Terms of Use

Last Updated April, 2020

INTRODUCTION 

A. General Description of Document. These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Blink Health, Inc.  and its wholly owned subsidiaries, (collectively, “Blink,” “we,” “us,” and “our”), including the www.blinkhealth.com website and the Blink mobile application (the “Site”), as well as the services (“Services”) and products (“Products”) available to users through the Site. Blink (“Blink,” “we,” “us,” and “our”) contracts with (i) Broadway Provider Group, P.A., a Florida corporation; (ii) Broadway Provider Group of CA, P.C., a California corporation; (iii) Broadway Health Provider Group of DE, P.A., a Delaware corporation; and (iv) Broadway Provider Group of NJ, P.C., a New Jersey corporation  and its local affiliates (collectively, “Broadway Provider Group”) regarding online healthcare management services, telehealth medical consultations, and secure messaging between Broadway Provider Group physicians and other healthcare professionals (individually the “Provider” and collectively the “Providers”) and their patients. (See Section below for supplemental terms applicable to Providers.) We also facilitate access to prescription fulfillment services offered by Blink Health Pharmacy, LLC and other pharmacies (the “Pharmacies”).  The professional medical services (which are provided by Broadway Provider Group) and the non-clinical Site services (which are provided by Blink) are collectively referred to in this Terms of Use as the “Telemed Services”. The terms “you” and “your” means you, your dependent(s) if any, and any other person accessing your Blink Account.  
B. Conditional Use. Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services and purchase of Products. By clicking “accept,” “continue,” or “purchase,” you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use, the Notice of Privacy Practices provided to you by the Broadway Provider Group, and our Privacy Policy https://www.blinkhealth.com/legal/privacy-policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.
C. Accuracy of Information; Functionality.  Although Blink attempts to ensure the integrity and accurateness of the Site and Service descriptions, other than as specifically represented in these Terms of Use, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions, and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Blink so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Blink shall have no responsibility or liability for information or content posted to the Site from any non-Blink affiliated third party.
D. For Personal Use Only. You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Blink and Broadway Provider Group fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct Broadway Provider Group to transmit that prescription to the pharmacy of your choice.
E. Affiliations. Blink is not sponsored by or affiliated with any of the pharmacies identified on our Site, with the exception of Blink Health Pharmacy. The pharmacy trademarks and logos on the Site are the property of their respective owners. Blink is not offering advice, recommending, or endorsing any specific prescription drug, pharmacy, or other information. Please seek medical advice before starting, changing, or terminating any medication or prescription. Blink may at times receive compensation from its pharmaceutical manufacturer partners for providing marketing and adherence services.

PRIVACY PRACTICES; BLINK AS YOUR AGENT

A. Privacy Policy. You agree that information provided by you in connection with the Services and Site shall be governed by the Blink Privacy Policy https://www.blinkhealth.com/legal/privacy-policy, which is hereby incorporated and made a part of this Agreement. You agree that information provided by you in connection with the Telemed Services shall also be governed by the Broadway Provider Group Notice of Privacy Practices, and is hereby incorporated and made a part of this Agreement. 
B. Blink as Your Agent. Blink provides a variety of healthcare management services designed to reduce the cost of your healthcare and facilitate your healthcare-related interactions with physicians, pharmacies, healthcare coverage providers and pharmacy benefit managers (“PBMs”) (collectively, “Healthcare Entities”). In order to provide you with these services, Blink needs you to authorize Blink to take certain actions on your behalf. BY ACCEPTING THESE TERMS OF USE, YOU APPOINT BLINK AS YOUR AGENT WITH RESPECT TO (I) OBTAINING YOUR MEDICAL INFORMATION, INCLUDING PROTECTED HEALTH INFORMATION (“PHI”) SUBJECT TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (“HIPAA”), FROM YOUR HEALTHCARE ENTITIES, INCLUDING EXERCISING YOUR RIGHT TO OBTAIN ACCESS TO YOUR PHI PURSUANT TO 45 C.F.R. § 164.524 ON ONE OR MORE OCCASIONS WHILE YOU ARE A BLINK MEMBER, (II) FINDING LOWER PRICES FOR YOUR HEALTHCARE, (III) FINDING ARRANGEMENTS THAT MAY REDUCE THE COST TO YOU OF YOUR HEALTHCARE, (IV) SCHEDULING APPOINTMENTS WITH HEALTHCARE ENTITIES, (V) CONTACTING HEALTHCARE ENTITIES, INCLUDING PHYSICIANS OR PHARMACIES, ON YOUR BEHALF TO REQUEST INFORMATION NECESSARY TO PROVIDE BLINK’S SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR MEDICAL AND HEALTHCARE PAYMENT OR COVERAGE INFORMATION, YOUR MEDICATION HISTORY, AND YOUR BILLING INFORMATION AND HISTORY, OR (VI) CREATING OTHER SEAMLESS, TAILORED HEALTHCARE EXPERIENCES. Examples of communications that Blink may make on your behalf as your agent include contacting your pharmacy to (i) request transfer of your prescription to a new pharmacy, (ii) initiate a prescription refill or auto-refill (iii) request that the pharmacy seek a prescription renewal authorization from your physician, or (iv) research and apply for copay assistance programs. Blink may also contact your physician so that the physician may contact you regarding a refill renewal.
C. Limited Authorization. Blink will be authorized to act as your agent solely for the purpose of providing the Services outlined in these Terms of Use. Your appointment of Blink as your agent will end if this Agreement is terminated as expressly permitted herein.

SERVICES, ORDERING, AND PAYMENTS

A. Not For Emergencies. THIS SITE MAY NOT BE USED IN ANY EMERGENCY SITUATION. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary care provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition before stopping, starting, or modifying any treatment or modification.
B. Eligibility; Site Access; Security And Restrictions; Passwords.  In order to access the Site and the Services, you represent and warrant that you are older than 18 years old. You agree to fully, accurately, and truthfully create your Blink Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your Blink ID and credentials. The Blink ID and/or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Blink ID and/or credentials, and for all activities that occur under such Blink ID and/or credentials. You agree to prohibit anyone else from using your Blink ID and/or credentials and agree to immediately notify Blink of any actual or suspected unauthorized use of your Blink ID and/or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Blink at any time with or without cause.
C. Security. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iii) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.  
D. Limited Use. You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other 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. Blink will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
E. No Users Under Age 18. In order to access the Site and the Services, you represent and warrant that you are older than eighteen (18) years old. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at info@blinkhealth.com or call us at (844) 265-6444.
F. NOT AN INSURANCE PRODUCT.  NEITHER BLINK NOR BROADWAY PROVIDER GROUP ARE INSURERS. THE SERVICES ARE NOT INSURANCE PRODUCTS, AND THE AMOUNTS YOU PAY TO BLINK OR BROADWAY PROVIDER GROUP ARE NOT INSURANCE PREMIUMS OR INSURANCE COST-SHARES. IF YOU DESIRE ANY TYPE OF HEALTH OR OTHER INSURANCE, YOU WILL NEED TO PURCHASE SUCH INSURANCE SEPARATELY. BLINK IS A MEMBERSHIP ORGANIZATION  THAT CONTRACTS WITH PHARMACIES AND OTHERS TO PROVIDE PATIENTS WITH ACCESS TO AFFORDABLE MEDICATIONS. AS DESCRIBED IN THESE TERMS OF USE, YOUR BLINK MEMBERSHIP ENTITLES YOU TO ACCESS TO AFFORDABLE MEDICATIONS AND A VARIETY OF HEALTHCARE-RELATED SERVICES. BLINK IS NOT AN INSURANCE PLAN, AND IS NOT INTENDED AS A SUBSTITUTE FOR INSURANCE. THE BLINK PRESCRIPTION DRUG ACCESS PROGRAM CANNOT BE USED IN CONJUNCTION WITH (1) ANY FEDERAL OR STATE-FUNDED PROGRAM SUCH AS MEDICARE OR MEDICAID OR (2) ANY HEALTHCARE COVERAGE OR BENEFIT. THE BLINK PRESCRIPTION DRUG ACCESS PROGRAM ALSO DOES NOT MEET MINIMUM CREDITABLE COVERAGE REQUIREMENTS UNDER STATE HEALTHCARE COVERAGE REGULATIONS. You hereby acknowledge and agree that Blink will be treated as the primary payor with respect to medications that you have selected to purchase through the Services. You may request a written list of pharmacies participating in the Blink prescription drug access program (“Program”) in your area, including name, address and phone number, by contacting us as using the information set forth below. Blink does not make any payments to pharmacies to participate in the Program.
G. Insurance. Please note that cash payments that you make for medications through the Services may not count toward your prescription drug coverage out of pocket costs, but you can confirm that by contacting your coverage provider. If you are a Medicare Part D beneficiary, then cash payments made through the Services will not count toward your Medicare Part D cost-sharing obligation.
H. Ordering And Purchasing Of Services Or Products. Your placement of an order does not necessarily ensure that we will accept your order. We may require additional information regarding your order if you have not provided all the information required by us to completed. We do not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on our Site.
I. Pricing. Blink will honor the price reflected at the time you purchased your medication; however, should  form, dosage, or quantity be adjusted between purchase and pick-up, YOU WILL BE CHARGED OR CREDITED THE PRICE DIFFERENCE. Blink reserves the right to cancel a transaction and refund you if the underlying cost of the prescription drug changes  after you have purchased your medication. Blink reserves the right to change its prescription drug prices in real time based on supply and demand trends and other factors. Any savings claims made by Blink are based on U.S. cash retail prices without prescription drug coverage. Retail Prices (Cash Prices) vary among pharmacies. The Retail Prices displayed are estimates based on multiple sources, including price lists, historical claims and data provided by pharmacies. Our Price Match Guarantee applies only to generic drugs. Additional conditions apply. For more details visit our Price Match page. https://www.blinkhealth.com/price-match-guarantee
J. Payment Pre-authorization. For new purchases, we pre-authorize payment for the dosage and quantity that you have selected -- it’s fully refundable. Your final price is based on the medication you pick up at the pharmacy or what you receive through our home delivery service. If you pick up a different form, dosage, or quantity, you will be charged or credited the difference. 
K. Order Processing. Once a properly completed order and authorization of your form of payment is received, we will process your order and Product for shipment. Delivery may be subject to delays. Free shipping is available for most orders through USPS first class shipping. If an order is placed, or if a delivery period falls, on a USPS holiday, the delivery time window will be extended by additional days, as applicable. No deliveries on Sunday or USPS holidays. Home delivery orders ship from a licensed, US based pharmacy after a valid prescription has been received. No home delivery orders will ship without a valid prescription written by a prescriber. Blink's pharmacy team will transfer prescriptions from other pharmacies or prescribers. Home delivery orders may be subject to delays if those pharmacies or prescribers do not immediately respond to requests to transfer prescriptions to Blink's pharmacy team.
L. Replacement & Refund Policy On Home Delivery Only.  All drug replacement orders for errors or failures in shipment or delivery are at the discretion of Blink Health Pharmacy, in accordance with its determination of medical appropriateness. Blink Health Pharmacy reserves the right to decide that a replacement is not medically appropriate, in which case a refund will then be given to the patient. Blink Health Pharmacy reserves the right, in its sole discretion, whether to issue a replacement for packages a patient reports as ‘undelivered’ that the USPS has reported as ‘delivered.’ 
M. Typographical Errors And Incorrect Pricing.  In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Products and/or Service(s) listed at the incorrect price. We shall 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 credit or debit card has already been charged for the 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.
N. Risk Of Loss.  All Products purchased from our Site are delivered to shipment carriers. The risk of loss and title for such Products pass to you when they are delivered to the carrier
O. Online Payments.  You can purchase services and items on the Site. To simplify the user experience on the Site, you are able to pay for your purchases via the Site with Blink serving as payment processing agent on your behalf. If you elect to purchase a service from Broadway Provider Group or an item (e.g., a prescription product) from a Pharmacy listed on our Site, then the total price you pay includes the amount charged by Broadway Provider Group for the service, as well as the amount charged by the Pharmacy.. We collect the amounts charged by the Pharmacy and Broadway Provider Group on your behalf and pass through to them the payment for their actual charges. Before making a purchase, you will see an itemized invoice listing the actual charges by Broadway Provider Group for the services, the Pharmacy for the prescription products, and us for the online membership fee. You can purchase services on the Site. Payment processing services for our Site are provided by Stripe. As a condition of Blink enabling payment processing services through Stripe, you agree to provide Blink accurate and complete information about you and your business, and you authorize Blink to share it and transaction information related to your use of the payment processing services provided by Stripe. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change 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 you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and/or you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. If Blink is unable to secure funds from the payment method you provide for any reason, including insufficient funds in the payment method or insufficient or inaccurate information provided by you when submitting electronic payment, Blink may undertake further collection action, including application of fees to the extent permitted by law. You acknowledge and agree that you will not dispute the charges from Blink with the payment method company, provided the transactions correspond to the terms indicated in these Terms of Use.

TELEHEALTH

A. Services Provided – No Medical Care Or Advice By Blink. Rather, Blink offers an online communication platform for Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers. 
B. Relationship with Broadway Provider Group. Blink does not provide medical advice or care. Blink contracts with Broadway Provider Group, an independent, physician-owned medical group, which provides access to with a network of United States based Providers who provide clinical telehealth services. Blink provides administrative and business support services to the Broadway Provider Group. Broadway Provider Group and its affiliated Providers deliver clinical services via the Blink platform to their patients. Blink licenses the “BROADWAY PROVIDER GROUP” brand name to the independently owned and operated medical practices that use its platform and its administrative, business support, and other services. Providers are independently contracted or employed by the Broadway Provider Group. Providers are not contracted or employed by Blink. The Providers, and not Blink, are responsible for the quality and appropriateness of the care they render to you. Blink and the Broadway Provider Group do not provide any legal advice or representations in any way regarding any legal issues associated with advice, information, goods, or services offered by a Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. The medical services, treatment, and care you receive may vary depending on the Provider you interact with. Please contact your Provider or the Broadway Provider Group directly for any questions regarding your care or medical treatment.
C. Independent Medical Judgment. The Providers are independent of Blink and are merely using the Site as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from Blink. Your interactions with the providers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Blink, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the Site. Blink does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
D. No Representations by Blink. Blink does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service. You will be provided with available Providers based solely on the information you submit to the Site. You are ultimately responsible for choosing your particular Provider.  
E. Prescription Policy; No Endorsements. When using Telemedicine Services, neither Blink nor Broadway Provider Group endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Telemedicine Services.  If a Provider determines a prescription product is appropriate for you and writes a prescription, you may fill it through one of the Pharmacies by using the Site, or you may fill the prescription at any pharmacy of your choice as prompted during your use of the Service or by calling   . Prescriptions fulfilled by the Pharmacies may not use child-resistant packaging and prescription products may not be dispensed in child-resistant containers. If you complete a consultation with a Provider and fill a prescription through one of the Pharmacies, the prescription product will be shipped to you by the applicable Pharmacy.
F. Subscription Terms. If you purchase a subscription to our Services, your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by clicking here 844.265.6444. If you cancel your subscription, your account will automatically close at the end of your current billing period. Blink may change the price for your Blink 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 continuing to use the Blink 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.
G. Healthcare Choice. As outlined herein, Blink facilitates a variety of healthcare-related interactions with your Providers and the Healthcare Entities, but only to the extent that those interactions are initiated by you. You remain responsible for your healthcare choices and decisions. The Services are designed to offer you with additional choices and options regarding your healthcare, not limit those choices and options. You may always choose to obtain healthcare products and services through channels other than the Services and from Providers and Healthcare Entities that do not have arrangements with Blink.
H. Risks of Telehealth Services. Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. By using the Telemed Services, you acknowledge the potential risks associated with telehealth services. These include, but are not limited to, the following: information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information. The telehealth services are not a substitute for in-person health care in all cases. In order to use the Service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you by Broadway Provider Group and the Providers through the Site. You agree that Blink is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.
I. Availability of Services. Blink and Broadway Provider Group operate subject to state and federal regulations, and the Telemed Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Telemed Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Telemed Services is limited exclusively to users located in States within the United States where the Telemed Services are available. Blink Health services are only available within the United States, and are not intended for, or directed to, residents of the European Union or European Economic Area. Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.

COMMUNICATIONS

A. Electronic Communications. When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Blink and Broadway Provider Group may contact you by telephone, mail, or email to verify your Account information. Blink and Broadway Provider Group may request further information from you and you agree to provide such further information to ensure 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 to us as requested. 
B. Consent To Receive Calls And Text Messages And Video Recording. By providing your mobile number, you are agreeing to be contacted by or on behalf of Blink at the mobile number you have provided, including calls and text messages, to receive informational, Product or Service related (e.g., progress tracking, reminders, etc.) and communications relating to the Site and Services. Your Broadway Provider Group Provider may record (audio and video) all or part of your interaction with him or her (“Recordings”). Such Recordings are used for quality assurance purposes, to better deliver to you the Products, Services and Telemed Services, and to help Blink improve the Site. Blink will keep such Recordings confidential, and we will not publicly display such recordings unless legal required to do so, such as if subject to a court order. By accessing and using the Site, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy [https://www.blinkhealth.com/legal/privacy-policy].
C. Texting Disclosures. Message and data rates may apply. For help, text the word HELP to 84825. To stop receiving text messages text the word STOP 84825, or by updating your profile on our Site to opt out of receiving such messages. 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 services you wish to stop. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services. YOU AGREE TO NOTIFY BLINK IF YOU STOP USING A PHONE NUMBER THAT YOU HAVE PROVIDED TO US WITH THE UNDERSTANDING THAT YOU WILL BE RECEIVING TEXT MESSAGES FROM BLINK. YOU AGREE TO INDEMNIFY BLINK FOR TEXT MESSAGING CHARGES AND FEES THAT MAY RESULT FROM YOUR FAILURE TO PROVIDE SUCH NOTIFICATION TO BLINK.
D. Pharmacy Communications. In addition, you agree that Blink Health Pharmacy, LLC (the “Pharmacy”) may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf regarding any prescriptions from your doctor or updates related thereto. You also understand that you may opt out of receiving text messages from the Pharmacy at any time by texting the word “STOP” to 22425 using the mobile device that is receiving the messages.  If you have questions, please call 1-844-737-5641 or text “HELP” to 23268. Any text messages from the Pharmacy are free to the end user, will be received by you only when the Pharmacy receives a prescription from your physician, and will be no more than one text message from the Pharmacy per day. This program is supported by the following carriers: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular, Cellular One, MetroPCS, Cellcom, Cellular South, Carolina West Wireless, Interop, ClearSky, nTelos, and Virgin Mobile.  Please note, however, that T-Mobile® does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.

OTHER CORE TERMS

A. Ownership Of The Site And Related Materials; Additional Restrictions. All pages within this Site and any material made available for download are the property of Blink, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.
B. Limited License. Subject to these Terms of Use and the payment of all applicable fees, Blink 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 Blink 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 express written consent of Blink. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Blink without express written consent. You may not use any meta tags or any other "hidden text" utilizing Blink’s name or trademarks without the express written consent of Blink. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Blink. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Blink without our express written consent.
C. No Medical Care.  The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Blink. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Blink, or in connection with any communications supported by Blink, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.
D. Promotions.  Blink may offer promotions from time to time, such as programs that offer you rewards for referring new users to Blink or filling your first prescription through Blink (“Blink Promotions”). Referral promotion codes are intended for an invited user’s first prescription filled through Blink – not for existing Blink users. First-prescription promotions may only be used once by an individual user – you may not create multiple Blink memberships and use a first-prescription promotion code more than once. A code issued to you to participate in a Blink Promotion should only be used for personal and non-commercial purposes. This means that you can invite your friends to become Blink members as part of a Blink referral promotion using your personal connections via social media where you are the primary content owner. Public distribution of a Blink referral promotion on sites where you are a contributor but not the primary content owner (e.g., Wikipedia, coupon websites) is not allowed. Promoting your referral code via Search Engine Marketing (e.g., AdWords/Yahoo/Bing) is also not allowed. Blink reserves the right to suspend your account and revoke any referral credits if they were earned in violation of these Terms of Use. If you obtain a first-prescription offer in violation of these Terms of Use, Blink reserves the right to charge the credit card that you have provided for the amount of any unauthorized first-prescription offers.
E. Links to Other Sites.  Blink makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Blink site, please understand that it is independent from Blink, and that Blink has no control over the content on that website. In addition, a link to a non-Blink website does not mean that Blink 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 such items 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 this entirely at your own risk 
F. 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 or our Site (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, 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. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Blink and Broadway Provider Group that you have the legal right and authorization to provide all User Information to Blink and Broadway Provider Group for use as set forth herein and required by Blink and the Broadway Provider Group Provider(s).
G. Use for Legal Purposes Only. 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) (collectively “Information”) 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 programing 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 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, 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 engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to 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 Blink; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Site or the Services; and (xi) infringe or facilitate infringement on 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.
H. User Information. You agree to defend, indemnify, and hold harmless Blink, Broadway Provider Group, 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.
I. Accuracy of Information; Functionality. Although Blink attempts to ensure the integrity and accurateness of the Site and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions, and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Blink so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Blink shall have no responsibility or liability for information or content posted to the Site from any non-Blink affiliated third party.
J. Reserved Rights. Blink and Broadway Provider Group each reserves complete and sole discretion with respect to 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 carrier. We are not responsible for maintaining information arising from use of the Site or with respect to 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 and/or destruction policies, these Terms of Use, and applicable law.
K. Claims of Copyright Infringement. We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. Blink 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 that are reported to Blink’s Designated Copyright Agent, identified below.
L .Notices of Alleged Infringement for Content Made Available on the Site.   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 that access to which 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:
5. “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).”
6. “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.”
7. Provide your full legal name and your electronic or physical signature.
8. Deliver this Notice, with all items completed, to

Blink Health, LLC

1407 Broadway

2nd Floor Suite 2100

New York, NY 100182

Telephone: (844) 265-6444

Email: info@blinkhealth.com

M. Intellectual Property.  With the exception of your electronic medical record, Blink and Broadway Provider Group, 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 Blink or Broadway Provider Group (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of Blink or Broadway Provider Group, 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 Blink or Broadway Provider Group trademarks, service marks, and logos are strictly prohibited without the prior written permission of Blink or Broadway Provider Group, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained 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 Blink, Broadway Provider Group, or the third party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
N. Reserved Right to Remove Information. Blink 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.
O. Export Law Indemnification. 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 Blink and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Blink and its affiliates harmless against and from losses, damages, costs, and reasonable attorneys’ fees incurred in defending or resolving any suits brought against Blink or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your Account will be terminated for any of the above infractions.
P. Disclaimer of Warranties. BLINK 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 OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED 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. BLINK DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
Q. Responsibility for Use. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. BLINK 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 BACK UP AND SECURITY.
R. Warranties. WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY BLINK ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY BLINK OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. BLINK DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. BROADWAY PROVIDER GROUP PROVIDERS DO NOT PRESCRIBE DEA CONTROLLED SUBSTANCES, SUCH AS THOSE 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. BLINK 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 SERVICE, 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.
S. Limitation of Liability Regarding Use of Site. EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION: BLINK SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF BROADWAY PROVIDER GROUP OR ITS AFFILIATED HEALTHCARE PROVIDERS. BLINK 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, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/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, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF BLINK 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.
T. No Third Party Rights.  Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Blink, Broadway Provider Group, and their affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Blink, Broadway Provider Group, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Blink, Broadway Provider Group, and its affiliates.
U. Assignment.  You may not assign, transfer, or delegate the Terms of Use or any part thereof without Blink’s prior written consent. Blink may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
V. 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, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
W. Indemnification.  You agree to defend, indemnify, and hold harmless Blink, Broadway Provider Group, 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 Blink, Broadway Provider Group, or any Provider or customer service agent; and/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.
X. Application Support; Functionality. All questions and requests relating to Site support must be directed to Blink. To submit a support request, please email us at info@blinkhealth.com or call us at (844) 265-6444. The Select Third Parties, as defined below, are not responsible for providing support for the application portions of the Site and may not be contacted for support. Blink 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.
Y. Modified Devices and Operating Systems. Blink will have no liability for errors, unreliable operation, or other issues resulting from use of the Site on or in connection with rooted or jail broken 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.
Z. 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. Blink, 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 IN NOT EXCEED FIVE DOLLARS ($5.00); AND (IV) 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 THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF USE, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS 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.
AA. Revisions; General.  Blink 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. Blink 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 of Use. 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 Blink and you pertaining to the subject matter hereof. In its sole discretion, Blink 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.

SUPPLEMENTAL TERMS APPLICABLE TO PROVIDERS

A. Purpose. These supplemental terms apply to Providers in addition to the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.  
B. Medical Professional Use. To be a healthcare provider using the Site (for purposes of this section, “Provider” or “you”) you must be a licensed physician, nurse practitioner, or healthcare professional contracted or employed by Broadway Provider Group, 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 Blink users (including, but not limited to, your Broadway Provider Group patients) is directly between you and the patient.  The patient will never have a physician-patient relationship with Blink. Blink does not practice medicine and offers no medical services. As set forth more fully below, 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 Broadway Provider Group is solely responsible for all billings and collections from patients and other consumers, and Blink shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.
C. No Professional Advice. Blink 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 Blink agree that Blink is not providing, to you or anyone else, medical advice or legal advice. THE BLINK SITE AND THE SERVICES ARE NOT MEANT TO SUBSTITUTE OR MODIFY YOUR PROFESSIONAL JUDGMENT IN ANY WAY.
D. Telehealth. Provider will use the Site and Telemed Services only in accordance with applicable standards of good medical practice. While software products such as the Site and Telemed 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, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Telemed Services, and the provision of medical services to Provider’s patients. In this regard, Provider releases Blink and waives any and all potential claims against Blink as a result of Provider’s use of the Site and Telemed Services, and the provision of services to Provider’s patients.
E. Indemnification. As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold Blink 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, which is brought against Blink, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Site and Telemed Services.  To the extent applicable, Provider will obtain Blink’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of Blink or defect in the Site or Telemed Services. Blink 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 same, and grant to Provider exclusive control over its defense and settlement
F. Provider Content. 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 e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Blink that you have the legal right and authorization to upload all Provider Content at the Site. Blink shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however Blink desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium, or technology throughout the world. Blink is and shall be under no obligation: (i) to maintain any Provider Content in confidence; (ii) to pay to you any compensation for any Provider Content; or (iii) to respond to any Provider Content.
G. Reservation or Rights. Blink does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant Blink 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. Blink and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.

DISPUTE RESOLUTION

A. Any controversy or claim between the parties or arising out of these Terms of Use or any use of the Website or the Blink Services shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the “AAA”). The arbitrator shall be experienced in agreements for information technology services, either as an attorney or as an information technology professional. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. Any requests for accelerated, emergency or preliminary relief shall be submitted pursuant to the AAA’s Optional Rules for Emergency Measures of Protection. If any such requests are made before an arbitration panel is empaneled, then the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. The arbitration panel shall have the right to grant interim awards. Testimony shall be permitted by telephone, video conference and other forms of real-time telecommunications. If the arbitrator requires in-person hearings, the hearings shall be held in New York, New York. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.
B. WAIVER OF JURY TRIAL AND CLASS ACTIONS.  BY ENTERING INTO THESE TERMS OF USE, YOU AND BLINK ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND BLINK BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD 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 FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND BLINK BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

COPYRIGHT/TRADEMARK INFORMATION. Copyright ©2020 Blink Health, Inc. 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 such third party which may own the Marks.

HOW TO CONTACT US:

Blink Health, Inc.

1407 Broadway, Suite 2100

New York, NY 10018

Telephone: (844) 265-6444

Email: info@blinkhealth.com