Terms Of Use

Please carefully review these Terms of Service.

By using this website at https://iv.magentacares.com, clicking 'I Agree' when prompted, or utilizing any other acceptance protocol presented through the service (referred to as the 'Service'), you acknowledge that you have read, understood, and agreed to be legally bound by these Terms of Service. If you do not agree to these terms, do not create an account or use the Service. In addition, by clicking 'I Agree' or indicating acceptance on your behalf, you grant agency authority to any party who accepts these Terms of Service on your behalf.

Arbitration Notice: By accepting these Terms of Service, you consent to resolve disputes between you and us or between you and the medical groups or providers connected to these Terms of Service and the Service through binding, individual arbitration. You also waive your rights to a jury trial and to participate in a class action lawsuit or class-wide arbitration, as further detailed in this document.

If you have a medical emergency, please seek in-person emergency care immediately or dial 911. It's important to note that the Service may not be suitable for all medical conditions or concerns. Please be aware that these Terms of Service are subject to change as described herein.

1. Introduction

This website at https://iv.magentacares.com is owned and operated by Magenta Care LLC, referred to as 'Magenta Care,' 'we,' or 'us.' This website, along with the Magenta Care application, is collectively known as the 'Platform.' Magenta Care provides the Platform, as well as associated booking and membership services (referred to as the 'Service'). The Service connects individuals with local healthcare providers in their area. Your use of the Platform and the Service is subject to these Terms of Service, also known as the 'Agreement.' Please read this Agreement carefully, as it contains essential information about the Service.

In this Agreement, 'you' and 'yours' refer to the person using the Service. If the Service is used by or on behalf of a minor, 'you' and 'yours' refer to the parent or legal guardian providing consent or using the Service on behalf of the minor and the minor themselves. Please refer to the 'Limited Use and Availability' section for more details on the use of the Service by minors. It's important to note that the Service is not intended for individuals under the age of thirteen, and they are prohibited from using any part of the Service or entering into this Agreement, even if a parent or legal guardian provides consent.

2. Acceptance of Terms of Service

Your access to and use of the Service are subject to this Agreement, as well as applicable laws and regulations. If you do not agree to all the terms of this Agreement, you are strictly prohibited from visiting, accessing, registering, or using the Service, except as required to review this Agreement. The Service is continually evolving, and we reserve the right to revise or remove any part of this Agreement or the Service at our sole discretion, without prior notice. Any changes to this Agreement become effective upon posting on this page. If you disagree with this Agreement or any of its terms and conditions, your only option is to discontinue using the Service. Continued use after changes to this Agreement constitutes your acceptance of the modified Agreement.

3. Your Relationship with Us: Medical Disclaimer Regarding Magenta Care Services

Magenta Care owns the Platform and booking service and contracts with medical entities and providers to deliver medical services. However, Magenta Care is not a medical entity or provider and is not responsible for providing medical services.

The Service connects Users with third-party medical providers, pharmacies, or vendors. Users have access to medical groups and providers licensed in their respective states or jurisdictions. By accepting this Agreement, you acknowledge that services booked through the Platform with medical groups, providers, pharmacies, and labs are also subject to this Agreement, and these third parties are beneficiaries of this Agreement. Magenta Care is not liable for the provision of medical services, and you release Magenta Care and its associated parties from any liability regarding medical services.

Magenta Care only schedules services and bills on behalf of medical groups, providers, pharmacies, and labs. It does not provide medical care services. Your interactions with medical groups and providers do not replace in-person healthcare practitioner relationships. You understand that Magenta Care is not a healthcare provider, and any doctor-patient or healthcare provider-patient relationship is with the medical groups and providers. Magenta Care does not control the services provided by labs and pharmacies.

By using the Service, you may establish a direct customer relationship with Magenta Care for the purpose of using the Service. This may involve providing personal information, including health information, in accordance with the Privacy Policy.

4. No Insurance Accepted; Notice Regarding Your Financial Responsibility for Services

Magenta Care and the medical groups do not accept commercial health insurance plans and are not part of any federal or state healthcare programs. As a result, you and Magenta Care or the medical groups cannot receive payment from insurance or such programs for services or products provided through the Service. By using the Service, you acknowledge that you are responsible for the costs of services and products provided to you.

You also acknowledge that you are choosing to obtain products and services on a cash basis outside of commercial health insurance plans or federal or state healthcare programs. You are responsible for the full payment of services or products provided to you through the Service, and neither you nor Magenta Care, the labs, the pharmacies, the medical groups, or the providers will submit a reimbursement claim to any federal or state healthcare program.

5. Subscriptions and Membership Services

Certain products and services available through the Service, such as Monthly Memberships, require automatic renewal on a subscription basis. Your payment method on file will be charged at regular intervals, as described during the checkout process, until you cancel your subscription. For Monthly Memberships, your payment method will be automatically charged on a monthly basis until you cancel, with a three-month minimum requirement. You can cancel a subscription within the specified time frame.

Please note that Monthly Memberships do not cover travel costs and additional service fees.

When purchasing certain subscription products, the total price may include charges for the Service, prescription drugs from pharmacies, and services from medical groups. It simplifies the user experience by presenting a single 'total' subscription price.

6. Prescription Products

Some products available through the Service require a valid prescription by a licensed healthcare provider. You cannot obtain a prescription product without a consultation with a provider who deems it appropriate and writes a prescription.

If a provider approves a prescription product, you will receive information about how to fill the prescription. You can fill certain prescriptions through the Service's pharmacies, and the associated costs are included in the total charge. Prescription products are not dispensed in child-resistant containers.

If you choose to fill a prescription at a different pharmacy, the Service will send the prescription to your selected pharmacy, and you are responsible for picking up the prescription and paying for it. By using the Service, you give consent to disclose your information to the chosen pharmacy for the provision of pharmacy services.

Prescription products available through the Service fall under the 'Third-Party Goods and Services' category, as described in this Agreement.

7. Laboratory Products and Services

Certain laboratory products and services, including at-home testing kits, require a valid prescription or order from a licensed healthcare provider. You cannot obtain these services without a consultation with a provider.

Currently, laboratory products and services offered through the Service are only available through labs, and not local laboratories. If you receive laboratory products and services through the

Service, the testing materials are shipped to you, and the associated costs are included in the total charge.

You must follow the instructions provided with the kit to complete the required steps for sample collection, documentation, and return to the lab. Failure to follow the instructions may result in your samples not being processed.

Laboratory products and services available through the Service also fall under the 'Third-Party Goods and Services' category.

8. Terms of Sale and Payments

You agree to pay all fees for services as presented to you during transactions. Prices are subject to change at our discretion. Payment details, including credit card information and promotional codes, will be requested during the purchase process. By entering your payment information and submitting your request, you authorize us, our affiliates, or third-party payment processors to charge the total amount due, including recurring fees for Subscription Services.

All monetary transactions on the Service occur through online payment processing applications provided by our third-party vendor, Stripe. Additional information about Stripe's privacy policy and security measures can be found on the Stripe website.

You are responsible for all fees related to healthcare and pharmacy services, including fees charged by medical groups, providers, pharmacies, and labs. Your payments may include these fees, which Magenta Care collects on their behalf.

If your credit card expires or payment processing is unsuccessful, you may receive notice to provide an alternative payment method. Neither we nor the associated parties have an obligation to provide services until full payment is received and verified. You are responsible for keeping your payment information accurate and up to date.

Only valid payment methods acceptable to us may be used for purchases through the Service. You authorize us to charge your designated payment method for the total amount of your order, including taxes and handling charges. If your designated payment method is declined, we will attempt to process your charge until it is approved. We may receive updated payment card information from your card issuer when necessary, and we will use this information for future payments. Your card issuer may offer the option to opt out of this service.

You are responsible for any taxes due with your purchase of products or services through the Service. We will collect taxes if required. You may also have to report and pay taxes if we do not collect them. If any products are unavailable in your order, we will only charge you for the products included in the shipment.

9. Limited Use and Availability

The Service is currently available only to individuals located in states and countries where it is offered. Users must be at least eighteen years old, or the age of majority in their jurisdiction of residence, if higher. Individuals between the ages of 13 and 18 may use the Service with parental or guardian consent. By using the Service, you represent and warrant that you meet these age and consent requirements and agree to comply with applicable laws.

Certain products available through the Service may have additional age restrictions, and not all products or services are available to all age groups.

10. Consent to Use of Telehealth Services

Telehealth involves the delivery of healthcare services through electronic communications between a healthcare provider and a patient not in the same physical location. Using telehealth services has potential benefits and risks. Telehealth services cannot replace in-person care in all cases. To use the Service, you must review and agree to an informed consent regarding medical treatment and telehealth. Magenta Care is a third-party beneficiary of this consent and has the right to enforce it against you."

11. Obligation to Provide Information, Access, and Connectivity

It is your responsibility to provide and maintain, at your own risk, cost, and choice, the necessary software and hardware capabilities (in line with any technical, quality, or other requirements specified in the Service) to enable the use of the Service. This includes having a computer or mobile device with a video camera and internet access. You are also solely responsible for any fees, such as internet connection or mobile fees, incurred while using the Service. Additionally, you are obliged to provide accurate, truthful, and complete information in any forms or communications submitted through the Service. Please be aware that we retain the right to modify the access setup, including software, hardware, or other requirements of the Service, without prior notice.

12. Privacy Policy

Magenta Care recognizes the significance of maintaining confidentiality and privacy of your personal information. For details on how we collect, use, and disclose your personal information, please refer to our Privacy Policy.

13. Protected Health Information

When creating an account with Magenta Care, you establish a direct customer relationship with us, enabling you to access and use the Service as a User. In this context, you provide information to Magenta Care, such as your name, email address, shipping address, and phone number. This information may be collected, used, and disclosed according to our Privacy Policy and is not considered "health" or "medical" information.

However, when using certain aspects of the Service, you may also provide medical information that could be protected under relevant laws. It's important to note that Magenta Care is not considered a "covered entity" under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Some Labs, Pharmacies, or Medical Groups may be "covered entities" or "business associates" under HIPAA, while Magenta Care may, in some cases, be a "business associate" of a Lab, Pharmacy, or Medical Group. It's essential to understand that HIPAA doesn't necessarily apply to entities or individuals solely because health information is involved, and it may not cover your interactions with Magenta Care, the Medical Groups, Providers, Labs, or Pharmacies. However, if Magenta Care is considered a "business associate," it may be subject to certain HIPAA provisions regarding "protected health information" (PHI) that you provide to the Labs, Pharmacies, or Medical Groups. Furthermore, any medical or health information you provide, subject to specific protections under state laws, will be used and disclosed in compliance with those laws. Information that doesn't fall under "Protected Information" per applicable laws may be used or disclosed as permitted by our Privacy Policy. "Protected Information" excludes data that has been de-identified following HIPAA standards.

The Medical Groups and Providers have adopted a Notice of Privacy Practices outlining how they use and disclose Protected Information. By accessing or using any part of the Service, you acknowledge receiving the Notice of Privacy Practices from your Medical Group and Provider(s).

By using the Service, you agree that, even if HIPAA applies to Magenta Care, the Medical Groups, the Providers, the Labs, or the Pharmacies, any information you submit to Magenta Care for purposes other than diagnosis, treatment, prescription fulfillment, or laboratory services isn't considered Protected Information. Such information will only be governed by our Privacy Policy and applicable state privacy and security laws.

14. Registration; User Accounts, Passwords, and Security

You are obligated to register and create an account on the Platform to access the Service. The Service is available exclusively to Users who have registered and obtained accounts with usernames and passwords. The information you provide to Magenta Care during registration, including your name, username, email address, shipping address, and phone number, is not considered Protected Information as mentioned in the Protected Health Information section above. You are responsible for maintaining and updating this information accurately. Failure to keep this information current, or providing untrue, inaccurate, or incomplete details, gives us the right to suspend or terminate your account and access to the Service. You also commit to promptly inform Magenta Care if you become aware of any unauthorized use of your username, password, or any security breach related to the Service. Please contact Magenta Care at [email protected] or through our contact form to report such incidents. You must also maintain the confidentiality of your username and password and log out of your User account after each session. Magenta Care disclaims any liability for losses or damages arising from your failure to comply with this section. Using someone else's account at any time is prohibited.

When setting up an account, you will need to provide a username and password for logging into your account. To protect the privacy of transmitted data that includes personally identifiable information, we employ technology to encrypt the information before it's sent to us, using Secure Sockets Layer (SSL) technology or similar encryption methods. We also take measures to safeguard User data against unauthorized access. Nevertheless, keep in mind that the Service and our services rely on software, hardware, and networks, all of which may, from time to time, require maintenance or experience issues or security breaches beyond our control. Furthermore, individuals with access to your devices may access the Service and information about you, including medical information. It's your responsibility to log out from your account when not in use and prevent unauthorized physical access to your devices, as well as safeguard the confidentiality of your username and password.

In using the Service, it's crucial to exercise caution, common sense, and good judgment. You are prohibited from violating or attempting to violate the security of the Service. Any such violations may result in criminal and/or civil penalties. Magenta Care may investigate any alleged or suspected violations and cooperate with law enforcement agencies in their investigations.

15. Use and Ownership of the Service

The Service and the information and content available through it are protected by copyright laws worldwide. Subject to this Agreement, Magenta Care grants you a limited, non- transferable, revocable license to access and use the Service for personal purposes. Unless otherwise specified by Magenta Care in a separate license, your right to use any part of the Service or its content is subject to this Agreement, and all rights in the Service and content are reserved by Magenta Care. You acknowledge that Magenta Care and its suppliers retain all rights, title, and interest in the Service, including computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation. You are not allowed to remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices associated with the Service.

The stylized name "Magenta Care" and related graphics, logos, service marks, and trade names used in connection with the Service are trademarks of Magenta Care and may not be used without permission, including in connection with third-party products or services. Other trademarks, service marks, and trade names that may appear in the Service belong to their respective owners.

16. License for Information Submitted via the Service

Unless limited by Protected Information, any information you transmit to Magenta Care via the Service, whether through direct entry, submission, email, or any other means, including data, questions, comments, forum communications, or suggestions (collectively referred to as "Submissions"), will be considered non-confidential and non-proprietary, to the extent permitted by applicable law. Subject to any applicable account settings you select, you grant Magenta Care a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive,

and fully sublicensable right and license (including any moral rights) to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Submissions, in whole or in part, for the purpose of operating and providing the Service to you and other users. By providing Submissions, you represent that the holder of any worldwide intellectual property right, including moral rights, in Submissions has waived all such rights and granted you the right to grant the license stated above. You accept responsibility for all Submissions you provide to the Service. Additionally, Magenta Care reserves the right, at its sole discretion, to edit, duplicate, or modify the Submission in any way for any purpose it deems necessary or desirable. You irrevocably waive any so-called moral rights you may have in the Submission, and you agree that you have no right of approval or claim to compensation in connection with the Submission. If a Submission contains Protected Information, Magenta Care's rights regarding the use or disclosure of such Protected Information will be subject to limitations as required by applicable law.

17. Prohibited Use

You are prohibited from using or attempting to use the Service for unlawful, unauthorized, fraudulent, or malicious purposes. This includes actions that could damage, disable, overload, or disrupt any server or the connected networks. You may not interfere with others' use and enjoyment of the Service, gain unauthorized access to accounts, computer systems, or networks, access information not intended to be made available by Magenta Care, obtain materials or information not intentionally provided by Magenta Care, reverse engineer, or engage in any activities beyond the intended business purposes. In addition, while using the

Service, you agree not to:

• Upload or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate based on race, gender, sexuality, ethnicity, or other intrinsic characteristics, or that invades another person's privacy or publicity rights.
• Create false identities or duplicate accounts to mislead or impersonate others.
• Upload material that you do not have the right to reproduce, display, or transmit under the law or under contractual or fiduciary relationships (such as nondisclosure agreements).
• Upload files that contain viruses, malware, corrupted files, spyware, or similar software that may harm others' computers or property.
• Remove author attributions, legal notices, or proprietary designations from any communication feature.
• Use the Service's communication features in a way that negatively impacts its resources for other users, such as excessive use of capital letters or flooding with repetitive text.
• Upload or transmit unsolicited advertising, promotional materials, "spam," "chain letters," "pyramid schemes," "phishing," or any form of solicitation, commercial or otherwise.
• Violate any applicable local, state, national, or international law.
• Upload material that infringes on any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any party.
• Delete or modify material posted by other individuals or entities.
• Manipulate the Service's display using framing, mirroring, or similar navigation technology.
• Probe, scan, test the vulnerability of, or breach the authentication measures of the Service or related networks or systems.
• Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe other parties for services, contests, promotions, or sweepstakes without explicit authorization.
• Harvest or collect information about others, including email addresses.
• Use any automated or manual means to access the Service, copy, download, distribute, or reproduce its content or information.
• Assist or permit anyone in engaging in these activities.

Magenta Care reserves the right to take lawful actions in response to actual or suspected violations, including suspending or terminating a User's access and account. Magenta Care may also cooperate with legal authorities and third parties in investigating suspected or alleged criminal activities or civil wrongs. Except as provided in the Privacy Policy or as required by applicable law, Magenta Care has no obligation to return or provide content, information you submit, information your Providers submitted about you, or any other information related to you, whether before or after your use of the Service is terminated.

18. Third-Party Goods and Services

Parties other than Magenta Care, including Labs, Pharmacies, Medical Groups, and Providers, provide services or sell products through the Service. Magenta Care may also offer certain services, devices, items, or products from Third-Parties for purchase (referred to as "Third-Party Goods and Services"). Your interactions with Third-Parties, including payments and product or service delivery, are solely between you and the Third-Parties. You should conduct any necessary investigations before engaging in transactions with Third-Parties, whether online or offline. You are responsible for exercising caution, discretion, common sense, and judgment when using the Service and disclosing personal information.

Magenta Care is not responsible or liable for any losses or damages incurred due to your use of the Service, including Third-Party Goods and Services or interactions with Third-Parties. In case of disputes with Third-Parties, other Users, entities, or individuals, you acknowledge and agree that Magenta Care is not obligated to mediate in such disputes. Furthermore, you release and indemnify Magenta Care and its directors, officers, members, managers, employees, contractors, representatives, agents, predecessors, successors, and assigns (referred to as "Magenta Care Parties") from any and all claims, demands, and damages (actual or consequential) of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from or related to such disputes, the Service, or its features and services. If you are a California resident, you waive California Civil Code Section 1542, which states that a general release does not extend to claims unknown to you that, if known, would have materially affected your settlement with the debtor or released party.

Certain Magenta Care Owners and Personnel may have financial interests in one or more Third- Parties and may benefit from your use of Third-Parties and the sale of Third-Party Goods and Services to you.

19. Termination

Magenta Care reserves the right to terminate your use of the Service, any of its features, or services at any time and for any reason, without prior notice. This may include situations where your conduct violates this Agreement, our agreements with Medical Groups, or if we discontinue the Service. Provisions in this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, liability limitations, dispute resolution through arbitration, indemnity, and jurisdictional matters shall remain in effect after such termination or any other termination of this Agreement or your relationship with Magenta Care. You agree that if your use of the Service is terminated according to this Agreement, you will not attempt to use the Service under any name, real or assumed. Furthermore, you agree to indemnify and hold all Magenta Care Parties harmless from any liability they may incur regarding your violation of this restriction following termination.

Except as provided in the Privacy Policy or required by applicable law (including any obligations related to health records access), Magenta Care has no obligation to return or provide you or any third party with any content, information you provide to us, information your Providers provided about you, or any other information related to you, whether before or after the termination of your Service use.

20. Disclaimers

The content and other information on the Service are provided

for user convenience and are used at the user's own risk.

The Service is provided "as is" or "as available." Users access or use the Service voluntarily and at their own risk. To the fullest extent permitted by law, Magenta Care and Third-Parties offering products or services through the Service, including Medical Groups, Providers, Labs, and Pharmacies, disclaim all warranties and conditions, whether express or implied, statutory or otherwise. This includes, but is not limited to, implied warranties of merchantability, non- infringement of third parties' rights, satisfactory quality, and fitness for a particular purpose, both regarding the Service and any information, content, products, services, merchandise, or other material provided on or through the Service or Platform. Magenta Care does not warrant or guarantee the accuracy, completeness, reliability, timeliness, or usefulness of the Service. Magenta Care does not warrant that the Service will function without delays, disruptions, interferences, imperfections, corruption, cyber attacks, viruses, malware, or other adverse incidents.

21. Limitation of Liability

To the maximum extent allowed by applicable law, Magenta Care will not be held responsible for any incidental, indirect, special, exemplary, or consequential damages, personal or bodily injury, emotional distress, wrongful death, loss of data, lost profits, or harm resulting from the utilization of, or inability to use, the service. This includes any information and content available through the service or any services and products offered by third parties, regardless of whether it's based on warranty, contract, negligence, or any other legal theory. Magenta Care's liability will only extend to actual damages incurred by you, not exceeding $1,000.

Any claims related to your use of the service or its content must be filed within one year of the incident in question. By using the platform, service, or content, you agree to waive your right to participate in a class action lawsuit for losses or damages resulting from your use.

In cases where the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages is not permitted by local laws, Magenta Care's liability and warranty scope will be the minimum allowable by law.

22. Indemnification

You agree to protect, indemnify, and absolve Magenta Care, along with third parties offering products or services through the service (such as medical groups, providers, labs, and pharmacies), from any legal actions, claims, costs, and obligations arising from your use of the service, fraudulent activities, law violations, or breaches of this agreement. Magenta Care reserves the right to manage the defense of third-party claims for which it is entitled to indemnification, and you agree to provide cooperation as requested.

23. Notices

Magenta Care may send you notifications regarding the service or this agreement via email, notices on the service, or standard mail, at its discretion.

24. Changes to Terms of Service and Services

The service is continuously evolving, and Magenta Care retains the right to revise or remove portions of these terms of service at any time without prior notice. It's your responsibility to periodically review the terms of service when using the service to stay informed of any changes. Changes to these terms become effective upon posting on the service, unless applicable law mandates additional notice or actions before these changes take effect. If you disagree with these terms of service, your sole option is to cease using the service. Continued use after a change is posted signifies your acceptance of those changes.

25. Electronic Communications

By accessing the service, sending emails or SMS messages to Magenta Care, medical groups, or their providers, you agree to receive electronic communications from these parties. These communications will be sent via email, SMS, or through the service. You acknowledge that electronic notices fulfill any legal requirement for written communications and agree that notices sent electronically are considered delivered on the transmission date specified in this agreement.

26. Entire Agreement

This agreement and any additional agreements posted on the service or entered into between Magenta Care and you constitute the entire understanding between the parties regarding the use of the service. This agreement supersedes any prior agreements, including previous versions of this agreement.

27. Binding Arbitration / Class Waiver

Both you and Magenta Care concur that any legal claims or disputes arising from the service, content, or other goods, services, or advertising provided by Magenta Care, medical groups, providers, labs, pharmacies, or any other third parties, including disputes over the applicability, enforceability, or validity of any provision in this agreement (collectively "disputes"), will be settled through confidential binding arbitration conducted by the American Arbitration Association (AAA) rather than in court. The arbitration process will be governed by AAA's commercial arbitration rules, and, if applicable, the supplementary procedures for consumer- related disputes (collectively "rules and procedures"). This agreement explicitly waives your right to a trial by jury and to pursue legal proceedings in court, except as provided herein.

Arbitration is less formal than a court trial, and it employs a neutral arbitrator rather than a judge or jury. The scope of court review of arbitration decisions is limited. However, an arbitrator can grant similar damages and relief as a court.

The payment of arbitration costs will follow AAA's fee schedule, unless you can demonstrate that your share would be prohibitively costly compared to litigation expenses. In that case, Magenta Care will cover the necessary arbitration costs to avoid cost-prohibitive proceedings. Magenta Care reserves the right to take responsibility for all arbitration costs as determined by AAA in its sole discretion. Each party will bear its own attorneys' fees and expenses, except when a governing statutory provision mandates the prevailing party's entitlement to such fees and expenses. Magenta Care Parties will not seek to recover attorneys' fees or costs incurred in arbitration from you if you are a consumer.

Arbitration will be conducted in Los Angeles, California. However, if your residence is not within 100 miles of Los Angeles, the arbitration may occur within 100 miles of your residence, provided both parties agree in writing. The arbitrator's award is final and binding and can be entered as a judgment in any court with jurisdiction.

For additional information about AAA, its rules and procedures, and how to initiate arbitration, you can contact AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.

Notwithstanding anything contrary in this agreement, if the dispute arises from (a) an intellectual property rights violation of either party or (b) any claim related to theft, piracy, unauthorized use, or a violation of the Computer Fraud and Abuse Act, then the parties may seek injunctive remedies in a state or federal court in Los Angeles, California. Both parties submit to the personal jurisdiction of such courts for these proceedings. In addition, either party may initiate an individual action in small claims court for disputes that fall within the court's jurisdiction, instead of arbitration, as long as it remains on an individual basis.

All disputes subject to arbitration under this agreement must be arbitrated on an individual basis, not on a class, collective, or representative basis. Neither party can bring an arbitration claim as a private attorney general or in a representative capacity, or as a plaintiff or class member in a purported class action. Claims from multiple customers or users cannot be joined or consolidated. The arbitrator can grant relief (including monetary, injunctive, and declaratory relief) only to the individual party seeking it and only to the extent necessary to address that party's individual claims. If a decision states that applicable law prohibits the enforcement of any limitations in this paragraph regarding a particular claim, then only that claim will be separated from the arbitration and may be pursued in state or federal courts in Los Angeles, California. All other claims remain in arbitration, and the parties agree not to proceed with litigation until all arbitration claims are resolved. The parties submit to the personal jurisdiction of federal and state courts in Los Angeles, California for severed claims.

Before initiating arbitration, you must send Magenta Care a written Notice of Dispute including your name, residence address, username (if applicable), email address linked to your user account (if applicable), a detailed description of the dispute, and the relief you seek. Similarly, before Magenta Care starts arbitration against you, a written Notice of Dispute with a detailed description of the dispute and the relief sought will be provided to you. If a dispute is not resolved within 30 days of receiving the Notice of Dispute, either party can initiate arbitration. Any future material modifications to the provisions governing arbitration or dispute resolution in this agreement will not apply to disputes for which both parties had already sent a Notice of Dispute according

to this paragraph.

28. Governing Law; Venue; Severability of Provisions

Magenta Care controls and operates the service from California. Those who access the service from other locations do so at their own discretion and must comply with local laws, if applicable. Access to the service from jurisdictions where its contents are illegal or penalized is prohibited.

This agreement's validity, interpretation, construction, and performance are governed by the Federal Arbitration Act and the laws of the State of California, without consideration of conflict of law provisions.

All provisions in this agreement apply to the fullest extent allowed by law. Magenta Care's failure to enforce any part of this agreement will not constitute a waiver of that right. If any part of this agreement cannot be enforced as written, it will be replaced with terms that best match the unenforceable part's intent, to the extent permitted by law. The invalidity of any part of this agreement will not affect the validity and enforceability of the remaining provisions. Section headings are for convenience and have no legal force or effect.

29. Assignment

You cannot assign any of your rights under this agreement, and any such attempt will be null and void. Magenta Care may, at its sole discretion, assign or transfer this agreement or any contractual rights and obligations under this agreement, in whole or in part, to any Magenta Care affiliate or third party in the event that some or all of Magenta Care's business is transferred through merger, asset sale, or other means.

30. Third Party Beneficiaries

Any use of third-party software in connection with the service, or third-party goods and services accessed or used with the service, will be governed by the applicable third-party's license or terms of use, or this agreement in the absence of such terms. Other than the indemnification obligations in favor of Magenta Care and the parties' agreement to arbitration, no intent exists to create or establish third-party beneficiary rights or similar rights for any referenced individuals, subcontractors, or third parties. Except as specifically stated in this agreement, no third party has the right to enforce any rights or enjoy any benefits created under this agreement.

31. Contacting Us

If you have any questions or concerns about this agreement, please reach out to us through our contact form. We will make every effort to address your questions or concerns promptly upon receipt.