Terms or Service for VirtuMed Solutions, LLC dba VirtuMedSolutions
VirtuMed Solutions, LLC dba VirtuMedSoltions, a Kansas limited liability corporation, and you
have signed a legally binding agreement (the “agreement”) governing the use of the VirtuMedSolutions
websites and mobile application (collectively, the “sites”). By signing up for an account, accessing or using the
sites, or using the services, you are entering into this Agreement and agree to be bound by its terms and
conditions. If you are unwilling or unable to be bound, you must immediately cease your use of the sites and we
may update or modify this agreement from time to time. If you have a medical emergency, you must call in-
person emergency care immediately or dial 911. This agreement is subject to change and is subject to legal
arbitration.

The Sites and the Material (as defined below) are provided for the limited purpose of facilitating communication
and online health care services between authorized patients and authorized medical providers (the “Services”).
VirtuMedSolutions, LLC is not a healthcare provider and does not control or interfere with the practice of
medicine or mental health care by the medical groups or any providers, each of whom is solely responsible for
directing the medical care, mental health care, and/or treatment they provide to you. By using the Services, you
are not entering into a doctor-patient or other health care provider-patient relationship with a medical group
and/or one or more providers, but are instead choosing to obtain products and services on a cash basis outside of
any federal or state healthcare program. You are solely responsible for the costs of any service or product
provided to you.

I. Services
a. The Sites and the Material (as defined below) are only made available for the specific purpose
of enabling allowed patients and authorized medical providers to communicate with one
another and receive online health care services (the “Services”). It is not included in the
services offered by VirtuMedSolutions, LLC and VirtuMedSolutions, LLC is not liable for the
content of any communications between authorized patients and authorized healthcare
professionals. The medical groups or any providers are exclusively in charge of determining
the medical care, mental health care, and/or therapy they offer to you; we have no influence
over or interference with their practice. You realize and agree that VirtuMedSolutions, LLC is
not a healthcare provider by accepting this Agreement.

II. License
a. Information, data, text, software, sounds, pictures, and other materials (collectively,
“Material”) could be found on the Sites. VirtuMedSolutions, LLC grants you a personal, non-
exclusive, non-transferable license to access and use the publicly accessible pages on the Sites
and the Material therein solely for your own non-commercial use if, and only if, you agree to,
and are in full compliance with, the terms and conditions of this Agreement. The terms of this
Agreement are violated and any additional uses, copies, distributions, or other forms of
exploitation of the Sites, the Service, the Materials, or any portion thereof, are absolutely
forbidden.

III. Restrictions
a. Without limiting the foregoing, you agree not to: • republish, post, upload, frame, retransmit,
redistribute, modify, remove any intellectual property or similar notices or otherwise
reproduce the Sites, the Service, or any Materials in any format to anyone in any way (aside
from the download to your personal computer that is inherent in viewing a web page); use any
ad blocking mechanism, device, or tool to prevent the placement of advertisements)

b. All actions, statements, and other uses of your account and other information on the Sites and
the Service are under your sole control and responsibility. As between you and
VirtuMedSolutions, LLC, you hereby assume all risk of harm or injury resulting from any
such noncompliance. We cannot and do not guarantee that other users are complying with the
aforementioned rules of conduct or any other provisions of this Agreement, and we make no
representations as to whether they will do so in the future. You must register and create an
account on the Sites in order to access the Services, and only those users who have done so
will be given usernames and passwords to access the Services.

c. VIRTUMEDSOLUTIONS, LLC IS NOT A MEDICAL PROVIDER. We only offer the
service to patients and medical professionals as a communication tool. ALL MEDICAL
ADVICE, DIAGNOSIS, AND TREATMENT PERFORMED THROUGH THE SERVICE
BASED ON THEIR RESPECTIVE MEDICAL JUDGMENT ARE SOLELY THERESPONSIBILITY OF MEDICAL PROVIDERS WHO USE THE SERVICE.

You
acknowledge that any care requested, received, or provided through the service does not
constitute medical advice, a diagnosis, or treatment from or from VIRTUMEDSOLUTIONS,
LLC in any way. VIRTUMEDSOLUTIONS, LLC DOES NOT SELECT, PERFORM,
ANALYZE, OR REVIEW ANY HEALTH CARE OR MEDICAL PROVIDERS.
Furthermore, VIRTUMEDSOLUTIONS, LLC MAKES NO WARRANTY AS TO HOW
LONG A MEDICAL PROVIDER WILL TAKE TO PRESCRIBE ANY SERVICE
THROUGH VIRTUMEDSOLUTIONS, LLC.

d. INDEMNIFICATION By signing this agreement, you agree to hold VirtuMedSolutions, LLC
and our licensors (collectively, the “Indemnified Parties”) harmless from and against any and
all losses, damages, liabilities, and costs (including settlement costs and any other fees and
expenses for looking into or defending any actions or threatened actions) incurred. 

e. VIRTUMEDSOLUTIONS, LLC AND YOU WAIVE THE RIGHT TO BRING ANY
CLAIM AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR
PRIVATE ATTORNEY GENERAL ACTION AND THE RIGHT TO PARTICIPATE IN
ANY SUCH CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR
PRIVATE ATTORNEY GENERAL ACTION RELATING TO ANY SUCH YOU MUST
CONDUCT AN INDIVIDUAL ARBITRATION OF YOUR CLAIM. A claim cannot be
combined with another claim or joined to it. ONLY THE PARTY SEEKING RELIEF MAY
RECEIVE RELIEF, AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF
NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM, MAY BE Awarded by the
arbitrator. THE AMERICAN ARBITRATION ASSOCIATION WILL CONSIDER ANY
CLAIM, AND YOU AND VIRTUMEDSOLUTIONS, LLC AGREE THAT ANY CLAIM
SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION THERE.

f. A lawsuit in court is more official than arbitration. Instead of a judge or jury, arbitration uses a
neutral arbiter, and court review of an arbitration ruling is relatively limited. The same
damages and remedies, though, can be granted to an individual by an arbitrator as they can by
a court. All Claims shall be arbitrated in Johnson County, Kansas in accordance with the
American Arbitration Association’s then-current Commercial Arbitration Rules and
Supplementary Procedures for Consumer-Related Disputes. The parties shall submit their
claims and proof to the arbitrator in writing, unless both parties or the arbiter wants a hearing.
Only the documents will be used by the arbitrator to determine an award.

g. The parties acknowledge and agree that any claims or requests for relief that are severed from
an arbitration may not be litigated and shall be stayed until all claims between the parties that
are still in arbitration have been properly settled. For the purpose of resolving any claims or
requests for relief that are severed from arbitration in accordance with this clause, the parties
acknowledge and agree to submit to the personal jurisdiction of the federal and state courts
located in Johnson County, Kansas. Within 30 days of the date you initially accept any version
of this Agreement requiring arbitration of Claims with VirtuMedSolutions, LLC and its
Affiliates, you may opt out of the clauses requiring such arbitration. 

IV. Without regard to any principles of conflict of law, this Agreement shall be governed by and
construed in accordance with the laws of the State of Kansas and the laws of the United States. If
any part of this agreement is found to be void, illegal, or for any other reason unenforceable, the
offending part shall be deemed severable and shall not impact the legality or enforceability of any
other parts of this agreement. No waiver by us of any term of this Agreement shall be considered a
further or continuing waiver of such provision or of any other provision, and nothing in this
Agreement that we fail to assert shall be construed as a waiver of any such right or provision.