TERMS OF USE

CONDITIONS OF USE

As a condition of your use of the Website, you represent and warrant: you are at least the age of legal majority where you live (which is currently eighteen (18) years old in most states), an emancipated minor under state law, or you have the permission of your parent or guardian who must agree to this Agreement on your behalf.

If you have agreed to allow your unemancipated minor child or a minor child for whom you are legal guardian to access the Website, you agree that you shall be solely responsible for: (a) the conduct of such minor; (b) monitoring such minor's access to and use of the Website; and (c) the consequences of any use of the Website by such minor.

By downloading, accessing, or using the Website, you are indicating your: (i) acceptance of, and agreement to be legally bound by, all of the terms and conditions of this Agreement; and (ii) consent to the installation of any software including, but not limited to, scripts, browser plugins, applets, and mobile applications as part of the Website on your computer or mobile device.

WEBSITE DOES NOT PROVIDE MEDICAL ADVICE

The Website is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read through the Website.

If you think you may have a medical emergency, call your doctor or 911 immediately.

MODIFICATION OF AGREEMENT

SOMOS reserves the right, in its sole and absolute discretion, to modify all or any portion of this Agreement at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we modify the Agreement, we will post the changes to the Agreement and will indicate the date this Agreement was last revised. Your continued use of the Website after any such changes constitutes your acceptance of, and agreement to be legally bound by, this Agreement, as revised. It is your sole responsibility to regularly check the Agreement to determine if there have been any changes to the Agreement and to review such changes.

PROVIDER OF WEBSITE

You acknowledge that some or all parts of the Website may be provided by one or more service providers (individually and/or collectively "Service Provider"), where any Service Provider is a third party to this Agreement. This Agreement is between you and SOMOS, not Service Provider.

To use the Website, you may also be required to agree to be bound by terms and conditions specified by the Service Provider. You represent and warrant to SOMOS that, as a condition of using the Website, you will abide by any required terms and conditions specified by the Service Provider.

In addition to other disclaimers and exclusions contained in this Agreement, SOMOS expressly disclaims to the maximum extent permitted by law: (i) any and all liability related to the Website involving "Content," as defined in the "Website and Content" section below, which belongs to Service Provider; (ii) any and all liability related to maintenance or support with respect to the Website provided by Service Provider; and (iii) any and all liability related to claims with respect to product liability, intellectual property rights, consumer protection, privacy, or failure to conform to any applicable legal or regulatory requirement involving Service Provider's conduct or Content.

WEBSITE AND CONTENT

You acknowledge that content may be made available to you through the Website, including, but not limited to, information, comments, data, software (whether applications, scripts, plug-ins, or applets), photographs, graphics, text, sound, images, and other material ("Content"). All Content is owned by SOMOS, Service Provider, or another third party. Content is protected by copyright laws, trademark laws, other intellectual property laws and treaties, in Canada, the United States, and worldwide, and all rights therein are reserved by their respective owners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly allowed by this Agreement or applicable law (including, without limitation, U.S. copyright, trademark, and patent law). Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable, revocable, limited right to access, use, and display the Website and the materials thereon.

Your use of the Website does not grant or transfer to you any ownership or other rights in the Website or Content, and except as expressly provided, nothing herein or within the Website shall be construed as conferring on you or any other person any license under any of SOMOS's, Service Provider's, or any third party's intellectual property rights. Any rights not expressly granted to you in this Agreement are expressly reserved by SOMOS. For greater certainty, you agree that you will not take any action that is inconsistent with SOMOS's ownership of any or all of the Website and Content, or with Service Provider's, or any third party's ownership of any or all of the Content. You are hereby expressly prohibited from removing any proprietary notice of SOMOS, Service Provider, or any third party from any copy of the Website or Content.

WEBSITE DISCLAIMERS

SOMOS provides you with access to the Website on an "as is" and "as available" basis only, and, to the maximum extent permitted by law, excludes all representations, warranties, conditions, and other terms. SOMOS does not warrant that the Website or any Content will be uninterrupted or error-free, that defects will be corrected, or that the Website or the servers hosting the Website will be free of viruses or other harmful components. This Agreement applies only to the Website, any other services facilitated by the Website are not subject to this Agreement. SOMOS makes no representation or warranties as to the quality, lawfulness, or merchantability of such other services, which may be subject to other agreements.

RESTRICTIONS

You agree as a condition of using the Website, that you will not yourself, or cause any others to, do any of the following:

• use, copy, modify, download, or transfer the Website or any component of the Website (including, without limitation, the Content), in whole or in part, except as expressly provided in this Agreement;
• reverse engineer, disassemble, decompile, or translate the Website;
• attempt to derive the source code of the Website;
• create any derivative work from the Website;
• authorize or assist any third party to do any of the foregoing.
• remove or alter any proprietary notice or legend regarding SOMOS's, or any third party's, proprietary rights in the Website;
• use the Website except in accordance with applicable laws and regulations; and/or
• use the Website:
• to defraud any third party;
• to distribute obscene or other unlawful materials or information;
• create any derivative work from the Website; and/or
• to disseminate or encourage conduct that could constitute a criminal offence or give rise to civil liability.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND CONTENT (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS, CONDITIONS, OR WARRANTIES WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE ACCESS AND USE OF THE WEBSITE AND CONTENT RESIDES WITH YOU. SOMOS EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND DATA ACCURACY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SOMOS MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE WEBSITE WILL BE COMPATIBLE WITH YOUR DEVICE AND SOFTWARE; (II) THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS, OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE WEBSITE WILL BE SECURE; (V) THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE WEBSITE WILL NOT CAUSE ANY DAMAGE TO YOUR DEVICE, SOFTWARE, OR ELECTRONIC FILES.

ANY AND ALL INFORMATION CONTAINED ON OR WITHIN THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD.

THE WEBSITE IS OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE WEBSITE AND THE INFORMATION OFFERED THROUGH THEM ARE NOT OFFERED TO ANYONE IN ANY JURISDICTION IN WHICH SUCH AN OFFER CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE SUCH AN OFFER.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOMOS OR ITS SUPPLIERS, VENDORS OR THIRD PARTY SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS), WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE, OR PERFORMANCE OF THE WEBSITE AND RELATED DATA, INCLUDING, WITHOUT LIMITATION, ANY DELAY OR INABILITY TO USE THE WEBSITE OR RELATED DATA, PRODUCTS, MATERIALS, OR OTHER RESOURCES PROVIDED THROUGH THE WEBSITE; THE USE OF YOUR ACCOUNT OR ACCOUNT CREDENTIALS; OR ANY DISCLOSURE OF YOUR INFORMATION MADE AT YOUR DIRECTION AND WITH YOUR APPROVAL, OR ANY UNAUTHORIZED ACCESS TO, USE, OR DISCLOSURE OF INFORMATION THAT TAKES PLACE IN CONNECTION WITH YOUR ACCOUNT CREDENTIALS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, AND THE WEBSITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS CLAUSE GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

INDEMNIFICATION

At our request, you agree to defend, indemnify, and hold harmless SOMOS, its affiliated companies, and their employees, contractors, officers, and directors, and Service Providers from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses that arise from your use or misuse of the Website, violation of this Agreement, or violation of any rights of a third party. SOMOS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the you, in which event you will cooperate in asserting any available defenses.

TEXT MESSAGING TERMS AND CONDITIONS

You may have the choice to opt-in to receive text messages from SOMOS and its affiliates, contractors, agents. By consenting to receive text message communications from us, you accept and agree to these Text Messaging Terms and Conditions. In providing your mobile number and enrolling in text messages, you:

Confirm that you want to be enrolled in text message communications and that you understand that there is a risk that your text messages could be read by unauthorized persons. These electronic communications occur through your mobile carrier, and there is a risk that such messages could be intercepted or viewed by third parties, including others who access your device. Password-protecting mobile device(s) and enabling encryption on your devices, if available, is recommended.

Agree that SOMOS and its affiliates, contractors, agents may send you recurring text messages at the mobile number you provided to SOMOS and its affiliates, contractors, agents when inquiring about or receiving our services. You do not need to consent to receive these text messages as a condition of receiving services from us. Message and data rates may apply. You consent and agree that you may opt out of receiving text messages at any time by replying STOP to any message. You understand and agree that STOP is the only word our system recognizes as a valid opt-out request. Other terms, misspellings, or variations will not be treated as a request to stop receiving messages, and you will continue to receive texts unless you reply STOP. Text "HELP" for help.

Represent that you are 18 years or older, are legally able to enter into agreements on your own behalf and agree to these terms. If you are under the age of 18 years old, your parent or guardian must agree to these terms on your behalf, and by agreeing to receive text messages from us you also represent that you have the permission of your parent or guardian. If you will be receiving or sending texts on behalf of another individual (such as a child, parent or partner), you are also representing that you have the legal right or authority, or have obtained all necessary consents and authorizations, to communicate on behalf of such other person with their receipt of our services on their behalf.

Text message frequency may vary based on the services. Participating carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For any questions about our text program, you can reach us via the contact information provided below.

PRIVACY POLICY

Please read the SOMOS Privacy Policy ("Privacy Policy") carefully to understand how SOMOS collects, uses, and discloses information, including personally identifiable information. We may revise and update the Privacy Policy from time to time in our sole discretion. All changes are effective immediately when we post them and apply to our collection, use, and disclosure of information thereafter. You acknowledge and agree that it is your responsibility to review the Privacy Policy when accessing or using the Website so that you are aware of any changes.

CLASS ACTION WAIVER; JURY TRIAL WAIVER

You and SOMOS each agree that any proceeding, whether in arbitration or in court, shall be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement. To the fullest extent permitted by applicable law, you and SOMOS waive the right to a jury trial.

GOVERNING LAW; VENUE

The law applicable to the interpretation and construction of this Agreement and any transaction using or related to the Website, shall be the laws of the State of New York, without regard to principles of conflict of laws. You agree that all matters relating to your access to or use of the Website, including all disputes and claims, will be governed by the laws of the State of New York.

Unless you and SOMOS agree otherwise, to the fullest extent permitted by law, the state and federal courts in City of New York and New York County, New York, will have exclusive jurisdiction over any disputes and claims. You and SOMOS consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court.

WAIVER

SOMOS's failure to insist upon strict enforcement of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any such provision or right. Any waiver by SOMOS of any right or provision herein shall only be by a writing signed by an authorized officer of SOMOS.

TERMINATION

If you breach any provision of this Agreement, you may no longer use the Website. We may, in our sole discretion, change, suspend, or terminate, temporarily or permanently, the Website or any part thereof or any features at any time, for any reason, without any notice or liability to you or any other entity. If your permission to use the Website is terminated by us for any reason, this Agreement will nevertheless continue to apply and be binding upon you with respect to your prior use of the Website and anything relating to or arising from such use. If you are dissatisfied with the Website, your sole and exclusive remedy is to discontinue using the Website.

EXPORT CONTROLS

You acknowledge that the Website, Content, information, and the underlying technology may be subject to applicable export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Website, Content, information, and the underlying technology, as well as end-user, end use, and destination restrictions issued by the United States, and other governments. By downloading or using the Website, you agree to the foregoing, and you represent, warrant, and covenant that you are not located in, under the control of, or a national or a resident of any country identified in any applicable legislation, regulation, deny order or prohibition list issued by any governmental or regulatory body, and that you will otherwise comply with all applicable export control laws.

SEVERABILITY AND ENTIRE AGREEMENT

If any provision of this Agreement is found by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.

This Agreement constitutes the whole agreement between us and supersedes all previous discussions, correspondence, negotiations, previous arrangement, understanding, or agreement between us relating to your use of the Website.