Terms of Use

The above websites, applications, products, services, and solutions are collectively referred to herein as the "Services".

These Terms are entered into by and between Zerigo and any individual or entity using or accessing any Service ("Customer", "You", and "Your"). If You use the Services on behalf of a company or other entity then “You” includes You and that entity, and You represent and warrant that (a) You are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) You agree to these Terms on the entity's behalf.

Please read these Terms carefully. These Terms describe Your responsibilities, Zerigo’s liability, and the liability of third parties related to the Services. All users of the Services must accept and comply with the terms and conditions set forth herein. BY CLICKING A BOX INDICATING ACCEPTANCE OF THESE TERMS, PLACING AN ORDER FOR ANY ZERIGO PRODUCT, ZERIGO SERVICE AND/OR ZERIGO SOLUTION, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU ACCEPT ALL OF THE PROVISIONS OF THESE TERMS AND REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

THESE TERMS INCLUDE (1) AN ARBITRATION PROVISION; AND (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. YOU HAVE THE RIGHT TO OPTOUT OF THE ARBITRATION PROVISION AS FURTHER EXPLAINED IN SECTION 15 (ARBITRATION AND CLASS ACTION WAIVER).

YOU UNDERSTAND THAT YOU MAY VOICE GRIEVANCES / COMPLAINTS REGARDING THE SERVICES WITHOUT REPRISAL BY CONTACTING THE FOLLOWING:

Telephone calls with Zerigo may be recorded or monitored.

1. ADDITIONAL TERMS

1.1. Privacy Policies. Additionally, Zerigo’s Privacy Policy and Notice of Privacy Practices (collectively, the "Privacy Policy") explain how we collect, use, and disclose Your information in connection with the Services. By using the Services, you agree that Zerigo may collect, use, and disclose such information, including Your health-related information (collectively "Information"), in accordance with the Privacy Policy.

1.2. Program Sponsor. To the extent You receive the Services through Your employer, Your family member’s employer, or other sponsoring organization (each, a "Program Sponsor"), You understand that Your use of the Services may be subject to additional terms as set forth in the agreement between Zerigo and the Program Sponsor and that per such agreement, we may provide Your Information to Your Program Sponsor, including information regarding whether, and to what extent You have participated in the Services.

2. WHO MAY USE THE SERVICES.

2.1. To use the Services You must have a prescription from a licensed healthcare provider. You must be at least 18 years of age and a resident of the United States of America to use the Services, or for those under the age of majority in the jurisdiction in which they reside, the parent or guardian must accept these Terms on their behalf to use the Services.

3. REGISTRATION.

3.1. User Account. In order to use certain Services (including to register a Zerigo Product), You must register an account on the Services ("User Account"). If You are the parent or guardian of a person under the age of 18, and You decide to make the Services available to such minor, you may establish the User Account in Your name for the benefit of such minor. You are responsible for providing and maintaining up-to-date and accurate contact information, including Your telephone number and email address, and other information on Your User Account.

4. CONSENT TO EMAIL AND TEXT MESSAGING.

4.1 Zerigo may contact You through SMS/MMS text messaging or e-mail, which allows Zerigo to efficiently exchange information with patients using the Services. You understand that communications, including those involving personal health information, between You and Zerigo may be transmitted by electronic means, including, without limitation through SMS/MMS text messaging, email, and/or written, visual, or audio messages on the Services to the fullest extent permitted by applicable law. SMS/MMS text messages are not encrypted. You may refuse to permit Zerigo to communicate with You through email or text messaging; however, refusal to do so may result in an inability to utilize the full scope of the services offered by Zerigo including the full utility of the Zerigo Mobile App.

5. REQUIREMENTS FOR USE OF ZERIGO DEVICES, MOBILE APP, AND SERVICES

5.1. Physician Consultation. You agree that before using any Zerigo Device, you will consult with a licensed physician or other licensed health care provider who is authorized to prescribe the medical device for Your use and to discuss whether the Zerigo Device is appropriate for You.

5.2. Prescription required before shipment. A valid prescription must be obtained from a licensed physician or other qualified licensed health care professional in order for you, or the person for whom you are acting, to acquire and use the Zerigo device and you understand that the Zerigo Devices and related services may only be acquired and used in the United States of America. Within a reasonable period of time after receipt of a valid prescription, and payment in full for the Zerigo Device and other Zerigo Services ordered, the Zerigo Device will be shipped to You.

5.3. THE ZERIGO DEVICE MAY BE PURCHASED ONLY FOR PERSONAL USE BY YOU, ON BEHALF OF YOUR MINOR CHILD OR THE 40-0178, Rev D PERSON FOR WHOM YOU ARE ACTING, AND PURSUANT TO A PRESCRIPTION FROM A LICENSED PHYSICIAN AND/OR OTHER HEALTHCARE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT PERMIT ANY OTHER PERSON TO USE THE ZERIGO DEVICE THAT YOU PURCHASE UNLESS IT IS PURCHASED AS A GIFT, THE RECIPIENT HAS A VALID PRESCRIPTION, AND THE RECIPIENT AGREES TO THESE TERMS, AND TO THE PRIVACY POLICY. ZERIGO DOES NOT AUTHORIZE YOU TO RESELL, LEASE, LEND, GIFT AND/OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION OF THE ZERIGO DEVICE TO ANY OTHER PERSON AS USE OF THE DEVICE BY ANOTHER PERSON WITHOUT A PRESCRIPTION IS UNLAWFUL. EVEN WITH A PRESCRIPTION, USE OF YOUR ZERIGO DEVICE BY ANOTHER PERSON POSES THE RISK OF EXPOSING THAT PERSON TO BIOHAZARDS INCLUDING CONTAGIOUS DISEASES, BACTERIA, FUNGI AND VIRUSES.

5.4. Mobile Phone Requirements.

5.6. COMPLIANCE WITH THE ZERIGO DEVICE PATIENT GUIDE. After You obtain a prescription for the Zerigo Device, you will receive and have access to the Zerigo Device Patient Guide (the “Patient Guide”). You agree to read the Patient Guide in its entirety and comply with all of the instructions for use that are contained within it. If there is anything in the Patient Guide that You do not understand, you may contact a ZerigoCare Guide by phone or through the messaging feature on the Zerigo Mobile App.

5.7. Contraindications. As explained in the Patient Guide, contraindications to the use of the Zerigo Device may include history of photosensitive disorder, history of skin cancer, or current skin cancer. It is also important for You to talk to Your physician if You have very fair skin or a history of atypical moles. Be sure to discuss with Your physician any history of excessive exposure to natural sunlight or phototherapy, immune lowering medications or conditions and current use of any medications that may make You more sensitive to light.

5.8. Progress Checks and Photos When Using the Zerigo Device. As more fully explained in the Patient Guide, use of the Zerigo System and the Zerigo Device requires periodic progress checks. As part of the progress check process, You will have the option to take or upload photos of Your treatment areas that You can choose to securely share with Zerigo through the Zerigo Mobile App. These progress checks play a crucial role in allowing You to track Your treatment progression. The progress updates, which include the photos You choose to share with Zerigo, are securely stored and can only be accessed by You, Your physician and Zerigo.

5.9. Sunburn-Like Reactions. As more fully explained in the Patient Guide, use of the Zerigo Device may result in redness, increased itchiness and tenderness that may be signs of a sunburn-like reaction and/or tanning of the skin. The Patient Guide contains instructions for reducing the likelihood of any sunburn-like reaction and/or tanning. Some medications and dietary supplements when combined with light therapy can increase Your risk of sunburn. Please notify Your physician if You are unsure about the impact Your medication(s) may have on Your reaction to the Zerigo Device. ALWAYS CONSULT WITH YOUR PHYSICIAN AND/OR OTHER HEALTH CARE PROVIDER IF YOU HAVE A BURN REACTION OF ANY TYPE OR SEVERITY.

5.10. ZERIGO DEVICE CAUTIONS.

6. USE OF THE ZERIGO SERVICES.

6.1. Limited License. Subject to the terms and conditions of these Terms, Zerigo grants You a non- exclusive, non-transferable, non-assignable, nonsublicensable, revocable, limited license to access and use the software provided to You as part of the Services and to download a single copy of the Zerigo Mobile App solely for Your personal use and for no other purposes.

7. INTELLECTUAL PROPERTY RIGHTS.

7.1. Ownership of the Services. All copyrightable content and other materials contained within or on, or used in connection with, the Services including, but not limited to, all intellectual property and technology of the Zerigo Devices and the text, graphics, logos, the “look and feel” of the Services, button icons, pictures, images, audio recordings and files, video recordings and files, software, data, routines, documentation, literary works, and compilations are owned by, or licensed by third parties to, Zerigo and are protected by copyright, trademark and other intellectual property laws.All patent rights, copyrights, trademark rights, trade dress rights, trade secret rights and other intellectual property and other rights applicable to the Services and any Zerigo Products are owned by Zerigo and/or its licensors, and as between You and Zerigo, Zerigo retains ownership of all such rights.

7.2. Trademarks. The word marks and logos used to identify Zerigo as a source of the Services and the Zerigo Products are trademarks and service marks owned exclusively by Zerigo.Any and all aspects of the Services and the Zerigo Products (including, but not limited to product design) that qualify as trade dress are owned exclusively by Zerigo.Zerigo’s trademarks, service marks and/or trade dress are protected by trademark laws of the United States and other countries throughout the world.You are not permitted to use in any way any of Zerigo’s trademarks, service marks or trade dress.

7.3. User Submissions. Any information or photos that You provide to Zerigo through Your treatment with the Zerigo Device or the Zerigo Mobile App is not considered a User Submission and is considered confidential information. It is the policy of Zerigo to decline unsolicited suggestions and ideas from users and non-users of the Zerigo Services.Notwithstanding this policy, with regard to unsolicited suggestions and ideas, inclusive of any inquiries, feedback, suggestions, ideas or other information or content that You provide to Zerigo verbally or by mail, e-mail, messaging, posting of online communications such as product reviews or online testimonials (hereinafter referred to as "User Submission(s)"), will be treated as non-proprietary and non-confidential.By communicating, transmitting or posting any User Submissions to or about Zerigo, by any means, You hereby grant Zerigo a non-exclusive, royalty-free, perpetual, assignable, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from , make, use, offer to sell, sell, distribute and display any User Submissions (including the contents thereof) in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works.

8. THIRD-PARTY MATERIALS OR CONTENT.

8.1. The Services may display, include, or make available websites, content, applications, information, or other materials owned and operated by thirdparty vendors, affiliates, partners, licensees, or licensors of Zerigo (collectively, "Third-Party Materials or Content"). Zerigo is not responsible for any Third-Party Material or content and such Third-Party Material or content may not be deemed to be endorsed or recommended by Zerigo. Your use of any Third-Party Materials or content is at Your own risk. You acknowledge and agree that Zerigo is not responsible for examining or evaluating, does not warrant the offerings of, and does not assume any responsibility or liability for the actions, content, products, or services of, contained on or provided by Third-Party Materials or conent, including, without limitation, the applicable third party's privacy policies, compliance with HIPAA or other laws and regulations and/or terms of use. You should carefully review the privacy policy and terms of use applicable to all Third-Party Materials or content and other websites that You may visit.

9. THE ZERIGO MOBILE APP.

9.1. The Zerigo Mobile App is required for operation of the Zerigo Device.The Zerigo Mobile App works on both Android and Apple devices.

10. Zerigo Health Alerts SMS Availability

10.2. By opting into receiving Zerigo Health Alerts, You consent to receive mobile text alerts from Zerigo sent using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.

10.3. By signing up to receive Zerigo Health Alerts, You are confirming you are over the age of 13.

10.4. To stop receiving the Zerigo Health Alerts: Text STOP to 937446. You will receive a confirmation text from Zerigo

10.5. For additional information regarding Zerigo Health Alerts, text HELP to 937446 or contact Zerigo at 877-738-6041.

11. INDEMNIFICATION

11.1. You agree to defend, indemnify and hold Zerigo, its subsidiaries and affiliates, and their directors, members, managers, officers, employees, agents, independent contractors, attorneys, partners, licensors and licensees, harmless for, from and against any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from and/or related to (i) Your use of the Services, (ii) Your breach of any duty or obligation that You have under these Terms, (iii) Your violation of any applicable laws, and/or (iv) Your negligence or willful misconduct.

12. LIMITED ZERIGO PRODUCTS WARRANTY.

12.1. YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT (A) ZERIGO'S PRODUCTS, INCLUDING THE ZERIGO DEVICE AND ITS ACCESSORIES, ARE SUBJECT TO A LIMITED WARRANTY IN FAVOR OF THE ORIGINAL PRESCRIBED USER BUYER OF THE ZERIGO DEVICE (“PRESCRIBED USER”) ONLY, TO BE FREE FROM MANUFACTURING DEFECTS FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF SHIPMENT, AND (B) THE SOLE AND EXCLUSIVE REMEDY SHALL BE FOR ZERIGO TO REPAIR OR REPLACE THE DEFECTIVE ZERIGO DEVICE AND/OR OTHER ZERIGO PRODUCT OR COMPONENT THEREOF, PROVIDED THAT THE PRESCRIBED USER GIVES WRITTEN NOTICE TO ZERIGO OF THE CLAIM OF DEFECT AND THE PRESCRIBED USER COMPLIES WITH ZERIGO’S INSTRUCTIONS FOR RETURNING THE DEFECTIVE PRODUCT TO ZERIGO OR ZERIGO’S AUTHORIZED AGENT.ZERIGO MAY OFFER THE PRESCRIBED USER THE OPPORTUNITY TO EXTEND THE EXPIRATION DATE OF THIS LIMITED REPAIR OR REPLACEMENT WARRANTY FOR AN ADDITIONAL FEE AS PUBLISHED ON ZERIGO’S WEBSITE OR AS OTHERWISE COMMUNICATED IN WRITING TO THE PRESCRIBED USER. ZERIGO’S DETERMINATION AS TO WHETHER A MANUFACTURING DEFECT EXISTS AND IS COVERED BY THIS LIMITED WARRANTY SHALL BE FINAL AND BINDING.IF THE FAILURE OF OPERATION IS DEEMED BY ZERIGO TO BE OUTSIDE OF WARRANTY COVERAGE, ZERIGO WILL CHARGE THE PRESCRIBED USER FOR REPAIR OR REPLACEMENT.

13. DISCLAIMER.

15. TERMINATION.

15.1. Zerigo reserves the right to terminate (i) Your access to the Services, and/or (ii) Your User Account and/or relationship with Zerigo, with or without cause in Zerigo’s sole discretion.You will be given written e-mail notice of such termination; sent to the last known e-mail address that You have provided to Zerigo. Zerigo also reserves the right to refuse to provide any product or service to You without cause in Zerigo’s sole discretion. You may terminate Your User Account and/or relationship with Zerigo in accordance with the procedures provided. Upon termination of (i) Your access to the Services, and/or (ii) Your User Account and/or relationship with Zerigo, you shall immediately cease accessing and using the Services. Upon such termination, all provisions of these Terms shall remain in full force and effect, excluding the provisions in which Zerigo has granted You any licenses or access to the Services, which shall thereafter be terminated.

16. ARBITRATION AND CLASS ACTION WAIVER

16.1. Please read carefully This section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding).You may opt out of the arbitration agreement by following the opt out procedure described below.

16.2. Informal Process First. You agree that in the event of any dispute between You and Zerigo, you will first contact Zerigo and make a good faith, sustained effort to resolve the dispute before resorting to more formal means of resolution including, without limitation, any court action.

17. GENERAL PROVISIONS.

17.1. Entire Agreement. These Terms constitute the complete agreement between You and Zerigo and supersede all prior or contemporaneous discussions, representations, and proposals, written or oral, with respect to the subject matter discussed herein.

17.3. Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to Zerigo for which monetary damages would not be an adequate remedy and Zerigo shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without posting a bond, other security, or proof of damages.

17.4. Miscellaneous. These Terms will inure to the benefit of, and will be binding upon, each party’s successors and assigns.These Terms and the licenses granted hereunder may be assigned by Zerigo, but may not be assigned by You, without the prior express written consent of Zerigo.If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby, and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired.It is expressly understood that in the event either party on any occasion fails to perform any term hereof, and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.Nothing contained in these Terms will be deemed to constitute a designation of either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose.The headings and captions contained herein will not be considered part of the Terms but are for convenience only.You and Zerigo agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. The laws of the State of California, without regard to its conflicts of law rules, govern these Terms and Your use of the Services.Your use of the Services may also be subject to other local, state, national, or international laws.

17.5. California Residents. Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

17.6. Force Majeure. Zerigo shall not be liable for any alleged nonperformance of any alleged duty or obligation it may have either expressly or impliedly under these Terms (including any alleged implied covenant of good faith and fair dealing), in whole or in part, as a result of any event or series of events caused by or resulting from any of the following: (i) weather conditions or elements of nature; (ii) acts of God; (iii) acts of war, terrorism, insurrection, riots, rebellion and/or civil disorders; (iv) pandemics, epidemics, or quarantines; (v) embargoes; (vi) labor strikes; (vii) telecommunications, network, computer, server, storage device, hardware, software and/or Internet disruptions, failures or downtimes; (viii) unauthorized access to the Services and/or any telecommunications, network, computer, server, storage device, hardware, software and/or Internet systems operated by or on behalf of Zerigo; and/or (ix) any other event or occurrence beyond the reasonable control of Zerigo.

18. MODIFICATIONS.

18.1 We may modify these Terms at any time in which case we will update the “Last Revised” date at the top of these Terms.If we make changes that are material, we may use reasonable efforts to attempt to notify You, including by email or placing a prominent notice on the first page of the Website and the Zerigo Mobile App.However, it is Your sole responsibility to review the Terms from time to time to view any such changes.Your continued access or use of the Services after the modifications have become effective will be deemed Your conclusive acceptance of the modified Terms.If You do not agree with the modifications to the Terms, then please do not continue to access or use the Services.

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