Terms of Use

Upgrade Health®, Inc. ("Live Forever Health", "we," "us," and "our") contracts with Providers regarding online tele-health medical consultations and secure messaging between RejuvaMed PLLC, Upgrade Health Inc. dba LiveForeverHealth physicians and other healthcare professionals (individually the "Provider" and collectively the "Providers") and their patients. (See Section 20 for supplemental terms applicable to Providers.) The professional medical services and the non-clinical Site services (which are provided by RejuvaMed PLLC, Upgrade Health Inc. dba Live Forever Health) are collectively referred to in this Terms of Use as the "Services". The terms "you" and "your" means you, your dependent(s) if any, and any other person accessing your Live Forever Health Account.

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services and purchase of Products. By clicking "accept", you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use, the Notice of Privacy Practices provided to you by the Guardian Medical Group, and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.

Privacy Practices

You agree that information provided by you in connection with the Services and Site shall be governed by the RejuvaMed PLLC, Upgrade Health Inc. dba Live Forever Health Privacy Policy, which is hereby incorporated and made a part of this Agreement. You agree that information provided by you in connection with the Services shall also be governed by the RejuvaMed PLLC, Upgrade Health Inc. dba LiveForeverHealth Notice of Privacy Practices, and is hereby incorporated and made a part of this Agreement.

Services Provided – No Medical Care or Advice by Live Forever Health

We offer an online communication platform for Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers.

RejuvaMed PLLC, Upgrade Health Inc. dba Live Forever Health does not provide medical advice or care. RejuvaMed PLLC, Upgrade Health Inc. dba Live Forever Health contracts a medical group with a network of United States based Providers who provide clinical tele-health services. Providers deliver clinical services via the RejuvaMed PLLC, Upgrade Health Inc. dba Live Forever Health platform to their patients. Providers are independently contracted or employed by. Providers are not contracted or employed by RejuvaMed PLLC, Upgrade Health Inc. dba Live Forever Health. The Providers, and not RejuvaMed PLLC, Upgrade Health Inc. dba Live Forever Health, are responsible for the quality and appropriateness of the care they render to you.

The Providers are independent of RejuvaMed PLLC, Upgrade Health Inc. dba Live Forever Health and are merely using the Site as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from RejuvaMed PLLC, Upgrade Health Inc. dba Live Forever Health. Your interactions with the providers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither RejuvaMed PLLC, Upgrade Health Inc. dba Live Forever Health, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the Site. RejuvaMed PLLC, Upgrade Health Inc. dba Live Forever Health does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.

RejuvaMed PLLC, Upgrade Health Inc. dba Live Forever Health does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service. You will be provided with available Providers based solely on the information you submit to the Site. You are ultimately responsible for choosing your provider.

The content of the Site and the Services, 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 by RejuvaMed PLLC, Upgrade Health Inc. dba Live Forever Health. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by RejuvaMed PLLC, Upgrade Health Inc. dba Live Forever Health, or in connection with any communications supported by RejuvaMed PLLC, Upgrade Health Inc. dba Live Forever Health, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While RejuvaMed PLLC, Upgrade Health Inc. dba Live Forever Health facilitates your selection of, and communications with, Providers, RejuvaMed PLLC, Upgrade Health Inc. dba Live Forever Health does not provide medical services, and the physician-patient relationship is between you and the Provider you select.

Use of the Service

The Voice AI Bot is intended to assist with appointment scheduling and answer general inquiries. It is not a substitute for professional advice or consultation. For specific medical or legal advice, please contact a qualified professional.

You agree to provide accurate and truthful information when using the Voice AI Bot. Providing false or misleading information may result in the termination of your access to the service.

You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

Risks of Telehealth Services

By using the Services, you acknowledge the potential risks associated with tele-health services. These include but are not limited to the following:

• Information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider
• Delays in evaluation or treatment could occur due to failures of electronic equipment
• A lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors
• Although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information

Prescription Policy

Neither RejuvaMed PLLC, Upgrade Health Inc. dba Live Forever Health endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written.

Providers do not prescribe DEA controlled substances or scheduled medications. We do not currently support prescriptions for controlled substances through the service. The Provider does not offer refills without a visit. If you run out of your prescription, you will need to have another tele-health visit.

Payment, Cancellation, and Refund Policy

Payment for the Services is due at the time of service. We accept major credit cards and debit cards. All fees are non-refundable except as expressly provided in these Terms of Use.

Cancellation Policy

You may cancel a scheduled appointment up to 24 hours before the scheduled time without penalty. Cancellations made less than 24 hours before the scheduled appointment may result in a cancellation fee.

Refund Policy

If you are not approved for treatment by a Provider during your consultation, you will receive a full refund of your consultation fee. Medication costs and shipping fees are non-refundable once the order has been processed and shipped.

If you are dissatisfied with our Services, please contact us at info@liveforeverhealth.com to discuss your concerns. We will work with you in good faith to resolve any issues.

Account Creation and Security

To use certain features of the Site and Services, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your password
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activities that occur under your account

You may not share your account credentials with others or allow others to access your account. You are solely responsible for maintaining the confidentiality of your account information.

Acceptable Use and Conduct

You agree to use the Site and Services only for lawful purposes and in accordance with these Terms of Use. You agree NOT to:

• Use the Site in any way that violates any applicable federal, state, local, or international law or regulation
• Impersonate or attempt to impersonate another person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site
• Use the Site to transmit or procure the sending of any advertising or promotional material without our prior written consent
• Attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site
• Use any automated system to access the Site in a manner that sends more request messages to our servers than a human can reasonably produce
• Provide false or misleading information to Providers or Live Forever Health

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Live Forever Health, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our Site, except as necessary to use the Services for their intended purpose.

Disclaimers and Limitations of Liability

Medical Disclaimer

The information provided through the Site and Services is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately.

NO MEDICAL SERVICES

Termination

We may terminate or suspend your account and access to the Site and Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use. Upon termination, your right to use the Site and Services will immediately cease.

Wireless Carrier Disclaimer

LiveForeverHealth is not responsible for any delayed or undelivered SMS messages. Delivery of mobile messages is subject to effective transmission by your wireless service provider and network availability. Wireless carriers (including but not limited to AT&T, Verizon, T-Mobile, and others) are not liable for delayed or undelivered messages. Wireless carriers are not responsible for any service failures or delays in message delivery.

Age Requirement for SMS Communications

By opting in to receive SMS messages from LiveForeverHealth, you confirm that you are at least eighteen (18) years of age and are the authorized user of the mobile phone number provided. If you are under 18, you may not use or subscribe to our SMS messaging services. LiveForeverHealth does not knowingly send SMS messages to individuals under the age of 18.

Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in the federal or state courts located in Florida, and you hereby irrevocably consent to personal jurisdiction and venue therein.

Dispute Resolution; Arbitration Agreement

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Agreement to Arbitrate

You and Live Forever Health agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Site or Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Waiver of Class Actions

You and Live Forever Health agree that each party may bring Disputes against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and Live Forever Health agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Arbitration Procedure

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this section. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

Changes to Terms of Use

We reserve the right to modify or replace these Terms of Use at any time at our sole discretion. If we make material changes to these Terms of Use, we will notify you by updating the "Last revised" date at the top of these Terms of Use and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). Your continued use of the Site and Services following the posting of revised Terms of Use means that you accept and agree to the changes.

Contact Information

If you have any questions about these Terms of Use, please contact us at:

Entire Agreement

These Terms of Use, together with our Privacy Policy and any other legal notices published by us on the Site, constitute the entire agreement between you and Live Forever Health concerning the Site and Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Live Forever Health with respect to the Site and Services.

Severability

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Live Forever Health's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.