account.

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services and your purchase of any Products. By clicking "accept," you acknowledge that you have read, understand, and agree to all terms and conditions contained in these Terms of Use, the Notice of Privacy Practices furnished to you by Beluga Health, and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use the Site or the Services; please exit the Site immediately.

1. Privacy Practices

You agree that information you provide in connection with the Services and the Site will be governed by the ABS Health Privacy Policy, which is incorporated by reference into and made part of these Terms of Use, as updated from time to time. When you are signed in to the secure portion of the Site, you agree that the information you provide will be governed by Beluga Health's Notice of Privacy Practices.

2. Services Provided — No Medical Care or Advice by ABS Health

In addition to facilitating access to certain diagnostic and nutrition products, we provide an online communications platform that lets Providers and their patients connect through the Site using synchronous and asynchronous telecommunications technologies. The Site's role is to facilitate communications between patients and Providers.

ABS Health does not deliver medical advice, treatment, or care. ABS Health contracts with Beluga Health, an independent, physician-owned group with a network of U.S.-based Providers who deliver clinical telehealth services. Beluga Health's Providers furnish clinical services to their patients through the Site. Providers are independently contracted by, or employed by, Beluga Health; they are not contracted by or employed by ABS Health. Providers — not ABS Health — are solely responsible for the quality and appropriateness of the medical care they render to you. Neither ABS Health nor Beluga Health provides legal advice or representations of any kind regarding any legal issues arising out of advice, information, goods, or services offered by a Provider, including any compliance obligations under state or federal laws and regulations.

Providers are independent of ABS Health and use the Site simply as a means of communicating with you. Any information or advice you receive from a Provider comes from the Provider alone and not from ABS Health. Your interactions with Providers through the Site are not intended to replace your relationship with your regular healthcare practitioners or primary care physician. Neither ABS Health, nor any of its subsidiaries or affiliates, nor any third party that may promote the Site or Services or link to them, is liable for any professional advice you obtain from a Provider through the Site or Services, or for any information you obtain on the Site. ABS Health does not recommend or endorse any specific Provider, test, physician, medication, product, or procedure for your particular situation. Only a Provider with whom you have established a Provider-patient relationship can, using their professional judgment, recommend specific treatments for you. You acknowledge that your reliance on any Provider, or on information delivered by Providers through the Site or Services, is solely at your own risk and that you assume full responsibility for all associated risks.

ABS Health makes no representations or warranties about the training or skill of any Providers who deliver services through the Site or the Services. You will be matched with available Providers based solely on the information you submit to the Site, and you are ultimately responsible for selecting your particular Provider.

The content of the Site and the Services — including, without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visual materials — is provided for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendation by ABS Health. You should always seek the advice of a qualified healthcare professional with any questions or concerns you have about your individual needs and any medical conditions. Information provided by ABS Health, or in connection with any communications supported by ABS Health, is intended for general informational purposes only and is in no way intended to create a provider-patient relationship as defined under state or federal law. While ABS Health facilitates your selection of, and communications with, Providers, ABS Health does not provide medical services, and the doctor-patient relationship exists between you and the Beluga Health Provider you select.

Not for Emergencies

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" IMMEDIATELY.

The Site and Services offered by ABS Health are not intended for medical emergencies or urgent situations. You should not disregard or delay in seeking medical advice based on anything that does or does not appear on the Site. If you believe you are experiencing an emergency, call 9-1-1 immediately.

You should seek emergency assistance or follow-up care whenever recommended by a Provider or otherwise needed. You should continue to consult with your primary care provider and other healthcare professionals as appropriate. Always seek the advice of a physician or other qualified healthcare provider regarding any questions about a medical condition, and before stopping, starting, or modifying any treatment.

Other Screenings and Limitations

Testosterone Replacement Therapy ("TRT") and similar treatments rendered through Beluga Health are intended solely for specialty hormone care; Beluga Health does not provide primary care and cannot replace your primary care practitioner ("PCP"). If you do not have a PCP, we strongly encourage you to establish a relationship with one and to communicate any TRT or related treatment received through Beluga Health to your PCP and/or endocrinologist to support physician-to-physician communication.

Beluga Health's Providers do not perform prostate cancer screening or rectal examinations. An important component of overall health is staying current with age-appropriate screenings designed to detect life-threatening conditions early. You should consult your PCP or urologist regarding such screenings, and provide all appropriate medical records and/or facilitate inter-physician communication regarding any related evaluations.

Laboratory Orders

Neither ABS Health nor Beluga Health offers diagnostic or laboratory tests. However, in order for an Beluga Health Provider to determine whether TRT or another treatment is clinically indicated for you, your Provider may order laboratory testing to be performed by third-party laboratories or by another laboratory of your choice (the "Lab"). Any fees associated with laboratory testing are billed at the Lab's rates. By signing these Terms of Use, you authorize your Beluga Health Provider to order laboratory testing as clinically indicated and further authorize the Lab to disclose the results of your test to Beluga Health or any Provider engaged by Beluga Health. Neither ABS Health nor Beluga Health controls whether the Lab will refund any laboratory orders once the service is provided, even if you do not qualify for any treatment. For questions about fees or refunds related to laboratory testing, please contact your laboratory directly.

Risks of Telehealth Services

By using the Services, you acknowledge the inherent risks of telehealth, including but not limited to: information transmitted may be insufficient (for example, due to poor image resolution) to support appropriate medical or healthcare decisions by the Provider; delays in evaluation or treatment may occur because of failures in electronic equipment; lack of access to your medical records may lead to adverse drug interactions, allergic reactions, or other judgment errors; and although the electronic systems we use incorporate network and software security protocols designed to protect the privacy and security of information, those protocols could fail and result in a breach of privacy of your health information.

Prescription Policy

Neither ABS Health nor Beluga Health endorses any specific medication, pharmacy, or pharmacological product for your particular situation. Only a Provider with whom you have consulted and established a Provider-patient relationship can, using their professional judgment, recommend specific treatments for you. If a Provider prescribes a medication, the Provider will limit supply based on federal and state regulations and will only prescribe a medication as determined by their own discretion and professional medical judgment. There is no guarantee a prescription will be written. NO PRESCRIPTION WILL BE PROVIDED UNLESS A CLINICAL NEED EXISTS BASED ON REQUIRED LABORATORY WORK, PHYSICIAN CONSULTATION, AND/OR CURRENT MEDICAL HISTORY. PLEASE NOTE: AGREEING TO LABORATORY WORK AND A MEDICAL EXAM DOES NOT AUTOMATICALLY EQUATE TO CLINICAL NECESSITY OR A PRESCRIPTION.

Where medically indicated, your Beluga Health Provider may prescribe TRT or other appropriate medications. ABS Health and Beluga Health fully honor patient freedom of choice; if you receive a prescription, you may always instruct Beluga Health to transmit the prescription to the pharmacy of your choice. Neither ABS Health nor Beluga Health sells, manufactures, or dispenses prescription medications. Third-party pharmacies — and not ABS Health or Beluga Health — set their own prices for medications. You do not automatically qualify for any specific therapy. Whether you receive a prescription is at the discretion of the Beluga Health Provider and is determined based on medical assessment and diagnosis.

Any medications prescribed will be based on a diagnosis derived from your submitted medical history, lab work, and Provider telemedicine consultation, and will be intended solely for the treatment of those diagnoses. You agree that any prescriptions issued to you by an Beluga Health Provider will be solely for your personal use. You agree to read all provided product information and labels and to contact your Provider or pharmacist with any questions regarding the prescription.

All medication refill requests must first be reviewed and approved by the Beluga Health Provider. You MUST remain compliant with the Provider's treatment plan, including periodic blood work and Provider consultations, in order to receive refills. A follow-up consultation may be required before refills are approved. Providers reserve the right to deny care for actual or potential misuse of the Services.

Not an Insurance Product

Neither ABS Health nor Beluga Health is an insurer. The Services are not insurance products, and the amounts you pay to ABS Health or Beluga Health are not insurance premiums. If you would like any form of health or other insurance, you will need to purchase it separately.

3. Availability of Services

ABS Health and Beluga Health operate subject to state and federal regulation, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or any other applicable jurisdiction. Access to and use of the Site or the Services is limited exclusively to users located in U.S. states where the Services are available. The Services are not available to users located outside the United States. Accessing the Site or Services from a jurisdiction in which the content is illegal, or in which we do not offer the Services, is prohibited.

You agree that you have provided ABS Health and Beluga Health with accurate and truthful information and that you reside in the state listed in your patient portal. Your failure to comply with the rules in these Terms of Use is grounds for ABS Health or Beluga Health to terminate your access to the Site and the Services.

4. Ordering and Purchasing Services or Products

Order Acceptance and Shipment

Placement of an order does not necessarily ensure that your order will be accepted. We may request additional information from you if you have not provided everything we need. Once a properly completed order and authorization of your form of payment have been received, your order will be processed for shipment. If for any reason we determine that your Products cannot be shipped within thirty (30) days following our receipt of a properly completed order, the order will be canceled and we will inform you. We do not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on the Site.

Typographical Errors and Incorrect Pricing

If a Product or Service is listed at an incorrect price due to typographical error or pricing information received from a third party, we reserve the right to refuse or cancel any orders placed for the Product or Service at the incorrect price. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your card has already been charged for a purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge and notify you so you can decide whether or not to place a new order based on the corrected price.

Risk of Loss

All Products purchased through the Site are delivered to shipment carriers. Risk of loss and title for those Products pass to you when they are delivered to the carrier. ABS Health will notify you when the products have been delivered to the carrier for shipment.

Return Policy

You may return Products in accordance with our Returns Policy posted on the Site.

Online Payments

You can purchase services and items through the Site. To simplify the user experience, you may pay for purchases on the Site with ABS Health acting as a payment processing facilitator for your convenience. If you elect to purchase a service from Beluga Health, or an item (e.g., a prescription product or nutritional supplement) from a pharmacy or other supplement provider listed on the Site, the total price you pay will include the amount charged by Beluga Health for the service and the amount charged by the pharmacy or other supplement provider. We also charge a subscription fee for use of and access to the Site and its features through your user account. We collect the amounts charged by the pharmacy or other supplement provider and Beluga Health on your behalf and pass through to them payment for their actual charges. Before making a purchase, you will see an itemized invoice listing the actual charges by Beluga Health for services, by the pharmacy or other supplement provider for products, and by us for the online membership fee.

We accept credit and debit cards issued by U.S. banks (your "payment method"). You authorize and agree that the payment method you submit may be used automatically by ABS Health, Beluga Health, or its payment processors for any of your payment responsibilities. If a credit card account is used for a transaction, ABS Health may obtain pre-approval for an amount up to the amount of the payment. The payment amount is based on your selected membership, which you may confirm at any time by accessing your account information online. We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your account. Processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor. Personal information is encrypted. We will share transaction data with our payment service providers only to the extent necessary for processing payments, refunding payments, and dealing with complaints and queries relating to such payments and refunds. If you enroll to make recurring payments automatically, all charges and fees will be billed to the payment method you designate during the setup process. You have the right to revoke this authorization by contacting ABS Health at support@abs-health.com at least fifteen (15) days prior to the scheduled payment date. You understand and acknowledge that Services may be canceled or withheld if you revoke this authorization, and that you remain responsible for all charges incurred by you or otherwise owed to ABS Health. This authorization will remain in full force and effect until revoked by you or ABS Health. To designate a different payment method or update your information, you must update your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

You represent and warrant that, if making online payments: (a) any credit card, debit card, or bank account information you supply is true, correct, and complete; (b) charges incurred by you will be honored by your card issuer or bank; (c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes; and (d) you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. If ABS Health is unable to obtain funds from the payment method you provide for any reason — including insufficient funds or inaccurate information — ABS Health may take additional collection action, including the application of fees to the extent permitted by law. You acknowledge and agree that you will not dispute charges from ABS Health with the payment method company, provided the transactions correspond to the terms set out in these Terms of Use.

Subscription Terms

If you purchase a subscription to the Services, your subscription is continuous and will be automatically renewed at the end of the applicable subscription period unless you cancel before the end of the then-current subscription period by following the cancellation steps in your account, calling (310) 435-9279, or emailing support@abs-health.com. You may review the terms of your selected membership at any time by logging into your account. If you cancel your subscription, your account will automatically close at the end of the current billing period. ABS Health may change the price of your ABS Health subscription from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by not canceling your subscription after receiving notice of the change and continuing to use the ABS Health Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect. Your subscription can be canceled at any time, but any fees paid to ABS Health or its affiliated medical practices are not refundable.

5. Eligibility; Site Access, Security and Restrictions; Passwords

You agree to fully, accurately, and truthfully create your ABS Health account ("Account"), including but not limited to your name, mailing address, phone number, email address, and password, which become your ABS Health ID and credentials. The ABS Health ID and credentials are personal to you, and you are solely responsible for maintaining their confidentiality and for all activities conducted under them. You agree not to allow anyone else to use your ABS Health ID or credentials and to immediately notify ABS Health of any actual or suspected unauthorized use or other security concern of which you become aware. Your access to the Site may be revoked by ABS Health at any time with or without cause.

You are prohibited from violating, or attempting to violate, the security of the Site, including: (a) accessing data not intended for such user or logging onto a server or account that the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures, without proper authorization; or (c) accessing or using the Site or any portion of it without authorization, in violation of these Terms of Use, or in violation of applicable law.

YOU REPRESENT AND WARRANT THAT YOU WILL ONLY USE THE PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE FOR YOUR OWN, PERSONAL USE AND WILL NOT DISTRIBUTE OR PROVIDE ANY PRODUCTS OBTAINED THROUGH THE SITE TO ANY THIRD PARTY.

You may not use any scraper, crawler, spider, robot, or any other automated means to access or copy data on the Site, deep-link to any feature or content on the Site, bypass robot exclusion headers, or otherwise circumvent measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. ABS Health may investigate occurrences that may involve such violations and may cooperate with law enforcement authorities in prosecuting users involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper functioning of the Site or any activity being conducted on it.

6. Invite-A-Friend Program

Our Invite-A-Friend Program (the "Program") provides current ABS Health members ("Existing Members") the opportunity to introduce ABS Health's services to friends and contacts who are not yet ABS Health members ("New Members"). The Program's terms are described below and are subject to change. Existing Members can invite friends, family, and colleagues by either: (1) completing an online form with the names and email addresses of the friend(s) the Existing Member wants to recommend, in which case an email containing the Existing Member's personal link (the "Link") is sent to those friend(s); or (2) copying the Link and sending it to the friend(s) by another means, such as SMS text, social media, or a personal email account. Each friend who joins ABS Health through an Existing Member's Link will receive a one-time, 100% discount applied to the first month of their membership fee ("Discount").

Program eligibility is limited to individuals who are at least 18 years old and legal residents of the United States. To participate in the Program and receive a Discount, New Members must be new customers of ABS Health, new patients of Beluga Health, and must otherwise qualify to be ABS Health users. Former or current patients of Beluga Health are not eligible to participate as New Members. Existing Members cannot recommend themselves or create multiple, fictitious, or fake accounts with ABS Health or participate in the Program as New Members.

Discounts apply only to the cost of ABS Health's online membership fee and do not apply to medical consults, laboratory fees, prescription drugs, nutritional supplements, or any other product or service available for purchase through ABS Health, Beluga Health, any affiliates, or any other pharmacy, laboratory, or supplement provider listed on the Site or any website you may access through the Site. Discounts offered through the Program may not be: (i) combined with any other offer, promotion, reward, or discount; (ii) sold or transferred; or (iii) redeemed for cash, gift cards, or any other cash equivalent. ABS Health will only honor the first Link a New Member activates to purchase a membership with ABS Health that is accepted and processed by ABS Health. If multiple Existing Members have recommended the same New Member and the New Member has activated multiple Links, the New Member will only receive one Discount through the Link they use to complete a purchase. All other Links will be automatically invalidated. Discounted purchases are final, and New Members will not receive a full or partial refund for the cost of the first month of their ABS Health membership upon cancellation or otherwise. Links not used within 3 months will automatically expire.

ABS Health does not guarantee eligibility of any professional clinical services to any individuals, including New Members. Any services rendered through the ABS Health platform or through Beluga Health and its Providers are solely at the discretion of the treating Provider in their independent medical judgment. The Program may not be used for commercial purposes or by healthcare professionals referring patients as part of their professional services. Discounts are subject to verification of eligibility and compliance with these terms. ABS Health reserves the right to revoke any Discount or close the Account of any Existing Member or New Member, and to request proper payment, if the Existing Member and/or New Member attempts to use the Program in a questionable manner, breaches any of these terms, or violates any other ABS Health terms or policies, or applicable law, statute, or governmental regulation. ABS Health reserves the right to modify, suspend, or terminate the Program at any time for any reason, including by altering the benefits, eligibility, or participation limits. Any changes will be effective immediately, and any unused Links, Discounts, or other rewards will be forfeited at that time.

7. Electronic Communications

When you use the Site or the Services, or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. By doing so, you consent to receive electronic communications from us. We will communicate with you by email, by posting notices on the Site, or by other electronic means. You agree that: (a) all agreements and notices we provide to you electronically satisfy any legal requirement that those communications be in writing; (b) you consent to electronic delivery of all communications from us; (c) you agree to maintain current electronic contact information with us at all times; and (d) we may send you electronic messages regarding your subscription at any time. ABS Health and Beluga Health may contact you by telephone, mail, or email to verify your Account information. ABS Health and Beluga Health may request further information from you, and you agree to provide such information to confirm that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information requested.

8. Consent to Receive Calls and Text Messages and Video Recording

By providing your mobile number, you agree to be contacted by or on behalf of ABS Health at the number you provided, including by calls and text messages, at any time, to receive informational, Product- or Service-related (e.g., progress tracking, reminders, etc.) messages and communications relating to the Site and Services. Message and data rates may apply. To stop receiving text messages, reply with the word STOP. We may confirm your opt-out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify which services you wish to stop. By withdrawing your consent, some Site features and certain Services may no longer be available to you. If you stop receiving text messages from us, you may not receive important and helpful information and reminders about your Services. If you have a subscription with us, you agree that if you withdraw consent to receive communications via text message you must provide us with an active email address to which you agree to receive notifications regarding your subscription.

Your Provider may record (audio and video) all or part of your interaction with them ("Recordings"). Recordings are used for quality assurance purposes, to better deliver the Products and Services to you, and to help ABS Health improve the Site. ABS Health will keep Recordings confidential and will not publicly display them unless legally required to do so, such as in response to a court order. By accessing and using the Site, you agree and consent to such Recordings for the purposes and uses set out in these Terms of Use and as otherwise set out in the Privacy Policy.

9. Ownership of the Site and Related Materials; Additional Restrictions

All pages within the Site and any material made available for download are the property of ABS Health, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. Subject to these Terms of Use and the payment of all applicable fees, ABS Health grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the Site. All rights not expressly granted to you in these Terms of Use are reserved and retained by ABS Health or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of ABS Health. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ABS Health without express written consent. You may not use any meta tags or any other "hidden text" containing ABS Health's name or trademarks without the express written consent of ABS Health. You may not misuse the Site or the Services. You may use the Site and Services only as permitted by law. The content of the Site — including, without limitation, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download from this Site — may not be copied, distributed, modified, reproduced, published, or used in whole or in part for any purpose, except as authorized or approved in writing by ABS Health. You may not frame, use framing techniques to enclose, or deep-link to any name, trademark, service mark, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of ABS Health without our express written consent.

10. No Users Under 18 Years Old

In order to access the Site and Services, you represent and warrant that you are over the age of 18. If you are under 18, please do not attempt to register with us at the Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under 18, we will promptly delete that information. If you believe we have collected personal information from someone under 18, please contact us at support@abs-health.com or call (310) 435-9279.

11. Accuracy of Information; Functionality

Although ABS Health attempts to ensure the integrity and accuracy of the Site and the Service descriptions, it makes no representations, warranties, or guarantees about the correctness or accuracy of the Site, Service descriptions, or other content. The Site may include typographical errors, inaccuracies, or other errors, and unauthorized additions, deletions, and alterations could be made by third parties. If you become aware of an inaccuracy, please inform ABS Health so that it can be corrected. Information on the Site may be changed or updated without notice. Additionally, ABS Health has no responsibility or liability for information or content posted to the Site by any non-ABS Health affiliated third party.

ABS Health and Beluga Health each reserve sole and complete discretion regarding the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services, among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carriers. We are not responsible for maintaining information arising from use of the Site or the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention or destruction policies.

12. Links to Other Sites

ABS Health makes no representations whatsoever about any other website that you may access through this Site. When you access a non-ABS Health site, please understand that it is independent from ABS Health, and that ABS Health has no control over the content on that website. In addition, a link to a non-ABS Health website does not mean that ABS Health endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of items such as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk.

13. User Information

If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us, Beluga Health, or otherwise through our Site ("User Information"), you agree not to provide any User Information that (a) is false, misleading, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior (including submitting any third party's results or information as your own); (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited email, telephone calls, mailings, or any other method of communication. You represent and warrant to ABS Health and Beluga Health that you have the legal right and authorization to provide all User Information to ABS Health and Beluga Health for use as set forth herein and as required by ABS Health and the Beluga Health Provider.

With the exception of your payment information, which may be shared for purposes of effectuating a payment, ABS Health or Beluga Health may de-identify your information such that it is no longer considered protected health information or personally identifiable information. ABS Health or Beluga Health may disclose, aggregate, sell, or otherwise use such de-identified information with third parties for analytics, research, or other purposes.

You agree not to:

• (i) access the Site or use the Services in any unlawful way or for any unlawful purpose;
• (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice and recommendations) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information, or to facilitate or promote hacking or similar conduct;
• (iii) impersonate or misrepresent your identity, or falsely state or misrepresent your affiliation with a person or entity;
• (iv) tamper with, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services;
• (v) use robots or scripts with the Site;
• (vi) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by, the Site;
• (vii) have any antivirus or antispyware software running that is set to override the internet browser's cookies setting;
• (viii) incorrectly identify the sender of any message transmitted to ABS Health;
• (ix) alter the attribution or origin of electronic mail, messages, or postings;
• (x) harvest or collect personal health information about any other individual who uses the Site or the Services; or
• (xi) infringe or facilitate infringement of any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to such rights of third parties.

You agree to defend, indemnify, and hold harmless ABS Health, Beluga Health, and the Providers from and against all third-party claims, damages, and expenses (including, but not limited to, reasonable attorneys' fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site or any breach of this Section 13.

14. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe your work has been copied in a way that constitutes copyright infringement, please follow the procedures described below.

ABS Health respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement reported to ABS Health's Designated Copyright Agent, identified below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Copyright Notice") complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including, at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Copyright Notice:

   "I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

   "I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

5. Provide your full legal name and your electronic or physical signature.

Deliver this Copyright Notice, with all items completed, to our Copyright Agent:

15. Intellectual Property

With the exception of your electronic medical record, ABS Health and Beluga Health, as applicable, retain all right, title, and interest in and to the Site, the Services, and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property or proprietary right in any of the foregoing — except for information on the Site licensed by ABS Health or Beluga Health (in which case the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of ABS Health or Beluga Health, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of ABS Health or Beluga Health trademarks, service marks, and logos is strictly prohibited without the prior written permission of ABS Health or Beluga Health, as applicable. The same applies to any third-party trademarks, service marks, and logos posted on the Site. Nothing on the Site should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by ABS Health, Beluga Health, or the third-party owner of such trademarks, service marks, or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.

ABS Health may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

16. CAN-SPAM Act and Telephone Consumer Protection Act Compliance

ABS Health and Beluga Health are committed to compliance with the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM Act") and the Telephone Consumer Protection Act ("TCPA"). You consent to receive text messages from us as set forth in Section 8 (Consent to Receive Calls and Text Messages and Video Recordings). Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM Act and the TCPA. If you receive an email or text message from us that you do not believe is fully compliant with the CAN-SPAM Act or the TCPA, please contact us immediately at the address listed under "How to Contact Us."

You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit ABS Health products or services in ways that would violate the CAN-SPAM Act, the TCPA, or any other laws. You shall not: (a) infringe on the rights of others; (b) distribute chain letters or unsolicited bulk electronic mail ("spamming"); (c) propagate computer worms or viruses; (d) use a false identity; (e) attempt to gain unauthorized entry to any site or network; or (f) infringe copyrights, trademarks, or other intellectual property rights.

You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold ABS Health and its affiliates harmless from any and all acts found or suspected to be in violation of these provisions. You shall indemnify and hold ABS Health and its affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against ABS Health or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, or statutes. Your Account will be terminated for any of the above infractions.

17. Disclaimer of Warranties

ABS HEALTH DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE — INCLUDING ANY CONTENT, INFORMATION CONTAINED WITHIN THE SITE, OR ANY SITE-RELATED SERVICE OR PRODUCT — IS PROVIDED "AS IS," WITH ALL FAULTS, AND WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. ABS HEALTH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE, SERVICES, OR PRODUCTS.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, ITS RELATED SERVICES, PRODUCTS, AND ANY LINKED WEBSITES. ABS HEALTH DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY ABS HEALTH ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY ABS HEALTH OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. ABS HEALTH DOES NOT GUARANTEE THAT ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU THROUGH USE OF OUR SERVICES. BELUGA HEALTH PROVIDERS DO NOT PRESCRIBE CONTROLLED SUBSTANCES CONTAINING OPIOIDS OR AMPHETAMINES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. ABS HEALTH DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE — INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE OR OTHERWISE — INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.

18. Limitation of Liability Regarding Use of Site

EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:

ABS HEALTH SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF BELUGA HEALTH OR THE PROVIDERS. ABS HEALTH AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, PRODUCTS, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, OR ANY LINKED WEBSITE — WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF ABS HEALTH TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

19. No Third Party Rights

Unless expressly stated in these Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, ABS Health, Beluga Health, and their affiliates. Nothing in these Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, ABS Health, Beluga Health, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, ABS Health, Beluga Health, and its affiliates.

20. Assignment

You may not assign, transfer, or delegate these Terms of Use or any part thereof without ABS Health's prior written consent. ABS Health may freely transfer, assign, or delegate all or any part of these Terms of Use, and any rights or duties hereunder or thereunder. These Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

21. Supplemental Terms Applicable to Providers

These supplemental terms apply to Providers in addition to the other provisions of these Terms of Use. In the event of a conflict between these supplemental terms and any other terms herein, the supplemental terms shall prevail.

To be a healthcare provider using the Site (for purposes of this Section 21, "Provider" or "you") you must be a licensed physician, nurse practitioner, or healthcare professional contracted or employed by Beluga Health, and must agree to comply with all laws, medical board rules, and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the ABS Health users (including, but not limited to, your Beluga Health patients) is directly between you and the patient. The patient will never have a physician-patient relationship with ABS Health. ABS Health does not practice medicine and offers no medical services. As set out more fully below, the Provider is solely responsible for all agreements, consents, notices, and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider and Beluga Health are solely responsible for all billings and collections from patients and other consumers, and ABS Health shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.

ABS Health does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods, or services offered by Provider — including, but not limited to, any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining Provider's compliance obligations under law. Provider and ABS Health agree that ABS Health is not providing to customers, patients, or anyone else, medical advice or legal advice.

Provider will use the Site and Services only in accordance with applicable standards of good medical practice. While software products such as the Site and Services can facilitate and improve the quality of service that Provider can offer patients, many factors — including, but not limited to, the provider/patient relationship — can affect a patient outcome. With intricate and interdependent technologies and complex decision-making, it is often difficult or impossible to determine accurately what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Services and the provision of medical services to Provider's patients. In this regard, Provider releases ABS Health and waives any and all potential claims against ABS Health as a result of Provider's use of the Site and Services and the provision of services to Provider's patients.

As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify, and hold ABS Health harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, that is brought against ABS Health, regardless of the cause, if such claim arises out of Provider's use or operation of the Site and Services. To the extent applicable, Provider will obtain ABS Health's prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of ABS Health or defect in the Site or Services. ABS Health will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the claim, and grant to Provider exclusive control over its defense and settlement.

If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images, or other materials to us or our Site ("Provider Content") or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited email, telephone calls, mailings, or any other method of communication. You represent and warrant to ABS Health that you have the legal right and authorization to upload all Provider Content at the Site. ABS Health shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however ABS Health desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, or incorporate such Provider Content into any form, medium, or technology throughout the world. ABS Health is and shall be under no obligation: (i) to maintain any Provider Content in confidence; (ii) to pay you any compensation for any Provider Content; or (iii) to respond to any Provider Content.

ABS Health does not regularly review Provider Content but does reserve the right (but not the obligation) to monitor, edit, or remove any Provider Content submitted to the Site. You grant ABS Health the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Site or provide to patients or other consumers. ABS Health and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.

22. Dispute Resolution; Arbitration Agreement

We will work in good faith to resolve any issue you have with the Site, including without limitation any Products and Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department (Care Team). However, we recognize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

You and ABS Health agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Site — including without limitation any Products and Services ordered or purchased through the Site — shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to very limited review by courts. Arbitration allows for more limited discovery than court; however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and the amount of the claim. Arbitrators can award the same damages and relief that a court can award; however, in doing so, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court — including, without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and ABS Health are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and ABS Health.

If you wish to assert a claim against ABS Health, and you therefore elect to seek arbitration, you must first send to ABS Health, by certified mail, a written notice of your claim ("Notice"). The Notice to ABS Health should be addressed to: ABSL Operating and Consulting LLC, Attn: Legal Dept., 304 S Jones Blvd #7871, Las Vegas, NV 89107 ("Notice Address"). If ABS Health desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by ABS Health, must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought ("Demand"). If ABS Health and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or ABS Health may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by ABS Health or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after ABS Health receives notice at the Notice Address that you have commenced arbitration, ABS Health will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $2,000.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide — including, but not limited to, issues relating to the scope and enforceability of these Terms of Use and this arbitration agreement. Unless ABS Health and you agree otherwise, any arbitration hearings will take place in Clark County, Nevada. (If you reside outside the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including, but not limited to, the AAA rules regarding the selection of an arbitrator.) If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of ABS Health's last written settlement offer made before an arbitrator was selected (or if ABS Health did not make a settlement offer before an arbitrator was selected), then ABS Health will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery of attorneys' fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee-shifting provided by law.

YOU AND ABS HEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and ABS Health agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If the arbitration terms and conditions of this Section 22 are found to be unenforceable, then (i) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect, and (ii) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Clark County, Nevada.

23. Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our Privacy Policy due to any event or occurrence beyond our reasonable control — including, without limitation, acts of God, terrorism, war, invasion, failures of any public networks, pandemics, public health crises, electrical shortages, earthquakes, floods, civil disorder, strikes, fire, or other disaster.

24. Indemnification

You agree to defend, indemnify, and hold harmless ABS Health, Beluga Health, and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney's fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Products, Services, or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to ABS Health, Beluga Health, or any Provider or customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Products, Services, or any information on the Site — including without limitation infringement of third-party intellectual property rights, privacy rights, or negligent or wrongful conduct.

25. Application Support; Functionality

All questions and requests relating to Site support must be directed to ABS Health. To submit a support request, please email us at admin@abs-health.com or call us at (310) 435-9279. The Select Third Parties, as defined in Section 27, are not responsible for providing support for the application portions of the Site and may not be contacted for support. ABS Health will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Site at any time, without notice.

26. Modified Devices and Operating Systems

ABS Health will have no liability for errors, unreliable operation, or other issues resulting from use of the Site on or in connection with rooted or jailbroken devices, or use on any mobile device that is not in conformance with the manufacturer's original specifications — including, but not limited to, use of modified versions of the operating system (collectively, "Modified Devices"). Use of the Site on Modified Devices will be at your sole and exclusive risk and liability.

27. No Liability for Select Third Parties

Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Site, and their respective affiliates, suppliers, and licensors (collectively, the "Select Third Parties"), are not parties to these Terms of Use, and they do not own and are not responsible for the Site. ABS Health, and not any Select Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Site or your use or possession thereof — including, but not limited to, claims related to product liability, legal or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Select Third Parties' terms and conditions. YOU AGREE: (A) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SITE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND (C) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL NOT EXCEED FIVE DOLLARS ($5.00); AND (D) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE SITE AND THESE TERMS OF USE. The Select Third Parties are intended third-party beneficiaries of these Terms of Use, and are capable of directly enforcing their terms. Nothing contained in these Terms of Use will be construed as modifying or amending any agreements or other terms between you and the Select Third Parties with regard to their subject matter. In the event of any claim that the Site or your possession and use of the Site infringes a third party's intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.

28. Revisions; General

ABS Health reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. ABS Health reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between ABS Health and you pertaining to the subject matter hereof. In its sole discretion, ABS Health may from time to time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. For purposes of these Terms of Use: (a) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to these Terms of Use as a whole.

Copyright/Trademark Information. Copyright © 2026 ABSL Operating and Consulting LLC. All rights reserved. All trademarks, logos, and service marks ("Marks") displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that may own the Marks.

How to Contact Us

ABSL Operating and Consulting LLC
304 S Jones Blvd #7871, Las Vegas, NV 89107
Telephone: (310) 435-9279
Email: support@abs-health.com

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