The term “Propel Health,” “us,” “our” or “we” refers to Propel Health, whose registered office is 1000 Wyckoff Avenue, Mahwah, NJ 07430.  Propel Health is the owner of this website, mobile application, service platform, and other products or services that Propel Health makes available to you (collectively, “Website”).  The term “you” and “your” refers to the user or viewer of our Website.  The information on this Website is provided as general information about our company and our affiliated companies.  Please read and review these Terms of Use carefully before accessing or using this Website.  By accessing or using this Website, you acknowledge that you have read, understood and agreed to the Terms of Use.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THIS WEBSITE.

Your access to and use of the information contained in this Website is subject to your acceptance and compliance with the Terms of Use.  By accessing and using this Website, you accept, without limitation or qualification, the Terms of Use. You may freely browse and download material and other content from our Website, subject to the trademark, service mark, patent, and copyright provisions described below.

Alteration of Site

Propel Health may change, suspend or discontinue any feature, aspect, product or service available through this Website at any time. Propel Health may add, remove or modify any content of this Website, including that of third parties, at any time.

Privacy

We respect the privacy of our website users. Please refer to our Privacy Policy that explains your rights and responsibilities with respect to personal information that is collected, processed, and disclosed on this Website.

Your Website Conduct

• You agree to use this Website only for lawful purposes.
• You agree to use this Website only for its intended purposes.
• You agree not to disrupt this Website.
• You agree not to interfere with or compromise the security of this Website, or any computer, server, account, network, data, software and/or hardware associated with this Website.
• You agree not to disrupt or interfere with any other visitor’s use of this Website.
• You agree not to attempt to obtain access to any portion of this Website, any computer, server, account, network, software and/or hardware associated with this Website, from which you are restricted.
• You agree not to introduce any viruses, malware, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• You agree that you are solely responsible for any actions you undertake while visiting this Website and that you will comply with all applicable local, state, federal and foreign laws, rules and regulations applicable to this Website and the Internet, including United States copyright law and export regulations.
• You are responsible for all postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials that you post on, transmit through or link from or to this Website (collectively, “Your Content”).
• By posting, transmitting, linking, or uploading Your Content on, at or through this Website, you represent and warrant that (i) you own or otherwise have all necessary rights, including, but not limited to copyrights and other intellectual property rights, in and to Your Content; and (ii) Your Content is true, correct, accurate, current and complete, and does not violate these Terms of Use or any other agreement, and (iii) Your Content does not and will not cause injury to any person or entity.
• You hereby grant Propel Health an irrevocable, transferable, sub-licensable, royalty-free, fully paid, worldwide, non-exclusive license to use, host, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of Your Content: (1) in providing any Website services as described in these Terms; (2) in making the Website and Your Content available to other users of the Website; and (3) for Propel Health’s business purposes in connection with the Website; and in each case without any obligation of compensation to You. The Website services may also provide you with features like photo thumbnails, previews, sorting, editing, sharing, and searching. These and other features may require our systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.
• You warrant that all information you provide to gain access to the services provided by this Website is accurate and truthful.
• Propel Health reserves the right to prohibit any conduct involving this Website that it deems to be inappropriate or illegal.
• Propel Health may prohibit, discontinue or restrict your access to this Website or particular pages of this Website if you violate these Terms of Use.
• If you are provided or select a user name or password to access this Website or any page of this Website, you are responsible to keep such user name and password private, secure, and strictly confidential.
• Images of people or places displayed on our Website are either the property of Propel Health or are being used with permission or a license from the respective owner. You are strictly prohibited from using these images without the express written consent of Propel Health. We will pursue unauthorized use of the images as a violation of applicable copyright, trademark, privacy, and/or publicity laws.
• Propel Health does not knowingly or intentionally collect personal information from children under the age of 13. The content of this Website is directed at adults and is intended for use only by adults over the age of 13. If you are under the age of 13, you may not submit any personal information to Propel Health at or through this Website and should consult with an adult for assistance in using this Website.

Disclaimers

YOU AGREE THAT ACCESS TO AND USE OF THIS WEBSITE AND THE CONTENT THEREOF IS AT YOUR OWN RISK.  WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE ACCURACY, ADEQUACY, OR COMPLETENESS OR THE INFORMATION CONTAINED IN OUR WEBSITE.  YOU AGREE THAT ACCESS TO AND USE OF THIS WEBSITE AND THE CONTENT THEREOF IS “AS IS” AND AT YOUR OWN RISK.  WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF SATISFACTION, QUALITY, PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE CONTENT, MATERIAL, INFORMATION, SERVICES OR PRODUCTS PROVIDED AT, THROUGH OR IN CONNECTION WITH OUR WEBSITE.  WE DO NOT WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ALL TIMES OR THAT YOUR USE WILL BE CONTINUOUS AND/OR ERROR FREE OR VIRUS-FREE.  WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, MATERIAL, INFORMATION, PRODUCTS, AND SERVICES AVAILABLE THROUGH THIS WEBSITE ARE ACCURATE, RELIABLE, OR CURRENT.

Limitation of Liability

WE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR THE CONTENT THEREOF, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, MATERIAL, INFORMATION, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS WEBSITE.  IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, Propel Health’s LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.

Indemnification

By using our Website, you agree to indemnify, defend and hold harmless Propel Health and its affiliates, and each of their respective officers, directors, employees, agents, licensors, suppliers and third party partners, from and against all losses, expenses, damages, costs and settlements, including reasonable attorneys’ fees (collectively, “Losses”) for any third party claim arising from, resulting from, or arising in connection with: (i) any violation by you of these Terms of Use; (ii) your use of this Website or any content thereof; and (iii) your acts and omissions in connection with your use of this Website or content thereof.  You also agree to indemnify, defend and hold harmless Propel Health from and against any Losses that Propel Health incurs or may incur arising from, resulting from, or arising in connection with your providing to Propel Health inaccurate or untruthful information via this Website whether to gain access to the products or services provided through this Website or otherwise.

Third Party Websites and Links

Our Website may contain links or references to other websites maintained by third parties over whom Propel Health has no control. Such links are provided merely as a convenience. Similarly, our Website may be accessed from third party links over which Propel Health has no control.  We make no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information.  Inclusion of any third party link does not imply an endorsement or recommendation by Propel Health.  You may not create a link to this Website from any other website or document without Propel Health’s prior written consent.

Trademarks/Service Marks

All product and services referenced herein, whether or not appearing in large print or with the trademark symbols ®, ™ or SM are trademarks or service marks of Propel Health, unless otherwise noted.  The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, fair trade laws, and communications regulations and statutes.  Please be advised that Propel Health actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Patents and Copyrights

The entire contents of this Website are subject to copyright protection and other proprietary rights.  The contents of this Website, including, but not limited to, the layout, look, appearance, logos, color combinations and graphics, may not be copied or reproduced other than for noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed.  Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Propel Health.  Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or service mark of Propel Health or any third party.

Non-Confidential Information

Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through this Website by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be, non-confidential and Propel Health shall have no obligation of any kind with respect to such information. You agree that we shall be free, without any cost or obligation, to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, creating, developing, and marketing products and services.

Governing Laws

This Terms of Use and your use of this Website shall be governed by the laws of the United States of America and the State of New Jersey without regard to its conflicts of laws principles. Any legal action or proceeding related to this Website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Jersey.

Void Where Prohibited

Although the information on our Website is accessible worldwide, not all products or services discussed on this Website are available to all persons or in all geographic locations or jurisdictions. We reserve the right to limit provision of products or services to any person, geographic region, or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made on this Website is void where prohibited.

Revisions

We reserve the right to change our Terms of Use regarding our Website at any time with or without notice. If we make changes, we will post them and will indicate at the bottom of this page the new effective date. We encourage you to refer to our Terms of Use on an ongoing basis so that you understand our current Terms of Use.

IF YOU DO NOT AGREE WITH THE NEW TERMS OF USE, THEN DISCONTINUE YOUR USE OF THIS WEBSITE.

Miscellaneous

If any provision of our Terms of Use is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. We reserve the right to alter or delete content from this Website at any time at our discretion. No waiver of any of these term or condition of the use of our Website shall be deemed a further or continuing wavier of such term or condition or any other term or condition. Nothing on this Website constitutes an invitation or offer to invest or deal in, or solicitation of an offer to purchase, the securities or Propel Health.  You hereby acknowledge that these Terms of Use, the Privacy Policy and all other documents referenced herein represent the entire agreement between you and Propel Health concerning your use of this Website, the content contained on this Website, and all other information and services available on this Website.  The section headings used in these Terms of Use are for reference and the convenience of the readers and shall not constitute part of the Terms of Use for interpretation purposes.

Date of last update:  January 25, 2022