Decentralized trial and registry patient-engagement software to generate Real World Evidence for the Life Science Industry.

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EmpiraMed Web Site Terms, Privacy Policy and Third Party Disclaimers

Last modified: March 24, 2014

1. Terms

By accessing this EmpiraMed, Inc. ("EmpiraMed") web site ("Site"), you are agreeing to be bound by these Site terms and conditions of use ("Terms"), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this Site. The materials contained in this Site are protected by applicable copyright and trademark law. These Terms are distinct, separate, and independent from the EmpiraMed™ PRO Portal™ software platform terms of use, privacy policy, and rewards program policy. These Terms do not apply to the EmpiraMed PRO Portal platform and any terms of use related to the EmpiraMed PRO Portal platform do not apply to this Site.

2. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on this Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

   1. modify or copy the materials;

   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

   3. attempt to decompile or reverse engineer any software contained on EmpiraMed's web Site;

   4. remove any copyright or other proprietary notations from the materials; or

   5. transfer the materials to another person or "mirror" the materials on any other server.

2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by EmpiraMed at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimers

1. The materials on the EmpiraMed web site are provided "as is". EmpiraMed makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, EmpiraMed does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Site or otherwise relating to such materials or on any sites linked to this Site.

2. Any third parties or merchants represented on this Site are not sponsors of any EmpiraMed program, including the Rewards Program, or otherwise affiliated with EmpiraMed unless explicitly stated otherwise. Any third party logos or other identifying marks on this Site are trademarks of and owned by each represented company and/or its affiliates. Please visit each third party company's website for additional terms and conditions.

4. Limitations

In no event shall EmpiraMed or its employees, suppliers, customers, partners, or affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on this Site, even if EmpiraMed or an EmpiraMed authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on this Site could include technical, typographical, or photographic errors. EmpiraMed does not warrant that any of the materials on its Site are accurate, complete, or current. EmpiraMed may make changes to the materials contained on its Site at any time without notice. EmpiraMed does not, however, make any commitment to update the materials.

6. Links

EmpiraMed has not reviewed all of the sites linked to its Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by EmpiraMed of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

EmpiraMed may revise these Terms for its Site at any time without notice. By using this Site you are agreeing to be bound by the then current version of these Terms.

8. Site Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Site Privacy Policy ("Policy") in order for you to understand how we collect, use, communicate, disclose, and make use of personal information. This Policy is distinct, separate, and independent from the privacy policy governing the EmpiraMed PRO Portal software platform. The following outlines our Site Policy:

• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

• We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

• We will only retain personal information as long as necessary for the fulfillment of those purposes.

• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

• We will make readily available to customers and other users, including patients, information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

9. Governing Law

Any claim relating to EmpiraMed's Site shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to conflicts-of-law principles. The sole and exclusive jurisdiction and venue for any litigation arising from this Site shall be an appropriate federal or state court located in the Commonwealth of Massachusetts, and the parties agree not to raise, and waive, any objections or defenses based upon venue or forum non conveniens. If any provision of these Terms is held invalid, illegal or unenforceable by a court of competent jurisdiction, such shall not affect any other provision of these Terms, which shall remain in full force and effect.