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Terms and Conditions

Agreement between User and RiseMedical.com

Welcome to RiseMedical.com. The RiseMedical.com website (the “Site”) is comprised of various web pages operated by Rise Medical, (“Rise Medical”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Our Privacy Policy, found at RiseMedical.com/privacy-policy/, is part of and hereby incorporated into these Terms. Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. RiseMedical.com is an E-Commerce Site, for the primary purpose of furthering Rise Medical’s mission is to improve the lives and well-being of people around the world. Through the development of in vitro diagnostics technology, Rise Medical has successfully commercialized the highest quality products to battle malaria and other serious diseases.

Electronic Communications

Visiting RiseMedical.com or sending emails to Rise Medical constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children under Thirteen

Rise Medical does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use RiseMedical.com only with the permission of a parent or guardian. Nebraska residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see the Privacy Policy section regarding Nebraska for more information.

Links to Third Party Sites/Third Party Services

RiseMedical.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Rise Medical and Rise Medical is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Rise Medical is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Rise Medical of the site or any association with its operators. If you access any Linked Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the RiseMedical.com domain, you hereby acknowledge and consent that Rise Medical may share such information and data with any third party with whom Rise Medical has a contractual relationship to provide the requested product, service or functionality on behalf of RiseMedical.com users and customers. Please see our Privacy Policy, found at RiseMedical.com/privacy-policy/, for more details about how Rise Medical may collect, use, and disclose information and data.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use RiseMedical.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Rise Medical that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use RiseMedical.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Rise Medical that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Rise Medical or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Rise Medical content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Rise Medical and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Rise Medical or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Rise Medical has no obligation to monitor the Communication Services. However, Rise Medical reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.

Rise Medical reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Rise Medical reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Rise Medical’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Rise Medical does not control or endorse the content, messages or information found in any Communication Service and, therefore, Rise Medical specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Rise Medical spokespersons, and their views do not necessarily reflect those of Rise Medical.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to RiseMedical.com or Posted on Any Rise Medical Web Page

Rise Medical does not claim ownership of the materials you provide to RiseMedical.com (including feedback and suggestions) or post, upload, input or submit to any Rise Medical’s Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Rise Medical, our affiliated companies and necessary sub licensees’ permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Rise Medical is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Rise Medical’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third-Party Accounts

You may be able to connect your Rise Medical account to third party accounts. By connecting your Rise Medical account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated, and administered by Rise Medical from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Rise Medical Content accessed through Rise Medical.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Rise Medical, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Rise Medical reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Rise Medical in asserting any available defenses.

Arbitration

In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN MY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Rise Medical agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RISE MEDICAL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. RISE MEDICAL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.

RISE MEDICAL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RISE MEDICAL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RISE MEDICAL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Rise Medical reserves the right in its sole discretion to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

Governing Law/Entire Agreement

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nebraska and you hereby consent to the exclusive jurisdiction and venue of courts in Nebraska in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rise Medical as a result of this agreement or use of the Site. Rise Medical’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Rise Medical’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Rise Medical with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Rise Medical with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Rise Medical with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Rise Medical reserves the right, in its sole discretion, to change the Terms under which the Site is offered. When changes are made, Rise Medical will make a new copy of the Terms available on the Site. The most current version of the Terms will supersede all previous versions, is effective immediately upon posting to the Site, and will apply to all access and use of the Site from that point onward. The date the Terms were last revised is identified at the bottom of this page. Rise Medical encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Rise Medical welcomes your questions or comments regarding the Terms:

Rise Medical, Inc.

NEWPORT BEACH
RISE MEDICAL INC.
1401 AVOCADO AVE., STE 608
NEWPORT BEACH CA 92660
United States
+ 1-949-270-6152

Email. compliance@risemedical.com

Effective as of January 1, 2021

No representations or claims regarding Rise Medical products are intended to substitute for professional medical advice. Rise Medical recommends that you always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical question or condition.

Notice of Privacy Practices

Effective July 20, 2021 • This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.

Who Will Follow this Notice

This joint notice applies to the staff, volunteers, business associates, and physicians who provide services on behalf of Rise Medical Inc. Rise entities and providers are located throughout the United States. This notice describes how we will use and share your information, how we are required by law to maintain the privacy of your health information and to provide you with notice of our legal duties and privacy practices with respect to your protected health information (PHI). PHI is information about you, including demographic information, that may identify you and that relates to your health or condition and related health care services. We will tell you if your PHI has been breached. We are required to abide by the terms of the notice currently in effect. If you have questions about any part of this notice or if you want more information about our privacy practices, contact our Compliance Department at (949) 270-6152.
How We May Use or Share Your Health Information

We are committed to protecting the privacy of your health information. The law permits us to use or share your health information for the following purposes:
• Treatment: We may use or share your PHI with physicians, nurses, students and other health care personnel to provide you treatment or services. For example, your PHI may be provided to a physician to whom you have been referred to ensure that the physician has the necessary information to diagnose and treat you.
• Payment: We may use or share your PHI to obtain payment for your health care services, including with a collection agency or credit bureau. We may also share your PHI with other providers so they may obtain payment for services. We may also use or share your PHI so that we may locate you for collection purposes, including using services with change of address information to ensure your statements are mailed to the most current address on file with the postal service. For example, obtaining approval for payment of services from your health plan may require that your PHI be shared with your health plan. We may also provide your PHI to our business associates or other providers’ business associates, such as billing companies, transcriptionists, collection agencies, and vendors who mail billing statements.
• Health Care Operations: We may use or share your PHI or a limited data set to operate our facilities. Rise Medical Inc. has an organized health care arrangement and may use or share your PHI for the operations of the organized health care arrangement. For example, we may use your PHI to evaluate the quality of health care services that you received, to evaluate the performance of the health care professionals who provided health care services to you, for medical review purposes or auditing. In addition, we are required in states to report quality improvement for licensing purposes. We may also provide your PHI to accountants, attorneys, consultants, accrediting agencies, outside funding sources and others to make sure we’re complying with the laws that affect us.
• Notification and Communication with Family: Unless you object, we may release to a relative, close friend or any other person that you identify, information that directly relates to that person’s involvement in your health care or who helps pay for your care. We may also use or release PHI to notify or assist in notifying a family member, personal representative or any other person responsible for your care to tell them your location or general condition. Your written authorization is required to provide these disclosures. If you are unable to provide written authorization, agree or object to the release, we may release information as necessary if we determine that it is in your best interest based on our professional judgment, such as emergency situations. Finally, we may use or share your PHI to an authorized public or private entity to assist in disaster relief efforts and to coordinate uses and releases to family or other individuals involved in your health care.
• Required by Law, Court or Law Enforcement: We may release PHI when a law requires that we report information to government agencies and law enforcement personnel about victims of abuse, neglect or domestic violence, when dealing with crime or when ordered by a court.
• Public Health: As required or permitted by law, we may release PHI or a limited data set to public health authorities for purposes related to preventing or controlling disease, injury or disability, reporting to the Food and Drug Administration problems with products and reactions to medications and reporting disease or infection exposure.
• Health Oversight Activities: We may release PHI to health agencies for activities authorized by law. These oversight activities include audits, investigations and inspections, as necessary for our licensure and for the government to monitor the health care system, government programs and compliance with civil rights laws. For example, we may release PHI to the Secretary of the Department of Health & Human Services so they can determine our compliance with privacy laws.
• Public Safety: We may release your health information to appropriate persons to prevent or lessen a serious and near threat to the health or safety of a particular person or the general public.
• Specific Government Functions: We may share your health information for military or national security purposes or in certain cases if you are in law enforcement custody.
• Workers’ Compensation: We may share your health information as necessary to comply with workers’ compensation laws. We report any injuries referred to us from an employer to the Department of Workers’ Compensation and any work-related deaths to OSHA. All employers are given health information regarding work-related injuries they have referred to us.
• Appointment Reminders and Health-Related Benefits: We may use your PHI to contact you to provide appointment reminders or to give information about other treatments or health-related benefits and services that may be of interest to you.
• State-Specific Requirements: Where State laws are stricter than federal privacy laws, we are required to follow the state law.
• Treatment of Sensitive Information: Psychotherapy notes and diagnostic and therapeutic information regarding mental health, drug/alcohol abuse or sexually transmitted diseases (including HIV status) will not be disclosed without your specific permission, unless required or permitted by law.

Your Health Information Rights

• You have the right to request a limit on certain uses and releases of your health information. We will consider your request, but are not required to accept it unless you do not want information about an item or service sent to your health plan and you have paid for the item or service in full. These requests must be in writing and submitted to our Compliance Department.
• You have the right to choose how you receive your health information. You have the right to ask that we send information to you at an alternative address or by other means (for example, telephone instead of mail, post office box instead of home address). We must agree to your request as long as we can easily provide it in the format you requested. These requests must be in writing.
• You have the right to see and get copies of your health information, in most cases. These requests must be in writing. You may request copies of your records from your provider. If your records are maintained in an electronic format, you have the right to obtain an electronic copy of your records. Many State laws restrict access for behavioral health patients.
• You have a right to request that we correct or update information that is incorrect or incomplete. We are not required to change your health information. If we deny your request, we will provide you with information about our denial and how you can disagree with the denial. These requests must be in writing.
• You have a right to receive a list of disclosures we have made. We do not have to account for the disclosures described under treatment, payment, health care operations, information provided to you, information released incident to an allowed disclosure (see Incidental Disclosures section in this notice), information released based on your written authorization, directory listings, information released for certain government functions, disclosures of a limited data set (which may only include date information and limited address information) and disclosures to correctional institutions or law enforcement in custodial situations. These requests must be in writing and must state a time period, which may not be longer than six years.
• You have a right to get a paper copy of this notice. You may request a copy of this notice at any time.

Changes to this Notice

We reserve the right to change this notice at any time in the future. We reserve the right to make the changed notice effective for health information we already have about you, as well as any we receive in the future. We will post a current copy of the notice. Upon request, you may obtain a copy of the current notice by contacting our Compliance Department at (949) 270-6152.

When We May Not Use or Disclose Your Health Information

Except as described in this notice, we will not use or disclose your health information without your written authorization. If you do authorize us to use or disclose your health information for another purpose, you may revoke your authorization in writing at any time. We will be unable to apply your request to revoke your authorization to information disclosed prior to the request.

Incidental Disclosures

We make reasonable efforts to avoid incidental disclosures of your PHI. An example of an incidental disclosure is conversations that may be overheard between you and our team members at a Rise Medical facility.

Privacy Complaints

If you have any questions about this Privacy Policy or Rise’s privacy practices, please contact us at:

Rise Medical Inc.
NEWPORT BEACH
RISE MEDICAL INC.
1401 AVOCADO AVE., STE 608
NEWPORT BEACH CA 92660
United States
+ 1-949-270-6152

compliance@risemedical.com