Website Privacy policy and term of use

WEBSITE PRIVACY POLICY

Your privacy matters to Bastion Health, Inc. (“Bastion Health”), and so we follow a privacy framework that helps us to manage and protect your information in our products, services and websites. This Privacy Policy Notice (“Notice”) describes how Bastion Health collects, uses, and shares the information you provide. This Notice describes your rights and choices, and how you can contact us about our privacy practices.

Bastion Health’s Sites and Services may contain links to third-party websites, products, and services. This Notice does not apply to third party websites and mobile applications, products, or services that may link to or are linked from our Sites and Services or services we offer as a Business Associate on behalf of health care organizations. Please consult those websites and applications directly to understand their privacy practices.

INFORMATION WE COLLECT

1. Information We Collect About You.

a. Our company collects, processes, and retains information from you when you interact with our Sites and Services. We may collect the following information from you:

i. Log-in credentials (such as user ID and password) and security questions and answers;

ii. Your name, email address, contact information, including your mailing address, phone number, title, and information about the organization with which you are affiliated;

iii. Any information you choose to include in your messages or responses when interacting with us through our Sites and Services, including via online forums, inquiry forms, our support portal, or our Chatbox messaging service and other messaging services, including any information you provide when you complete a survey administered by us or a supplier acting on our behalf;

iv. Payment information and associated contact information when you engage in transactions; or

v. Information about your device and your device’s operating system and browser information, transaction information related to the Bastion Health mobile application such as product download ID, account contact information, device ID, download frequency/time, information about the way you use the Application including administrative user account contact information, device event information such as errors, system activity, hardware settings, the date and time of your request.

2. Information We Collect Automatically.

a. Types of Tracking Technologies. We may automatically collect certain information through browser cookies and other tracking technologies when you access, use, or interact with our Sites and Services, including:

i. Browser and device data, such as your device type, operating system and version, IP address, general geographic location as indicated by your IP address, browser type, screen resolution, device manufacturer and model, language, plug-ins, add-ons, and the language version of the Site you are visiting;

ii. Usage data, including information about the time you spend on our Sites and Services, the content you view or download and features you access, the pages that led or referred you to our Sites and Services, language preferences, how you interact with available content, and entered search terms;

iii. Interactions with ads and newsletters, such as information about how you interact with our ads and newsletters, including whether you open or click links in any correspondence; or

iv. Information that you make available to us on social media platforms (such as by clicking on a social media icon linked from our Sites and Services), including your account ID or username and other information included in your posts.

b. Interest-Based Tracking. When you visit or use our Sites and Services, we and our partners may collect information about your online activities over time and across different sites to provide you with advertising about products and services tailored to your individual interests (called “interest-based advertising”). Our partners may place or recognize a unique cookie or other tracking technology on your browser (including the use of pixel tags). Where required by applicable law, we will rely on your consent prior to processing personal information from your device or computer for the purpose of interest-based advertising.

c. Use of Cookies. Cookies are small text files that are stored in a devices’ web browser memory. Cookies store information when you use, access or interact with our Sites and Services, such as your IP address or other identifier, your browser type, and information about the content you view and your interactions. Other tracking technologies, such as pixel tags (also known as web beacons and clear GIFs), page tags, and script, may contain small transparent image files or lines of code to, among other things, track the actions of users (such as email recipients), measure the success of our marketing campaigns and compile statistics about usage of our Sites and Services. We may use cookies and other tracking technologies for any of the following purposes:

i. Site operations, including to enable features on our Sites and Services, such as remembering your preferences, tracking the number of times you have been shown an advertisement, generating aggregate statistics about how people use our Sites and Services, and for error management and troubleshooting;

ii. Analytics, including to allow us to understand how our Sites and Services are being used, track the performance of our Sites and Services and make improvements;

iii. Interest-based advertising, including to deliver tailored communications or advertising based on your preferences or interests across services and devices and measure the effectiveness of advertisements;

iv. Social media, including to enable the sharing of content from our Sites through social networking and other sites.

As a general rule, we do not collect personal information via cookies unless you have given us your permission to do so. Most web browsers automatically accept cookies but, if you prefer, you can usually modify your browser setting to disable or reject cookies. If you delete your cookies or if you set your browser to decline cookies, some features of our Sites and Services may not be available, work, or work as designed. You may also be able to opt out of or block tracking by interacting directly with the other companies who conduct tracking through our Services. You can learn about your options to opt out of mobile app tracking by certain advertising networks through your device settings and by resetting the advertiser ID on your Apple or Android device.

Please note that opting out of advertising network services does not mean that you will not receive advertising on our Sites or on other websites, nor will it prevent the receipt of interest-based advertising from other companies that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms. If you delete your cookies, you may also delete your opt-out preferences.

3. Information We Collect from Other Sources. We may obtain information about you from other sources such as data brokers, credit reporting agencies, social networks, partners with which we offer co-branded services or engage in joint marketing activities, and publicly available sources such as data in the public domain. We also may receive information about you from outside suppliers through your online activities on websites and connected devices over time and across websites, devices, apps and other online features and services. These other sources help us update, expand, and analyze our records; identify new customers; determine you or your organization’s advertising or purchasing preferences; or prevent or detect fraud. We combine such information with information we have collected about you through our Sites and Services. We will treat the combined information in accordance with this Privacy Notice.

4. How We Use Your Information.

a. Generally. We use the information we collect about you for the following purposes:

i. To provide you with our Sites and Services, including to facilitate client interactions, enter into contracts, process payments, fulfill orders, send service communications, send email marketing communications, and conduct general business operations such as accounting, recordkeeping, and audits;

ii. To provide you with the best service and to improve and grow our business, including to understand how our Sites and Services are being used, conduct data analyses of user experiences and behavior, understand our customer base and purchasing trends, understand the effectiveness of our marketing, and develop new products and services;

iii. To deliver targeted advertising on our Sites based on your preferences or interests across services and devices and measure the effectiveness of ads;

iv. To protect and secure our Sites and Services, assets, network, and business operations, and to detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal; and

v. To comply with legal process, such as warrants, subpoenas, court orders, and lawful regulatory or law enforcement requests and to comply with legal requirements regarding the provision of products and services.

b. Marketing Emails. From time to time, we may send you promotional or marketing materials. If at any time you would like to unsubscribe from receiving promotional or commercial emails from us, you can click the unsubscribe link at the bottom of any email or email us at: [email address here]. We will meet your request as soon as reasonably practicable. Please note that if you opt out of receiving marketing-related emails from us, we may still send you important administrative messages.

5. How and With Whom We Disclose Your Information.

a. With our suppliers. We may share your information with suppliers that provide services on our behalf, such as marketing and survey services, payment processors, website and customer experience hosting, data analysis, data storage, customer service, auditing and accounting firms and security suppliers. We contract with suppliers to use or disclose information to perform services on our behalf or to comply with legal requirements. We require our suppliers to contractually commit to protect the security and confidentiality of data they process on our behalf.

b. With our advertising partners. We may share your information with our advertising partners.

c. With social media platforms. Where you choose to interact with us through social media, your interaction with these programs typically allows the social media company to collect some information about you through cookies they place on your device and other tracking mechanisms. In some cases, the social media company may recognize you through its digital cookies even when you do not interact with their application. Please visit the social media companies’ respective privacy policies to better understand their data collection practices and controls they make available to you.

d. Where required or permitted by law or in the context of an audit or other review. We may share information with law enforcement agencies, courts, or other government authorities where we believe it is necessary to comply with a legal or regulatory obligation; to protect the rights, safety, and property of our company, you or others; or to respond to requests from courts, law enforcement agencies, regulatory agencies and other public and government authorities.

e. In the context of a change of ownership or corporate organization. We may transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. We cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Policy.

CHILDREN’S INFORMATION

Our Sites and Services are intended for users age thirteen and over. We do not knowingly collect information from children. If we discover that we have inadvertently collected information from anyone younger than the age of 16, we will delete that information.

PERSONAL INFORMATION SECURITY AND STORAGE

6. Safeguards Provided. We implement and maintain organizational, technical, and administrative security measures designed to safeguard the information we process within our organization against unauthorized access, destruction, loss, alteration, or misuse. These measures are aimed at providing on-going integrity and confidentiality for your personal information. We evaluate and update these measures on an ongoing basis. Your information is only accessible to personnel who need access to the information to perform their duties. However, while we take precautions to safeguard your information, we cannot guarantee the security of the networks, systems, servers, devices, and databases we operate or that are operated on our behalf.

7. Information Retention. We retain your personal information for as long as we have a relationship with you, subject to applicable law and regulation. When deciding how long to keep your personal information, we consider our legal and regulatory obligations and internal personal information management policies. For example, we retain records to investigate or defend against potential legal claims or where required by law. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law. .

FOR CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS

8. Information Requests Available to You. Residents of the State of California have the right to request information from us regarding other companies to whom we have disclosed certain categories of information during the preceding year for the other companies’ direct marketing purposes. If you are a California resident and would like to make such a request, please submit your request to support@getbastion.com [ABD1] .

9. Right to Receive Disclosures. The California Consumer Privacy Act provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of “Personal Information,” as well as rights to know/access, delete, and limit sharing of Personal Information. The CCPA defines “Personal Information” to mean “information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Certain information we collect may be exempt from the CCPA because it is considered public information (i.e., it is made available by a government entity) or covered by a specific federal privacy law, such as the Gramm–Leach–Bliley Act, the Health Insurance Portability and Accountability Act (HIPAA), or the Fair Credit Reporting Act. To the extent that we collect Personal Information that is subject to the CCPA, that information, our practices, and your rights are described below.

FOR CALIFORNIA RESIDENTS: RIGHT TO INFORMATION REGARDING THE CATEGORIES OF PERSONAL INFORMATION COLLECTED, SOLD, AND DISCLOSED

10. Data Collection Practices. The following is a description of our data collection practices, including the Personal Information we may collect, the sources of that information, the purposes for which we collect information, and whether we disclose that information to external parties. We may use any and all of the information for any of the purposes described in this privacy notice, unless limitations are listed.

a. Personal Identifiers.

i. We may collect your name, phone number, email address, mailing address, and contact address when you create an account or contact us via the site. If you choose to create an account, you may also be asked to create a username, and we may assign one or more unique identifiers to your profile. We use this information to provide our services, respond to your requests, and send information and advertisements to you;

ii. We may collect a unique numerical identifier, assigned to you by a cookie, automatically when you use the Sites and Services in order to identify you, provide our Services, keep you logged in to our Sites, prevent fraud, and provide you with targeted information and offers;

iii. We, or a service provider working on our behalf, may collect your payment information when you provide it in order to complete a transaction. This information includes your credit card number or bank account number. We use this information to facilitate payments and transactions;

iv. We do not collect your Driver’s License number, passport number, or social security number;

v. We may collect your IP address and Device ID automatically when you use our Sites and Services. We use this information to identify you, gauge online activity on our website, measure the effectiveness of online services, applications, and tools, and provide you with targeted advertisements and offers based on your online activities.

b. Protected Classifications. We do not collect your age, gender, racial or ethnic origin, or sexual orientation.

c. Commercial Information. When you engage in transactions with us, we may create records of transactions. We use this information to measure the effectiveness of our services and to provide you with targeted information, advertisements, and offers.

d. Biometric Information. We do not collect information about your physiological, biological, or behavioral characteristics.

e. Internet or Other Electronic Network Activity Information. When you navigate to and use our site, we may collect information such as your Internet domain, the domain of your Internet service provider, the date and time that you access the site, the Internet address of the website from which you linked directly to the site, and the pages you visit on our sites.

f. Geolocation Data. As described above, we may collect your IP address automatically when you visit our sites. We can determine your general location based on your IP address.

g. Audio, electronic, visual, thermal, olfactory, or similar information. We do not collect your audio, electronic, visual, thermal, olfactory, or similar information.

h. Professional or employment-related information. We may collect your business contact information when you contact us regarding our products and services or when you interact with us at trade shows. We otherwise do not collect your professional or employment-related information.

i. Education information. We do not collect any information about the institutions you have attended or the level of education you have attained.

j. Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences or characteristics. We may analyze your actual or likely preferences through a series of computer processes and add our observations to your internal profile. We use this information to gauge and develop our marketing activities, to measure the appeal and effectiveness of our services, applications, and tools, and to provide you with targeted information, advertisements, and offers.

11. Purposes for Data Use. We may use any of the categories of information listed above for other business or operational purposes compatible with the context in which the Personal Information was collected. We may share any of the above-listed information with service providers, which are external parties that we engage for business purposes and are restricted from using personal information for any purpose that is not related to our engagement. The categories of service providers with whom we share information and the services they provide are described in this Global Privacy Notice.

12. Information Sold to Third Parties. On certain occasions, we may sell information to third parties. An external party may be considered a third party either because the purpose of sharing the Personal Information is not an enumerated business purpose under California law, or because our contract does not restrict them from using Personal Information for other purposes. To “sell” information means to disclose it to an external party for monetary or other benefit. We sell the following information:

a. Personal Identifiers. We may provide your IP address and device ID to our suppliers and online advertising partners.

b. Internet or Other Electronic Network Activity Information. We may provide information about your Internet or other electronic network activity information to our suppliers and online advertising partners.

c. Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences or characteristics. We may provide our observations about you to our suppliers and online advertising partners.

d. Other disclosures. We also may disclose information to external parties who are not listed here when required by law or to protect our company or for other purposes, as described in this Notice.

13. Access to Deidentified Information. We may license access to deidentified health information that is derived from Protected Health Information, as defined by the Health Insurance Portability and Accountability Act. All such information is deidentified according to the safe-harbor or expert determination requirements of HIPAA.

14. Right to Access Information. You have the right to request access to Personal Information collected about you and information regarding the source of that information, the purposes for which we collect it, and the third parties and service providers with whom we share it. To protect our customers’ Personal Information, we will verify your identity before we act on your request.

15. Right to Request Deletion of Information. You have the right to request in certain circumstances that we delete any Personal Information that we have collected directly from you. To protect our customers’ Personal Information, we will verify your identity before we act on your request. We may have a reason under the law why we do not have to comply with your request or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

16. Right to Information Regarding Participation in Data Sharing for Financial Incentives. We may offer online resources whereby we incentivize you to share certain pieces of information with us. In the event we offer such resources, participation is voluntary and you may opt out of the data sharing at any time.

17. Right to Opt Out of the Sale of Personal Information to Third Parties. You have the right to opt out of any sale of your Personal Information to third parties. To exercise this right, please contact us at support@getbastion.com. Please note that your right to opt out does not apply to our sharing of Personal Information with service providers, who are parties we engage to perform a function on our behalf and are contractually obligated to use the Personal Information only for that function[ABD2] .

18. How to Submit a Request. You may submit a request to exercise your rights through either of two means: (1) by mailing a written request to 850 NEW BURTON RD, STE. 201 DOVER, DE 19904 or (2) by emailing us at support@getbastion.com.

MISCELLANEOUS

19. Changes to This Privacy Notice. We will periodically update this Global Privacy Notice, and we will post notice of any material changes to the Global Privacy Notice on this website in advance of making those changes. The “Effective Date” at the top of this page indicates when this Global Privacy Notice was last revised.

20. Third-Party Advertising. From time to time, you may see advertising, logos, or Web site links on our Sites or Services. We do not claim to endorse or evaluate such advertising, logos, or Web site links or the products or services so advertised. We do not make any representation to you as to the accuracy or suitability of any of the information these advertisements contain, and do not accept any responsibility or liability for the conduct or content of those advertisements and sites, as well as the offerings made by the third parties. We also do not take any responsibility for the content of the advertisements, promises made, or the quality or reliability of the products or services offered in the advertisements.

21. How to Contact Us. If you have questions, requests, or complaints related to your privacy, please contact support@getbastion.com.

TERMS AND CONDITIONS OF USE

These Terms and Conditions (“Terms and Conditions”) set forth the legally binding agreement by which you may access and use the various services offered through the Bastion Health website (“Website”). Use of any part of the Website constitutes your acceptance of these Terms and Conditions and the Web Privacy Policy. For reference, "you” and "your" refer to the individual or entity that wishes to use this Website.

PLEASE READ THIS AGREEMENT CAREFULLY IN ITS ENTIRETY BEFORE USING THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT BASTION HEALTH’S LIABILITY TO YOU. BY USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, THE PROVISIONS, DISCLOSURES, AND DISCLAIMERS SET FORTH IN THIS AGREEMENT ARE FAIR AND REASONABLE, AND YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS, OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY. Your use of this Website is granted by Bastion Health, Inc. ("Bastion Health"). Bastion Health reserves all ownership and intellectual property rights in and to the Website.

I. MEDICAL ADVICE DISCLAIMER

The content of this Website, 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. You should always seek the advice of qualified health care professionals with any questions or concerns you may have regarding your individual information, needs, and any medical conditions. Reliance on any information appearing on this Website, whether provided by your health care providers, website content providers, Bastion Health employees or medical staff, visitors to the Website, or others, is solely at your own risk. Never disregard medical advice or delay seeking it because of something you have read on this website. If you are experiencing a medical emergency, you should not rely on the information on this website and should seek appropriate emergency medical assistance, such as dialing “911.”

II. LICENSE TO USE THIS WEBSITE AND CONTENT OWNERSHIP

1. General. Bastion Health grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use this Website for the sole purposes of obtaining information about and access to Bastion Health products and services. All rights, title, and interest in and to the Website, including its content, and all intellectual property rights, including all copyright, trademark, patent, and trade secret rights therein shall remain with Bastion Health, an no ownership interest is transferred to you or any other entity by virtue of making the content available on the website, granting the foregoing license, or entering into this Agreement.

2. Feedback or Other Communications. In the event you choose to provide Bastion Health with any feedback, suggestions, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential (except for personal information as described in our Privacy Policies) and nonproprietary. You hereby grant Bastion Health a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein.

3. Upgrades and Other Modifications. The terms of the Agreement will govern any software upgrades, updates, and enhancements provided by Bastion Health that replace and/or supplement the original Website, unless such upgrades, updates, and enhancements are accompanied by a separate license in which case the terms of that license will govern. Nothing in this paragraph creates an obligation for Bastion Health to prepare or provide any upgrades to the Product.

4. Limitations on Use of This Website. You further agree not to use the Website to do the following:

a. Transmit, access, or communicate any data that you do not have the right to transmit or communicate under applicable law, including the Health Insurance Portability and Accountability Act of 1996 as modified by the Health Information Technology for Economic and Clinical Health act and all related rules, regulations, and related laws and acts (collectively, “HIPAA”), under similar more stringent state laws, or under a contractual or fiduciary relationship;

b. Misrepresent your identity or provide Bastion Health with any false information in any information-collection portion of this Website;

c. Access or attempt to access any portion of this Website to which you have not been explicitly granted access;

d. Infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;

e. Transmit or communicate any data that contains software viruses or any other computer code, files, or programs designed, intended, or likely to interrupt, destroy, or limit the software functionality of any computer software or hardware or any telecommunications equipment;

f. Interfere with or disrupt or circumvent the Website;

g. Intentionally or unintentionally violate any applicable local, state, national, or international law, including laws related to securities exchange and any regulations, requirements, procedures, or policies in force from time to time relating to the Website;

h. Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

i. Directly or indirectly authorize anyone else to take actions prohibited in this Agreement; or

j. Use the Website while driving.

5. Trademark. Trademarks, service marks, graphics, and logos used in connection with the Website are the trademarks of Bastion Health. You are not granted any right or license with respect to any of the trademarks mentioned in this Agreement and any use of such trademarks.

6. Copyright Infringement. Bastion Health requires all Website users to comply with copyright law. As a condition to use the Website, you agree that you must not use the Website to infringe upon the intellectual property or other rights of Bastion Health or of others in any way. The unauthorized reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright. You are entirely responsible for your conduct and for ensuring that it complies with all applicable copyright and data-protection laws. In the event you fail to comply with laws regarding copyrights or other intellectual property rights, data protection and privacy, you may be exposed to civil and criminal liability, including possible fines and jail time.

III. POSTING MESSAGES, COMMENTS, OR CONTENT

1. Limitations on Content Posting. Certain portions of this Website may be configured to permit users to post messages, comments, or other content. Any such content is only the opinion of the poster, is no substitute for your own research, and should not be relied upon for any purpose. You agree not to post any content:

a. which is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; or

b. the transmission of which could violate, or facilitate the violation of, any applicable law, regulation, or intellectual property rights.

2. Responsibility for Messages, Comments, or Content. You are solely responsible for the content of any postings you submit and Bastion Health assumes no responsibility or liability for any content submitted by you or any other website visitor. Bastion Health may, but is not obligated to, restrict or remove any and all content from a message that Bastion Health determines in their sole discretion violates these Terms or is otherwise harmful to Bastion Health, Bastion Health’s customers, or any third party. Bastion Health reserves the right to remove the content you provide at any time, but you understand that Bastion Health may preserve and access a backup copy, and Bastion Health may disclose the content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is required by law or in the best interests of Bastion Health.

3. Non-Commercial Purposes. Any content you submit is for non-commercial use only. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit. Never assume that you are anonymous and cannot be identified by your posts.

4. Use and Reproduction of Content. If you do post content or submit material, and unless we indicate otherwise, you grant Bastion Health a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Bastion Health and any of its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify Bastion Health or its affiliates for all claims resulting from content you supply.

IV. CONSENT TO USE OF DATA

You agree that Bastion Health may collect, store, process, maintain, upload, sync, transmit, share, disclose and use certain data and information, including but not limited to information or data regarding the characteristics or usage of the Website as well as personal information, user location data and user content (collectively "User Data") to facilitate the provision, authentication, performance optimization or improvement, updates, support, and other services for Bastion Health products or services, including the Website. BY USING THIS WEBSITE, YOU EXPRESSLY CONSENT TO THE FOREGOING COLLECTION, STORAGE, PROCESSING, MAINTENANCE, UPLOADING, SYNCING, TRANSMITTING, SHARING, OR DISCLOSURE OF USER DATA.

V. TERMINATION

This license is effective until terminated by you or Bastion Health. Bastion Health may, in its sole discretion and without prior notice, terminate your access to the Website for violations of this Agreement or other agreements or guidelines, which may be associated with your use of the Website, or if Bastion Health deems it necessary in its sole discretion. Your rights under this Agreement will terminate automatically without notice from Bastion Health if you fail to comply with any term(s) of this Agreement. Upon termination of this Agreement, you shall cease all use of the Website.

VI. SERVICES; THIRD PARTY MATERIALS

1. Assumption of Risk. The Website may enable access to Bastion Health’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms of service. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that the Bastion Health shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

2. Third Party Materials. Certain Services available through the Website may display, include or make available content, data, information, applications or materials from third parties ("Third-Party Materials") or provide links to certain third-party web sites. By using the Services, you acknowledge and agree that Bastion Health is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. Bastion Health does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Services, Third-Party Materials or websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you. Neither Bastion Health, nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of any information or data displayed by any Services or any Third-Party Materials.

3. Proprietary and Confidential Information. You agree that the Website and any associated products or services may contain confidential or proprietary content, information and material (“Content”) that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, and that you will not use such Content in any way whatsoever except for permitted use of the Website or associated products or services. No portion of the Content may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content, in any manner, and you shall not exploit the Content in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. You further agree not to use the Content in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Bastion Health is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Content. You agree to comply with any applicable third-party terms of agreement when using the Website, e.g., you must not be in violation of a wireless data service agreement when using the Website.

4. Indemnification. In the event of any third-party claim that the Website or your possession and use of the Website infringes that third party's intellectual property rights, Bastion Health will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim as described herein. Provided that you have used the Website in accordance with the terms of this Agreement and you promptly notify Bastion Health of any claim against you of the type described below, Bastion Health agrees to defend or settle, and to indemnify and to hold you harmless from, any such claim brought against you to the extent that: (1) it is a claim of infringement of any patent, copyright, or trademark, in each case enforceable in the United States; (2) it is based on the use of the Website in the form supplied to you by Bastion Health; and (3) it is not based on the use of the Website in combination with other hardware or software except to the extent the use of the Website alone would constitute an infringement or misappropriation. You will promptly notify Bastion Health in writing of the claim, promptly provide Bastion Health with the information reasonably required for the defense of the same, and grant to Bastion Health exclusive control over its defense and settlement. Bastion Health may at its sole option and expense: (i) procure the right for you to continue to use the Website; (ii) modify or replace the Website or such portion thereof as Bastion Health deems appropriate; or (iii) terminate your license to the Website and refund any fees you paid for use of the Website. This section states the entire liability and obligation of Bastion Health to you with respect to infringement of any intellectual property rights.

5. Geographical Restrictions. In addition, third party Services and Third-Party Materials that may be accessed from, displayed on or linked to from the Website are not available in all languages or in all countries. Bastion Health makes no representation that such Services and Third-Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Third-Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Bastion Health reserves the right to change, suspend, remove, or disable access to any Services or Third-Party Materials at any time without notice. In no event will Bastion Health be liable for the removal of or disabling of access to any such Services or Third-Party Materials. Bastion Health may also impose limits on the use of or access to certain Services or Third-Party Materials, in any case and without notice or liability.

6. Technical Support. Bastion Health’s technical support organization may provide technical support for the Website directly to third parties under a separate agreement, but Bastion Health does not provide technical support to your or any end user. Bastion Health and you acknowledge that Bastion Health has no obligation whatsoever to furnish any maintenance and support services with respect to the Website.

VII. DISCLAIMER OF WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND YOUR RELIANCE ON THE OPERATION, OUTPUT OR RESULTS OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, TIMELINESS, CORRECTNESS, RELIABILITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY SERVICES PERFORMED OR PROVIDED BY THE WEBSITE ("APPLICATION SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BASTION HEALTH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ANY APPLICATION SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BASTION HEALTH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, THAT THE FUNCTIONS CONTAINED IN, OR APPLICATION SERVICES PERFORMED OR PROVIDED BY, THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR APPLICATION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR APPLICATION SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BASTION HEALTH OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE WEBSITE OR APPLICATION SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

VIII. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BASTION HEALTH BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOST OR MODIFIED DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE, APPLICATION SERVICES, SERVICES, OR THIRD PARTY MATERIALS HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF BASTION HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Bastion Health's total liability to you for all damages exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

IX. MISCELLANEOUS

1. Licensor. The Licensor of the Website is Bastion Health, Inc. and is located at: 850 NEW BURTON RD, STE. 201 DOVER, DE 19904. You may contact Bastion Health with any questions, complaints or claims with respect to the Website at support@getbastion.com.

2. Choice of Law; Venue. The laws of the State of Delaware excluding its conflicts of law rules, govern this license, its construction, and your use of the Website. Any action arising under this Agreement shall be brought exclusively in Delaware and you and Bastion Health expressly consent to the personal jurisdiction of the state and federal courts located in Delaware for such purposes. Your use of the Website may also be subject to other local, state, or national laws.

3. Entire Agreement. This Agreement, the Privacy Policies, and any other terms of use, or other guidelines (collectively, “Other Terms”) provided by Bastion Health through or in connection with the Product contain the entire understanding of the parties with respect to the subject matter of this Agreement and supersede all previous verbal and written agreements between the parties concerning the subject matter of this Agreement. To the extent that any Other Terms conflict with any provision of this Agreement, this Agreement will control. The product is the property of Bastion Health, who reserves the right to change, add, or remove portions of this Agreement or the Website at any time and at its sole discretion. Your continued use of the Website following the posting or delivery to you of any changes mean that you accept and agree to such changes.

4. Severability. The provisions of this Agreement are severable. The invalidity, in whole or in part, of any provision of this Agreement will not affect the validity or enforceability of any other of its provisions. If one or more provisions of this Agreement are declared invalid or unenforceable, the remaining provisions will remain in full force and effect and will be construed in the broadest possible manner to effectuate the purposes of this Agreement.

TERMS AND CONDITIONS OF USE (WEBSITE)

I. MEDICAL ADVICE DISCLAIMER

The content of this Website, 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. You should always seek the advice of qualified health care professionals with any questions or concerns you may have regarding your individual information, needs, and any medical conditions. Reliance on any information appearing on this Website, whether provided by your health care providers, website content providers, Bastion Health employees or medical staff, visitors to the Website, or others, is solely at your own risk. Never disregard medical advice or delay seeking it because of something you have read on this website. If you are experiencing a medical emergency, you should not rely on the information on this website and should seek appropriate emergency medical assistance, such as dialing “911.”

II. LICENSE TO USE THIS WEBSITE AND CONTENT OWNERSHIP

4. Limitations on Use of This Website. You further agree not to use the Website to do the following:

b. Misrepresent your identity or provide Bastion Health with any false information in any information-collection portion of this Website;

c. Access or attempt to access any portion of this Website to which you have not been explicitly granted access;

d. Infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;

f. Interfere with or disrupt or circumvent the Website;

i. Directly or indirectly authorize anyone else to take actions prohibited in this Agreement; or

j. Use the Website while driving.

III. POSTING MESSAGES, COMMENTS, OR CONTENT

b. the transmission of which could violate, or facilitate the violation of, any applicable law, regulation, or intellectual property rights.

IV. CONSENT TO USE OF DATA

V. TERMINATION

VI. SERVICES; THIRD PARTY MATERIALS

VII. DISCLAIMER OF WARRANTY

VIII. LIMITATION OF LIABILITY

IX. MISCELLANEOUS