Terms & Conditions.

Terms and Conditions

BY USING THE SITE, YOU ARE CONSENTING TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ACCEPT THE TERMS, DO NOT LOG IN TO OR USE THE SERVICES.

Any information that AimCare LLC (“us” or “we” or “our” or“AimCare”) collects through your use of the Site is subject to the PrivacyPolicy, which is part of these Terms.

By continuing to use the Site, you agree as follows:

1.    You are at least 18 years old;

2.    You understand and agree that these Terms are a legally binding agreement and the equivalent of a signed, written contract;

3.    You will use the Site in a manner consistent with applicable laws and regulations, and with these Terms, as they may be amended by AimCare from time to time; and

4.    You understand, accept, and have received these Terms, and acknowledge and demonstrate that you can access these Terms at will.

If you do not agree with and accept the Terms, please discontinue all further use of the Site. Do not continue to access the Site.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND AIMCARE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAW SUITOR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING privacy@aimcare.ai WITHIN 30 DAYS OF ACCEPTING THESE TERMS.

Terms of Use
Effective: April 2024

These Terms are a legal contract between you (“you/your” or “user”) and AimCare. AimCare is the creator of the Site and provides information about the company and its services through the Site. These Terms govern your use of the Site and apply to the individuals accessing the Site and any organizations for whom they act as agents or employees. By accepting these Terms and using the Site, you acknowledge that you have read, understand, and agree to these Terms and our Privacy Policy.

HOW WILL AIMCARE NOTIFY YOU OF CHANGES TO THESE TERMS?
AimCare reserves the right to change or modify these Terms at any time without prior notice to you. If we materially change or modify these Terms, we will let you know by posting a new version of the Terms on the Site and we will change the “Last Updated” date above.

If you continue to use the Site after we have informed you of the changes, you agree to be bound by the modified Terms. If you do not accept the changes, you should immediately stop using the Site and delete all files associated with the Site on your computer and/or mobile device.

WHO OWNS THE SITE AND PERSONAL DATA?

Site Ownership and Use.
AimCare and its licensors own the Site, including all content and functionality you access through the Site. Subject to your compliance with these Terms, AimCare grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Site.
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THE SITE IS FOR YOUR PERSONAL USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE SITE.

You may not use the Site for any other purpose than what is expressly permitted under these Terms without AimCare’s express written permission.

You may not use AimCare’s name, trademarks, service marks, or logos, or those of third parties appearing on the Site in any advertising or publicity, nor to otherwise indicate AimCare’s or such third party’s sponsorship affiliation with any product or service without express written permission from AimCare or such third party.

Personal Data Ownership and Use.
You own your Personal Data and any other information you submit on or through the Site (collectively, “User Information”). If you are entering someone else’s information into the Site, you represent and warrant that you have permission to do so. For us to provide you with the Site, you grant to AimCare a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub licensable, worldwide license to use your User Information for the purpose of providing the Site. You also agree to allow AimCare to de-identify and anonymize your User Information, and to use or disclose such de-identified information for any purpose.

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WHAT ARE YOU NOT ALLOWED TO DO WITH THE SITE?
You may use the Site only for lawful purposes and in accordance with these Terms. In addition, we impose certain restrictions on your use of the Site.While using the Site, you shall not:

1.    Provide false, misleading, or inaccurate information to us;

2.    Use the Site in any manner not permitted by these Terms;

3.    Use or attempt to use any manual process, engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to harvest, monitor, or otherwise collect information from the Site for any use, including, without limitation, use on third-party websites, without our consent;

4.    Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to use the Site;

5.    Violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);

6.    Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site. Any violation of this section may subject you to civil and/or criminal liability;

AimCare is not obligated to monitor your use of the Site, but we may do so to ensure your compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when we are required to. AimCare reserves the right to suspend or terminate your use of the Site without notice to you if you partake in any of the prohibited uses described above.

OPTING OUT OF COMMUNICATIONS FROM AIMCARE
We may send communications, including emails and calls, to you regarding the Site or in response to your requests for information or contact. You can choose to filter any Site emails using your email settings, and you may opt out of receiving any marketing or advertising materials from AimCare at any time by exercising the opt-out method for such marketing communications within the applicable message.

THIRD-PARTY SITES AND SERVICES
Third-Party Websites.
In the course of using the Site, you may be introduced to areas or features of the Site that allow you to access websites that do not belong to and are not controlled by us (collectively, “Third-Party Sites”). If you choose to access one of these Third-Party Sites, you will leave our Site and be redirected to an environment owned and controlled by an external third party. You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms of use, user guides, and/or business practices (collectively, “Third-PartyRules”) than us, and that your use of such Third-Party Sites is governed exclusively by the respective Third-Party Rules. We provide links toThird-Party Sites to you as a convenience, and we do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.

YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES,INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“THIRD PARTY MATTERS”)AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ONTHE THIRD PARTY MATTERS.

Any reference in the Site to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply our endorsement or recommendation.

Third-Party Services.
To the extent any features, aspects, products, or services offered through the Site are provided, in whole or in part, by third parties (“Third-PartyServices” as provided by “Third-Party Service Providers”), including theView Jobs feature on the Careers page, you may be subject to additional terms and conditions. IF YOU

DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES.

In the event of any inconsistency between terms of use relating to Third-PartyServices and these Terms, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about you, as specified in the Third-Party Service Provider’s privacy policies. Prior to providing information to anyThird-Party Service Provider, you should review their privacy policy.

IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY OR TERMS OF USE, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FORANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.

WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY
No Warranties.
THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AIMCARE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AIMCARE MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. AIMCARE MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS,TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AIMCARE OR THROUGH THE SITE OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE SITE.

Your Responsibility for Loss or Damage.
YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU WILL NOT HOLD AIMCARE OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS, AS APPLICABLE,RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OFTHE SITE, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA.

Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE REMAINS WITH YOU.NEITHER AIMCARE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY,OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOOD WILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COSTOF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, OR FOR INFORMATION OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIMCARE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.

IF YOU ARE DISSATISFIED WITH THE SITE OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SITE.

‍AIMCARE IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, AIMCARE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT,EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE SITE MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.

‍INDEMNIFICATION

‍YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AIMCARE AND ITS REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE(INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF OR IN ANYWAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542,WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

‍ACCESS TERMINATION

‍If you breach any of these Terms, we may terminate your access to the Site without prior notice to you. There may be other instances where we may need to terminate your access to the Site that are not related to any of your actions or inactions. We reserve the right to terminate your access to and use of theSite and materials at any time, with or without cause.

‍GENERAL CONTRACT TERMS‍

‍Entire Agreement.

‍These Terms, the Privacy Policy, and any other terms incorporated by reference, constitute the entire and exclusive understanding and agreement between AimCare and you regarding the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between AimCare and you regarding the Site.

‍Governing Law.

‍These Terms shall be governed by the laws of the State of Delaware without reference to its conflict of laws provisions.

‍Assignment.

‍You may not assign or transfer these Terms, by operation of law or otherwise, without AimCare’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. AimCare may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

‍Notices.

‍Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (i) by AimCare via email (in each case to the address that you provide);and/or (ii) by posting to the Site. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from AimCare electronically satisfies any legal requirement that such notice be in writing.

YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH AIMCARE IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.

You shall give any notice to AimCare by email to: privacy@aimcare.ai. Notice toAimCare shall be effective upon receipt of notice by AimCare.

‍No Inadvertent Waiver.

‍The failure of AimCare to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AimCare.

‍Severability.

‍If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.

‍Intellectual Property Rights.

‍“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (i) patent rights and utility models,(ii) copyrights and database rights, (iii) trademarks, trade names, domain names and trade dress and the goodwill associated therewith, (iv) trade secrets, (v) mask works, and (vi) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.As between you and us, all right, title, and interest, including allIntellectual Property Rights, in the Site, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by AimCare or its licensors, vendors, and affiliates, as applicable. All rights not expressly granted are reserved by us.Any use of the Site not expressly permitted by these Terms is a breach of theseTerms and may violate copyright, trademark, and other laws.

‍Remedies.

‍Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

‍Contacting AimCare.

‍Please feel free to contact us if you have any questions about these Terms and/or any other documents referenced in these Terms. You may contact us at privacy@aimcare.ai.