Wosler Holdings, Inc., a Delaware Corporation d/b/a Slingshot Health ("Slingshot Health")

Terms of Use Agreement

Using our Service

Thank you for choosing Slingshot Health. This document contains important information that you need to know and consider before making use of our services.

Effective Date: October 31, 2019

The following terms and conditions constitute an agreement between you and Wosler Holding, Inc. d/b/a "Slingshot Health" ("Slingshot," "we," or "us"), the operator of SlingshotHealth.com and various other ancillary domains (the "Site") and related websites, applications, services and mobile applications provided by Slingshot Health and on/in which these Terms of Use are posted or referenced (collectively, the "Services"). These terms of use (the "Terms of Use" or "Terms"), together with our other referenced agreements through the Site (each of which are incorporated herein by reference, and collectively, this "Agreement") govern your use of the Services, whether or not you have created an account. You must agree to and accept all of the terms of this Agreement, or you don't have the right to use the Services.

BY USING OR OTHERWISE ACCESSING THE SERVICES AND/OR BY CREATING AN ACCOUNT WITH US, YOU AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING THE REFERENCED AGREEMENTS AND POLICIES, AND THE RESTRICTIONS NOTED HEREIN. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE SERVICES. ARBITRATION NOTICE AND CLASS ACTION WAIVER: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION LAWSUIT, OR CLASS OR COLLECTIVE ARBITRATION.

Our Services are offered "AS IS" and without warranties. If you create an account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual's or entity's behalf, and have done so.

What we do

Slingshot Health seeks to connect consumers looking for health and wellness services ("Users") with healthcare professionals offering these services ("Providers"). By bringing together the Users and Providers (collectively "Members"), Slingshot Health facilitates the delivery of convenient and appropriately-priced medical services. The User is provided with an average cost to help guide the request. Slingshot Health takes that request and sends it to Providers in the general care area who are able to accept the request and set a time within that window, or make a counter request for a different service price allowing the User to accept or reject that counter.

Prohibition of Misuse

The use of any of Slingshot Health's services or presented/displayed information for other services other than those intended and for use on and within the Site is expressly prohibited. The collection of data, data mining, data compilation, and/or seeking data is not permitted. No data obtained by or through the Site shall be republished or displayed elsewhere without the prior express written permission of Slingshot Health.

Slingshot Health is Not Your Doctor

You acknowledge that the use of Slingshot Health or information found on the Site does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you in finding and determining a price for services with medical professionals including but not limited to Dentists, Doctors, Medical Practitioners, and Healthcare or Wellness Specialists (collectively, "Healthcare Provider"). Information includes and means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or Site, including, without limitation, content provided in direct response to your questions or postings.

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT AND INFORMATION, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION, OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED OR ACCESSIBLE THROUGH THE SERVICES.

WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR HEALTHCARE JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER, UNDER ANY CIRCUMSTANCE. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND 911. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.

Communication

As part of the use of our Services, you agree to receive messages from Slingshot Health and our affiliates which may include various confirmations as well as requests and counter requests. You may also receive various offers that might be of interest to you, and solicitations for additional information to allow for better tailored services to be offered. Such communication may be in the form of text messages and or emails, or such other digital communication medium.

Your Account - Provider

Providers are required to provide accurate and up to date information with regard to their practice. That includes, but is not limited to, the mailing address, email address, and phone number. They must also list any specialties that they intended to offer to Slingshot Health's Users. The Provider agrees that Slingshot Health's fees are reasonable for the services provided and understand such fees are subject to modification. To be a Provider on the platform the Provider must have the proper credentials and State/Federal authorizations and licenses if applicable. Provider understands that Slingshot Health may run checks on those credentials. Slingshot Health reserves the right to store and display the data submitted with regard to themselves and their practice. Slingshot Health is not a medical provider, and Provider shall maintain the User's confidential information and treatment decisions with that practice and not inappropriately send information to the Site. Provider shall provide the User with the services they have accepted and shall not demand any additional funds or compensation from the User. Provider shall treat the User in the same manner as any other patient in their practice.

Your Account - User

Users are required to enter accurate contact information in order to be reached with regard to the communications listed herein. User's acknowledge and agree to Slingshot Health's cancelation policy, and understand that policy is a part of how and why the Provider's are able to offer the treatment and the accepted or countered request. You are responsible for maintaining the confidentiality of your account information and for the misuse of that that account by unauthorized people accessing that account. Users agree that the fees charged by Slingshot Health are reasonable for the services provided, and may be subject to modification. User's data may be stored and used in accordance with the policies set forth herein. As noted elsewhere, Slingshot Health is not your medical provider and no such patient-doctor relationship is being created.

Privacy

Under federal law the Health Insurance Portability and Accountability Act ("HIPAA") requires certain specific data be protected. This data includes some, health or health-related information, as well as demographic data. Slingshot Health collects some of that data as part of providing Services which may be considered "protected health information" or "PHI." HIPAA provides specific protections for the privacy and security of PHI and restricts how it is used and disclosed. Slingshot Health may only use and disclose your PHI in the ways permitted under the law. You permit Slingshot Health to use this PHI, in accordance with the federal rules and regulations, and provide some of that to the potential Providers to help them determine if they will accept your request and aid them in efficient treatment.

Hotjar

We use Hotjar in order to better understand our Members' needs and to optimize this service and experience. Hotjar is a technology service that helps us better understand our Members experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don't like, etc.) and this enables us to build and maintain our service with user feedback. Hotjar uses cookies and other technologies to collect data on our Members' behavior and their devices (in particular device's IP address (captured and stored only in anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), preferred language used to display our website). Hotjar stores this information in a pseudonymized user profile. Neither Hotjar nor we will ever use this information to identify individual users or to match it with further data on an individual user. For further details, please see Hotjar's privacy policy by clicking on this link.

You can opt-out to the creation of a user profile, Hotjar's storing of data about your usage of our site and Hotjar's use of tracking cookies on other websites by following this opt-out link.

Modification/procedure

We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Under no circumstances will Slingshot Health or an affiliate be liable for any discontinuation or suspension of a Services or any portion thereof. Any new services or modified services will be governed under these same terms. Some Services may have additional terms governing your use of those Service, and supplement this Agreement. If you choose to register for, access or use any such Services, you may be presented with such additional terms, and by using those Services, you agree to comply with any such additional terms, which are incorporated by reference into this Agreement.

We may change these Terms and the other documents that are part of the Agreement at any time, as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the Services following such posting shall constitute your affirmative acknowledgement of the Terms of Use or other applicable Agreement document, the modification, and agreement to abide and be bound by the Terms of Use or other applicable Agreement document, as amended. We encourage you to periodically review these Terms of Use and the Agreement. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS OF USE OR THE AGREEMENT, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, THEN YOU MUST STOP USING THE SITE AND THE SERVICES.

General revocation of liability

WHILE WE'RE ALWAYS IMPROVING, AND WE HOPE YOU HAVE AN EXCELLENT EXPERIENCE WITH SLINGSHOT HEALTH, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO CREATE OR MAINTAIN AN ACCOUNT WITH THE SITE OR THE SERVICES, OR (b) $100; EXCEPT THAT, FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE PAYMENT PROCESSING SERVICES, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY THEREOF REGARDLESS OF THE FORM OF ACTION EXCEED THE TOTAL AMOUNT OF PAYMENT PROCESSING FEES, IF ANY, REMITTED TO AND RETAINED BY SLINGSHOT HEALTH FOR PROVIDING PROCESSING SERVICES FOR APPOINTMENTS MADE BY YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND INCLUDE ANY STATE SPECIFIC CODES.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent and other affiliates, from all liabilities, claims, demands and expenses, including attorney's fees, that arise from or are related to your use of the Site and/or Services, and/or the violation of this Agreement (including without limitation the Terms of Use and any referenced policies and agreements), or of any intellectual property or other right of any person or entity, by you or any person using your credentials or account. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

Right to terminate

Slingshot Health reserves the right to suspend, deactivate, and/or terminate your account without notice, at any time. If you are using the Service inappropriately, at our discretion, we will contact and work with you to ensure proper use, however nothing herein may be used to argue against Slingshot Health's absolute right to terminate for any reason or for no reason. Slingshot Health shall not be liable for any such termination or suspension/deactivation or the like. Any attempt to circumvent such measures is expressly forbidden and may result in a permanent ban as well as all other legal appropriate legal remedies. Any such termination, suspension, or deactivation does not affect in any way provisions with respect to liability, confidentiality, and/or any other obligations on your part and/or renunciations on our part set forth herein as a condition of having used the service.

Dispute Resolution

No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.

In the event there is a dispute that needs to be further resolved, that process will take place according to this section. This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and to be performed entirely within New York, without giving effect to the state's conflicts of law statute. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this Agreement to arbitrate. YOU ARE WAIVING THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE OR MEMBER IN ANY CLASS OR COLLECTIVE CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS OR COLLECTIVE ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use or the Agreement.

BAA Agreement

If applicable, you expressly agree to our Business Associate Agreement. You agree that if requested by Slingshot Health, you will sign such agreement.

Severability

In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of this Agreement remain in full force and effect and enforceable.

Assignment

We may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

Headings

The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.

Eligibility

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to create an account with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only under the supervision of your parent or guardian who has agreed to these Terms. Those under the age of 13 may not use the Site or Services. Parents or legal guardians of a child under the age of 18 may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child, and that all references in these Terms to “you” shall refer to such child or such other individual on whose behalf you have authorization to enter into these Terms of Use and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these Terms of Use, do not use the Site or Services. Use of the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use. The Site is administered in the U.S. and intended for U.S. users only; any use outside of the U.S. or use related to activities outside of the U.S. is prohibited and at the user's own risk. Users are responsible for compliance with any local, state or federal laws applicable to their use of the Services or the Site.

General

We created Slingshot Health to improve the healthcare experience of both Providers and Users, and we want your experience with Slingshot Health to be exceptional. While we work hard to make that happen, you acknowledge that we have no control over, and no duty to take any action regarding: (a) which Members gain access to the Site and/or the Services, (b) what content they/you access, (c) what effects that content may have on you, (d) how you may interpret or use the content, and/or (e) what actions Members/they/you may take as a result of having been exposed to the content. You release us from all liability for you having acquired, you having not acquired, or your use of the content. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. We have no special relationship with or fiduciary duty to you. WE PROVIDE THE SERVICES "AS IS" AND "AS AVAILABLE." WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SLINGSHOT HEALTH MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. SLINGSHOT HEALTH DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

Slingshot Health. All rights reserved.