BeMe Terms of Service aka ”The Legal Stuff.”

AGREEMENT, ACKNOWLEDGEMENT, AND ACCEPTANCE OF TERMS

These Terms of Use ("Terms") govern your access to and use of our services, interfaces, and properties, which include but are not limited to websites, mobile applications, software, email, social media, and any other service or product contained or offered therein (collectively the "Service") that are owned or controlled by BeMe Health ("BeMe," "we," "us," and "our").

These Terms affect your legal rights, responsibilities, and obligations; govern your use of the Service; are legally binding; limit BeMe’s liability to you; and require you to indemnify BeMe and to settle certain disputes through arbitration. Your acceptance of, and compliance with, these Terms is a condition to your use of our Service. You understand and accept that we may, in our sole discretion, terminate your access to all or part of the Service at any time, with or without cause, and with or without notice.

We reserve the right to change these Terms at any time and our sole discretion. Any changes to the Terms will be effective immediately upon posting, and you agree to the newly posted Terms by continuing your use of the Service. It is your responsibility to check periodically for any changes we may make to these Terms. In addition, these Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms will control.

By clicking "accept" or otherwise using the Service, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms and our Privacy policy. You agree that information provided by you in connection with the Service is governed by our Privacy Policy. If you don’t agree to these Terms or the Privacy Policy, don’t use the Service.

BeMe Health DOES NOT PROVIDE MEDICAL ADVICE, MEDICAL SERVICES, OR TREATMENT. The content of the Service, 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 BeMe. You should always seek the advice of qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical or mental health conditions and before stopping, starting, or modifying any treatment or modification.

THE SERVICE IS NOT FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" IMMEDIATELY. If you believe you have an emergency, call 9-1-1 immediately. BeMe is not a crisis support service -- if you need immediate support, you can contact our 24/7 Crisis Hotline at 1-866-439-2363. You can also text Crisis Text Line by texting HOME to 741-741. Do not delay seeking medical advice or treatment based on anything that appears or does not appear in the Service.

ACCESS, SECURITY, AND RESTRICTIONS. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation, by accessing data not intended for you or logging onto a server or an account which you are not authorized to access; attempting to probe, scan, or test the vulnerability of our system or network or to breach security or authentication measures without proper authorization; or using any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data from the Service; or otherwise circumvent other measures we may use to prevent or restrict access to the Service. You agree not to use any device, software, or routine to interfere or attempt to interfere with the Service or any activity being conducted on the Service.

Violations of system or network security may result in civil or criminal liability. BeMe 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.

ELECTRONIC COMMUNICATIONS. When you use the Service or send e-mails, messages, and other communications from your computer or mobile device to us, you communicate 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 we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

CONSENT TO RECEIVE CALLS AND TEXT MESSAGES. By providing your mobile number to us, you agree to be contacted by or on behalf of BeMe at the mobile number you have provided, including via phone call or text message, to receive transactional communications relating to the Service. You recognize and acknowledge that text messaging is inherently less secure a method of communication and agree to receive text messages regardless of the level of security associated with them. Submit a request through our help center for assistance with communications using your phone number.

OWNERSHIP OF SERVICE. The Service and all of its content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively referred to as the "Content"), are all proprietary and owned or controlled by BeMe, our licensors, and certain other third parties.

All right, title, and interest in and to the Content available through the Service is the exclusive property of and owned by BeMe, our licensors, or certain other third parties and is protected by United States and international copyright, trademark, trade dress, patent or other intellectual property and unfair competition rights and laws to the fullest extent possible.

All rights not expressly granted to you in these Terms are reserved and retained by BeMe and its licensors, suppliers, publishers, rights holders, and other content providers. Accordingly, you may not modify, copy, distribute, reproduce, publish, retransmit, disseminate, rent, lease, loan, sell, publish, broadcast, display, circulate, or use the Content, in whole or in part, for any purpose that has not been authorized or approved in writing by BeMe, including but not limited to commercial purposes. You are also strictly prohibited from publicly displaying the Content; attempting to decompile or reverse engineer the Content; removing any copyright, trademark, or other proprietary notations from the Content; framing or utilizing framing techniques to enclose or deep-link to the Content; applying metatags or "hidden text" to the Content; or otherwise infringing upon the intellectual property rights of BeMe or misusing the Site or Service.

BeMe owns and uses several trademarks on the Service, including but not limited to: With Teens In Mind.™ and Supportive Media ™.

Nothing contained in the Service should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any intellectual property, including without limitation any trademarks, service marks, or logos displayed on the Site, without the express written consent of BeMe or the third-party owner of such intellectual property. The Service may contain other proprietary notices and copyright information, the terms of which you agree to follow by using the Service. Additionally, you acknowledge and accept that BeMe may, in its sole discretion, delete any information provided by you that it deems to be fraudulent, abusive, defamatory, obscene, or in violation of any intellectual property or ownership rights of any other person or entity.

Some features of the Service may now or in the future allow you to provide content, such as written comments or reviews, to be published or displayed in public areas of the Service ("User Content"). All content submitted by you to the Service may be retained by us indefinitely, even after you terminate your account. By submitting any User Content, you grant to BeMe a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Content in any manner, including to create derivative works, without any compensation or notice to you. Your User Content may be posted and transmitted to others at your own risk. We cannot control the actions of other Users of the Site with whom you may choose to share your User Content.

ACCURACY OF INFORMATION; FUNCTIONALITY. BeMe makes no representations, warranties, or guarantees whatsoever regarding the correctness or accuracy of content in the Service. It is possible that the Service could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made by third parties. In the event that an inaccuracy arises, please inform BeMe so that it can be corrected.

BeMe shall have no responsibility or liability for information or content posted to the Service from any non-BeMe-affiliated third party.

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

SINGLE SIGN-ON. You can sign up for BeMe using your Google ID or Apple ID. These services verify your identity, share your personal information with us, and automatically fill out our sign-up form. These services will verify your identity, allow you to share certain personal information like your name and email address with us, and pre-fill our sign-up form.

LINKS TO OTHER MATERIALS. The Service may provide links to other third-party websites ("Linked Sites"). BeMe has not reviewed information on the Linked Sites, does not maintain any of the Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site. The content of, including materials and information contained on, any Linked Site is solely the responsibility of the provider of that Linked Site.

The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of BeMe. The inclusion of any link to a Linked Site and any references to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with, the third party or its products and services.

If you decide to access any Linked Site, you do this entirely at your own risk. BeMe makes no representation or warranty as to any Linked Site, content, products, or services, and you agree that BeMe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products, or services available on or through any Linked Site or similar resource.

AS PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN THESE THIRD-PARTY SERVICES.

USER INFORMATION. If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, requests, comments, ideas, suggestions, information, files, videos, images, or other materials or personal information to the Service ("User Information"), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity; or (3) contains or transmits a virus, 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 Service, personal information, software, equipment, servers, or facilitate or promote hacking or similar conduct. You represent and warrant to BeMe that you have the legal right and authorization to provide all User Information to the Service.

COPPA STATEMENT The BeMe app service is not intended for children under 13, and we do not knowingly collect personal information from children under 13. If you believe we may have collected personal information from someone under 13 without proper parental consent, please contact us immediately so we can take appropriate action.

We are committed to complying with the Children's Online Privacy Protection Act (COPPA) and its requirements. If you are a parent or guardian and believe your child has provided us with personal information without your consent, please contact BeMe Customer Support to request the removal of such information.

Using the BeMe app, you represent that you are at least 13 years old or a child's parent or legal guardian using the service. If you are a parent or legal guardian providing consent for your child's use of the service, you agree to be bound by these Terms of Use on behalf of your child.

For more information about how we collect, use, and protect personal information, please refer to our Privacy Policy and Terms of Use.

USER RESTRICTIONS. You agree not to:

1. Contact other users of the Service through unsolicited e-mail, telephone calls, mailings, or any other method of communication;
2. Impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity;
3. Tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Service;
4. Use robots or scripts, or attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code;
5. Have any antivirus or antispyware software running that is set to override the internet browser's cookies setting;
6. Incorrectly identify the sender of any message transmitted to the Service by altering the attribution or origin of electronic mail, messages, or posting;
7. Harvest or collect personal health information about any other individual who uses the Service;
8. Otherwise engage in or promote any act or activity contrary to any applicable local, state, or federal law.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BEME FROM AND AGAINST ALL THIRD-PARTY CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, AGAINST OR INCURRED BY US ARISING OUT OF ANY USER INFORMATION YOU UPLOAD TO OR TRANSMIT THROUGH THE SERVICE OR YOUR VIOLATION OF THE USER RESTRICTIONS.

COPYRIGHT POLICY BeMe complies with the copyright notice-and-takedown procedures in the United States Digital Millennium Copyright Act (DMCA), which applies to content reported and removed for violating U.S. copyrights. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may, therefore, want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others, including your contact information, and by submitting any notices, you agree you have no expectation of privacy in your submission.

For more information on submitting a notice or counter-notice, contact us at:

Copyright Designated Agent
Copyright Agent
c/o BeMe Health, Inc
9017 Froude Ave
Surfside, FL 33154
Email: copyright@bemehealth.com

DISCLAIMER AND LIMITATION OF LIABILITY. ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SERVICE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICE OR FROM ANY INFORMATION OR MATERIALS ON THE SERVICE.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICE.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY'S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY'S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY'S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

INDEMNIFICATION. Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless BeMe, its officers, directors, employees, and agents, and any affiliates from and against any and all claims, losses, liability, damages, costs, or expenses, including reasonable attorneys' fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Service or (b) any violations of these Terms by you. If you fail to promptly indemnify and defend a covered claim, BeMe shall have the right to defend itself, and in such case, you shall promptly reimburse BeMe for all of its associated costs and expenses.

GOVERNING LAW. By accessing the Service, you agree that the statutes and laws of the United States and the state of Florida, USA, without regard to conflicts of laws principles, will apply to all matters relating to use of the Service. You further agree that any litigation, action, or proceeding arising out of or related to these Terms shall be subject to the sole and exclusive jurisdiction of the state of Florida and that venue shall be in an appropriate state or federal court located in Miami-Dade County, Florida. You hereby submit to the jurisdiction and venue of said courts and consent to service of process by email in any legal proceeding.

CLASS ACTION WAIVER. YOU AND BEME AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

THIRD PARTY RIGHTS. Unless expressly stated in these Terms, nothing herein is intended to confer any rights or remedies on any persons other than you and BeMe. Moreover, nothing in these Terms is intended to relieve or discharge the obligations or liability of any third persons to you or BeMe, nor shall any provision give any third parties any right of subrogation or action against you or BeMe.

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

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.

NOTICE REGARDING PAYMENT TERMS You agree to pay BeMe all applicable charges at the prices then in effect for the Services provided to you. Prices for Services are subject to change at any time, but changes will not affect any order for Services you have already placed. BeMe reserves the right to correct any billing errors or mistakes, even if payment has already been requested or received. All purchases are final, and all charges are nonrefundable except as otherwise set forth in these Terms or as required by applicable law. All Services offered for sale by BeMe are subject to availability. We reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice.

You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of Services. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.

You authorize BeMe to charge your order to your selected payment method (“Payment Method”) in full at the time the order is placed, including an applicable Taxes. If your Payment Method is invalid at the time payment is due, you agree to pay all amounts due upon demand. BeMe may accumulate charges that you’ve incurred for the Services and submit them as one or more aggregate charges during or at the end of each billing cycle. The third-party services provider who manages your Payment Method may impose terms and conditions on you, which are independent of these Terms, and you agree to comply with all of those terms. You represent and warrant that you are authorized to use your Payment Method.

Your Payment Method may occur through an online payment processing application(s) provided by third-party online payment processing vendors, such as Apple Pay or Google Pay. Additional information about the policies or these third-party online payment processing vendors are available on their websites. BeMe’s relationship with these third-party online payment processing vendors is merely contractual in nature and are in no way subject to BeMe’s direction or control; their relationships are not one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.

You may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address in connection with any purchase you make. By submitting such information, you grant BeMe, without charge, the irrevocable, unencumbered, universal, and perpetual right to provide such information to third parties (such as payment processing companies for the purpose of facilitating the transaction).

We reserve the right to remedy any customer issues and concerns on a case-by-case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each customer.

LEGAL DISPUTES/ARBITRATION/CLASS WAIVER. YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND BEME ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO BEME OR ITS SERVICES, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS OF USE (COLLECTIVELY “DISPUTES”), WILL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. Payment of arbitration costs will be governed by the AAA’s fee schedule. Each party to the arbitration agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.

The arbitration will be conducted in Miami-Dade County, except that, in the event Miami-Dade County is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence unless the parties agree otherwise in writing. The arbitrator’s award will be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.

Notwithstanding anything to the contrary herein, to the extent Disputes arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and BeMe agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in Miami-Dade County, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.

ALL DISPUTES SUBJECT TO ARBITRATION UNDER THESE TERMS OF USE MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THESE TERMS AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION WILL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be mailed to BeMe Health, 9017 Froude Ave, Surfside, FL 33154. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in these Terms, if we make any future material modification to any provisions of these Terms that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of these Terms that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at BeMe Health, 9017 Froude Ave, Surfside, FL 33154, within 30 days of the effective date of such modifications.

MISCELLANEOUS TERMS. These Terms and other documents cited in this agreement constitute the entire agreement between you and BeMe and govern your use of the Service, superseding any prior agreements between you and BeMe relating to your use of the Services. If any provision of these Terms is held invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms. The failure of BeMe to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

CONTACT US. If you have any questions about these Terms, please write to or call us at: privacy@bemehealth.com. BeMe does not guarantee that it will receive such communications timely and accurately and shall not be legally obligated to read, act on, or respond to any such email or other information.

EFFECTIVE DATE: APRIL 30, 2024