Terms of Service

Effective date: September 14, 2026

Please read these Terms of Service carefully (the “Terms” or “Terms of Service”). These Terms govern and apply to your access and use of any website maintained by Lin Health (collectively, the “Website”) and Services, whether on the Internet or through use of a mobile site or mobile application operated or offered by Lin Health, Inc. and its subsidiaries or affiliates, including any associated medical practice (collectively, “Lin Health”). By accessing or using our Website and/or Services, you agree to be bound to all of the terms and conditions described in these Terms. If you do not agree to all of these Terms, do not use our Website or Services.

The Services (as defined below) are intended solely as a tool to assist you in organizing, understanding, managing, accessing and otherwise assessing certain healthcare-related information. The services are for informational purposes only and do not, unless explicitly stated and in limited circumstances, provide health or medical advice or create any patient relationship between Lin Health and you, and the Services are not intended for such purposes. The services are not and should not be considered or otherwise viewed as a replacement for consultation with a healthcare professional. You should never disregard medical advice or delay or otherwise avoid seeking medical advice because of something you saw on the Services or the results you receive through the Services. You should not rely on the services for any condition, especially one that is life-threatening, or any other situation where timely treatment and/or the administration of medications or other services is critical.

Please read these terms carefully as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies and obligations. The agreement to arbitrate requires (with limited exceptions) that you submit any claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against Lin Health on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. Please indicate your acceptance to these terms in accordance with the instructions provided by Lin Health. Indicating acceptance establishes a binding and executed written agreement between you and Lin Health. If you do not accept these terms, you cannot use the service.

The Terms include, and incorporate by reference, Lin Health’s Privacy Policy which you may review at https://www.lin.health/privacy-policy.

These Terms are entered into by and between Lin Health and you and apply to your access to and use of our Services and Website. You may signify your acceptance and agreement to these Terms of Service, including the disclaimers of warranty of Section I and liability limitations of Section J, by checking the "I Agree" box. This Agreement is effective as of the date you check the "I Agree" box. Because of the sensitive nature of medical data, such as the data collected in connection with your use of an Account (as defined below), the use of the Services are governed by these Terms. If you do not agree with these Terms, do not check the "I Agree" box. Please read these Terms carefully before accessing our Website or otherwise using and/or subscribing to our Services. ‍

A. Lin Health Services

Thank you for using the Services provided by Lin Health, which include a digital health coaching and navigation platform, collaborative care models, self-guided models, and similar offerings presented through our Website and platform. All of these offerings are referred to as our “Services” in these Terms.

Unless explicitly stated, through the Services, Lin Health does not provide medical advice, diagnosis, or treatment. You acknowledge and agree that the Service is merely a conduit of information and the provision of healthcare by independent third-party healthcare providers including physicians, physician assistants, nurses, paramedics, emergency care responders, healthcare systems, healthcare facilities, or other providers of healthcare services (collectively, “Healthcare Provider(s)”). You acknowledge and agree that the Healthcare Providers are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed.

Except as otherwise explicitly stated in these Terms, you further acknowledge and agree that Lin Health does not provide or endorse any medical advice on or through the Service and no information obtained through the Services can be construed or used as medical advice. Lin Health will have and exercise absolutely no control, authority, or supervision over the provision of any medical services or other professional health care services. Lin Health will make all reasonable efforts in accordance with applicable laws and agreements to safeguard the integrity and availability of the Services. You acknowledge and agree that, unless explicitly stated otherwise, Lin Health is not responsible for medical services, advice, instructions, diagnoses, treatments, procedures, and other services in connection with using the Services.

Your use of the Services may include some combination of the following based on what components of the Service you sign up for or are referred to use:

1. The Lin Health Platform

Lin Health provides access to a cloud-based, software-as-a-service telehealth platform (the “Platform”) that analyzes data and data sets input by a user, or indirectly through an authorized third party provider ("User Data") to develop and return certain information ("Models") to the user, including, but not limited to, predictors and predictive analysis, coaching opportunities, and recommendations for healthcare related products and services. The Platform also includes access to certain content featured or displayed through the Website, including, but not limited to, text, data, articles, images, photographs, graphics, audio content, audiovisual content, software, applications, designs, features, and other materials or information provided on or entered into or made available through the Platform, including all healthcare related information or recommendations, whether provided by you or other third parties (e.g. a physician accessed through a telemedicine offering), available on the Website and/or a mobile device or otherwise available through the Platform and the look and feel and arrangement thereof (collectively, the "Content"). Unless explicitly stated otherwise, any new features that augment or enhance the Platform, including the release of new tools, Content and resources, shall be subject to this Agreement.

2. Collaborative Care Model

The Collaborative Care Model includes a team based pain recovery program that includes your provider, pain coach, and consulting experts (the “Collaborative Care Model”). The Collaborative Care Model does constitute the provision of medical services through one or more of Lin Health’s associated medical practices. In addition to these Terms, your participation in the Collaborative Care Model will be further explained during your intake process and subject to additional agreements and/or acknowledgments that you sign as part of the intake process. The scope of the Collaborative Care Model will be described by the involved clinicians and subject to limitations and requirements as set forth in any informed consent connected with the Collaborative Care Model.

3. Wellness Services

Wellness services are offered where you can access information and materials on the Platform to be used by you independently and without support, intervention, or other interaction with any medical professional.

As part of receiving any of our services, we may share information from or about you through your use of our services with the clinician(s) that referred you to us. Information will be shared in accordance with our Privacy Policy or, if applicable, our Notice of Privacy Practices. We share the information to help inform the common treatment relationship that your referring clinician(s) and we have with you. If you do not want us to share your information, then you can send us a message by email to support@lin.health telling us not to share your information.

Limitations on the Services. If you are experiencing a medical emergency, you should dial 9-1-1 or your local emergency number immediately. The Website and Service are not appropriate to address emergency or life-threatening medical conditions, and should not be used as such.

B. Account Terms

1. Account Controls

Users. Subject to these Terms, you may create an account to access the Platform and Services using a unique username and the login process established by Lin Health (an “Account” or “User Account”). You retain ultimate administrative control over your User Account and the Content within it.

2. Required Information

A valid email address and phone number and your first and last name are required to complete the signup process. If you opt for a paid Account, additional information will be necessary for billing purposes, including credit card information to cover any fees that you may owe such as the subscription fee to Lin Health or any payment responsibility you have under your insurance coverage, to the extent applicable.

3. Account Requirements

User Accounts on Lin Health’s Services are subject to the following rules:

You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted. One person may not create or maintain more than one Account.
You must be at least 18 years of age (or the age of legal majority where you live) in order to use the Website, establish an Account, or otherwise use the Services for yourself or for a minor under the age of 18 for whom you are legally responsible. If you are under 18 years of age (or the age of legal majority where you live), you may use the Website and Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you will be fully responsible for the acts or omissions of such user in relation to the Website or Services. Lin Health reserves the right to request proof of age at any point so that it can verify that minors are not using the Website or Services without supervision by a parent or legal guardian. If we believe that a minor is using the Website or Services without supervision from a parent or legal guardian, we may block the minor from using the Website or Services.
Your login may only be used by you and should not be shared with any other person.
You may not use the Services in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use the Services if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency.

4. User Account Security

You are responsible for keeping your Account secure while you use our Services.
You are responsible for maintaining the security of your Account. Lin Health cannot and will not be liable for any loss or damage from your failure to keep your account private or prevent any other person from accessing your Account.
You will promptly notify Lin Health by emailing [support@lin.health] if you become aware of any unauthorized use of, or access to, our Services through your Account, including any unauthorized use of your password or Account.

5. Responsibility for Security Devices

You are responsible for the security of your information system(s), including any network and related computer equipment ("Information System(s)"). In the event you are accessing the Website or Services through a mobile device, you are solely responsible for the access and use of such mobile device, and must keep your device access credentials secure at all times.

Links to Third-Party Websites and Opportunities to Purchase Products or Third-Party Services

The Website and Services may contain links to third-party websites for your convenience. While Lin Health uses good faith efforts to evaluate third-party products and services (“Other Products”), Lin Health is not responsible for the content or performance of such third-party websites or the Other Products and does not make any representations or warranties regarding any of the Other Products or any other offering or service from a third party. Use of or reliance on any third party websites and Other Products is at your sole risk.

C. Acceptable Use

You are responsible for making sure that your use of the Service is in compliance with all laws and any applicable regulations. Further, you will not, in connection with your use of the Services or access of the Website:

probe, scan, or test the vulnerability of the Services or Website;
breach or otherwise circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services or Website you are not authorized to access;
interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services or Website;
use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Services in any manner;
access, search, or create accounts for the Services by any means other than those that are provided by Lin Health;
impersonate any other person, including, but not limited to, a registered user of the Services or an employee of Lin Health;
circumvent the scope of your paid subscription, if applicable;
develop any third-party applications that interact with the Services without our prior written consent that we will give or withhold in our sole discretion;
repackage, white label or otherwise sell the Services without express written permission from Lin Health;
build a competitive product or service, or copy any features or functions of the Services;
remove, alter or obscure any proprietary notices in or on the Services or Website including copyright notices;
modify, disclose, alter, translate or create derivative works of the Services or Website (or any components thereof) or cause or permit any person to do any of the foregoing;
duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts of the Services or Website without express written permission from Lin Health; or
otherwise take any action that Lin Health deems to be inconsistent with acceptable business practices or other standards of behavior, in each case as determined by Lin Health in our sole discretion.

Recognizing the global nature of the Internet and the Services, you will comply with all local rules regarding online conduct and acceptable User Data. Specifically, you will comply with all applicable laws regarding the transmission of certain technical data exported from the United States or the country in which you reside.

D. User Data

1. User Responsibility for User Data

You may create or upload data, information, or other materials (“User Data”) while using the Service. You are solely responsible for the content of, and for any harm resulting from, any of your User Data.

2. Access

Lin Health personnel may generally access your User Data in situations such as the following:

With your consent and knowledge;
for support reasons;
when access is required for security reasons, including to maintain ongoing confidentiality, integrity, availability and resilience of Lin Health’s systems and Services; or
as Lin Health determines is necessary to provide the Services to you.

3. Restrictions on Certain User Data

Please see Lin Health’s Privacy Policy with respect to the collection, use, and disclosure of information about you when you visit our Website, use our Services, contact our customer support, or otherwise communicate with us outside the context of seeking medical care. In the Privacy Policy, we also explain our practices related to certain information that is automatically collected when you are logged into your Account.

The Privacy Policy does not govern privacy practices with respect to any individually identifiable health information (also referred to as “Protected Health Information” or “PHI”). PHI may include communications through our Services when you are in the Collaborative Care Model, information about you in connection with the Collaborative Care Model or when we support your other healthcare clinicians, and any other information you choose to share via the Services, such as photos or descriptions of health symptoms, when receiving a service that is payable by your health insurance. Our use of your Protected Health Information will be explained in our Notice of Privacy Practices, where applicable, and will comply with applicable law, including the Health Insurance Portability and Accountability Act of 1996.

4. Liability for User Data

As between you and Lin Health, you are solely responsible for all liabilities ("Your Liabilities") associated with your compliance with Section D above and the use, retention, deletion, display, and sharing of your User Data, including, but not limited to, liabilities associated with (i) User Data that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, (ii) User Data that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, or international law, (iii) User Data that contains any private or personal information of a third party without such third party's consent, and (iv) User Data that is libelous, defamatory, harassing, threatening, objectionable, misleading, invasive of privacy or publicity rights, fraudulent, or otherwise unlawful.

E. Ownership and License

1. Your Ownership and License

As between you and Lin Health, you retain ownership of all intellectual property rights in and to your User Data. You grant Lin Health a non-exclusive, royalty-free, worldwide, perpetual, sub-licensable right and limited license to access, use, copy, reproduce, process, adapt, store, and transmit your User Data (i) to enable your use of the Services, (ii) in order to provide you with requested support; (iii) to improve, enhance, or develop any of the Company’s offerings, including the Service, and for other development, diagnostic and corrective or improvement purposes in connection with the services, product testing, research and development opportunities including, without limitation, research into learning and development practices and corresponding effectiveness, and other Company offerings; (iv) disclose such data solely in aggregate or other de-identified form in connection with our business; and (v) in any manner reasonably determined by Lin Health that is in accordance with applicable law.

2. Our Ownership and License

The Services and Website (including all associated Content) are developed, owned, and operated by Lin Health and are protected by United States patent and copyright laws, trademarks, service marks, and other intellectual property laws. To improve and develop our products and services, we use various forms of machine learning within the Services and monitor the use and performance of the Services ("Diagnostic Information"). Through our analysis of the Diagnostic Information, we develop stronger, deeper, and higher levels of understanding as to how and why users interact with the Services, how various data sets interrelate and/or perform in any number of manners Lin Health determines as relevant in order to learn or otherwise interpret how to develop and improve our Services (collectively, "Learnings"). As between you and Lin Health, we own all intellectual property rights in and to the Services, Website, Content, Feedback (as defined below), Diagnostic Information, and Learnings. We also own all intellectual property rights, including, but not limited to, all copyrights thereto, in and to the Models produced through the input of your User Data. We grant you a non-exclusive, worldwide, non-sublicensable, non-transferable, revocable limited license to access and use the Services and Website solely for your own use and consistent with the level and type of your Account. We also grant you an exclusive (subject to our continuing rights to use and modify such Models), worldwide, non-sublicensable, non-transferable, revocable limited license to use the Models produced through the input of your User Data for your own non-commercial purposes. You agree that any subscription plan for paid Services is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written public comments made by Lin Health with respect to future functionality or features.

3. Feedback

You may submit to us any questions, comments, suggestions, ideas, original, or creative materials and other information (collectively, "Feedback") about Lin Health, the Services, our Website, and any of our products and services. Feedback is non-confidential and shall become the sole property of Lin Health. Lin Health shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose.

F. Payment

1. Pricing

In applicable subscription models, our pricing and payment terms are available within your account or will be presented verbally when enrolling in our services. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change, in our sole discretion, at the end of a payment term.

2. Billing Schedule; No Refunds; Processing and Renewal

Payment Based on Plan. Depending upon the nature of our Services that you are using, the Services are non-refundable, and may be billed in advance, at the time a claim is adjudicated, or otherwise as identified in your account. There will be no refunds or credits for partial periods of use or downgrade refunds. However, the Service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made.

If your Services may be covered by your insurance coverage, then applicable claims are submitted by us to your insurer on a monthly basis after the month in which the Service is provided. Patient co-pay, deductibles, coinsurances, and any other patient cost share are charged at the time the claim is finalized.

Processing and Renewals. If you choose to subscribe to a portion of the Services that requires direct payment by you, then you must provide us with current, complete, accurate, and authorized payment information (e.g. credit card). You represent and warrant that you are authorized to use the designated payment method. You authorize us to (i) charge your payment method for the total amount of your fees (including any applicable taxes and other charges) on a periodic recurring basis in accordance with the terms of your subscription plan, (ii) use a third party to process such payments (e.g. PayPal, Stripe), and (iii) disclose your payment information to such third parties. You must turn off automatic renewals before your subscription renews to avoid being charged the subscription fee for the applicable subsequent subscription period. If you turn off automatic renewals, your subscription will not be renewed after the then-current subscription period expires. You may turn off automatic renewals by canceling in the app menu.You acknowledge that the amount charged may vary in connection with the Services we offer, directly or through third parties, and the corresponding subscription plan you have selected, changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount. To the extent we have not received your payment, in order to bring your account up to date, you authorize us to charge you simultaneously for both past due and current amounts. In the event we are unable to process payment for any amounts owed, we may, subject to applicable law, suspend or terminate your Account at any time following such payment failure.

Third party payment processors are not subcontractors or agents of Lin Health and any disputes between you and a third party processor regarding any payments or lack thereof are between you and the third party payment processor. Lin Health and its third party payment processors are not responsible for the transmission or processing of any payments you make pursuant to your use of the Services. Your use of the payment services provided by our third party payment processors may be subject to additional terms and conditions made available to you by such payment processors.

3. Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Services. By using the Services, you agree to pay Lin Health any charge incurred in connection with your use of the Services. If you dispute any payment that is owed to us, contact Lin Health Support at [support@lin.health].

G. Cancellation and Termination

1. Account Cancellation

It is your responsibility to cancel your Account with Lin Health if you no longer wish to use the Services. You can cancel your Account at any time by sending us an email to [support@lin.health] with “Cancellation” as the subject line. We are not able to cancel Accounts in response to phone requests. Unless otherwise provided for in the app menu of your Account, canceling your Account does not alter your pre-existing obligations to Lin Health including, without limitation, any payment obligations for your current subscription period.

2. Impact of Account Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, enforce our agreements, and as otherwise set forth in these Terms or the Privacy Policy.

3. Suspension or Termination

Lin Health reserves the right to suspend or terminate your access to all or any part of the Services or Website at any time, with or without cause, with or without notice, effective immediately. Lin Health reserves the right to refuse service to anyone for any reason at any time.

4. Survival

All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

H. Communications with Lin Health

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Services; (2) consent to receive communications from us by text message or SMS if you submitted your cellphone number to us; and (3) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

If you provide your cellphone number, as stated above, you consent to receive text messages from Lin Health, which may include messages sent on behalf of your healthcare team or your healthcare team’s organization, depending on the specific Service you are receiving. You may choose not to receive text messages even if you previously provided your cellphone number, but opting out of text messages may impact the Services. Text and data rates from your mobile carrier may apply when you agree to receive text messages and you should check your mobile plan or with your carrier to confirm the rates if you have any questions. If necessary, we might share your cellphone number with a third party service solely to enable the sending of the text message. We will not share your cellphone number with a third party for marketing purposes without getting your consent first. If you no longer want to receive text messages, you can text STOP in response to any message or email us at support@lin.health with a request to no longer receive text messages.

2. Legal Notice to Lin Health Must Be in Writing

Communications made through email or Lin Health Support’s messaging system will constitute legal notice to Lin Health. You may, at your option, send a copy of the notice to Lin Health at:

Lin Health, Inc.

Attention: Legal

3513 Brighton Blvd. Suite 457 Denver CO 80216-3810

3. No Phone Support

Lin Health only offers support via email, in-service communications, and electronic messages. We do not offer telephone support.

I. Disclaimer of Warranties

Lin Health makes no warranties, express or implied, guarantees, or conditions with respect to your use of the Services. We provide the Website and the Services on an "as is" basis "with all faults" and "as available," without warranty of any kind. In addition, to the extent permitted under local law, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Services including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, LIN HEALTH HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, COMPATIBILITY, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, LIN HEALTH EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICES (OR ANY PART OF THE SERVICES) IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY YOU FOR ANY PURPOSE WHATSOEVER.

J. Limitation of Liability

You understand and agree that, to the extent not limited by law, in no event will Lin Health be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, punitive, consequential or exemplary damages, however arising, under any theory of liability, including, without limitation, contract, tort, warranty, negligence or otherwise that result from:

your use or inability to use the Services;
any modification, price change, suspension or discontinuance of the Services;
the Services generally or the software or systems that make the Services available;
unauthorized access to or alterations of your transmissions or data; or
any other matter relating to the Services.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in these Terms is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

The maximum aggregate liability of Lin Health, and your exclusive remedy for any claims arising out of or related to these Terms, will be limited to the greater of: (a) the amount you actually paid to Lin Health for the Services in the past three (3) months; or (b) one hundred dollars ($100.00). Multiple claims will not expand these limitations. This Section will be given full effect even if any remedy specified in these Terms is deemed to have failed its essential purpose. You agree to the allocation of liability set forth in this Section and acknowledge that without your agreement to these limitations, the fees charged to you for the Services would be higher. You agree that this Section represents a reasonable allocation of risk.

K. Confidentiality

During your use of the Services, you or Lin Health (the "Disclosing Party") may share information with the other party (the "Receiving Party") that is confidential, sensitive, or should be kept secret ("Confidential Information"). Our Confidential Information includes, but is not limited to, our product roadmaps, product designs and architecture, technology and technical information, security audit reviews, business and marketing plans, financials, and business processes. Your Confidential Information includes, but is not limited to, your login credentials, User Data, and credit card information. A Disclosing Party's Confidential Information also includes any documents that are labeled "confidential" (or a similar marking), or other information (either in writing or verbal) that a reasonable person should understand is confidential. Confidential Information does not include information that (a) the Receiving Party already knew at the time it was disclosed to it; (b) was disclosed to the Receiving Party by a third party who had the right to disclose such information; (c) is generally available to the public; or (d) was independently developed by the Receiving Party without using any of the Disclosing Party's Confidential Information. The Receiving Party will maintain in confidence and not disclose to any third party the Disclosing Party's Confidential Information during the term of these Terms and for a ten-year period commencing upon the effective date of termination of these Terms and will not use such Confidential Information except as expressly permitted in these Terms. Further, the Receiving Party will treat the Disclosing Party’s Confidential Information with the same degree of care that the Receiving Party treats its own Confidential Information.

L. Indemnification

Indemnity. You will indemnify and hold harmless Lin Health, its employees, officers, directors, affiliates, agents, contractors, successors, and assigns against any and all third party liability (including damages, recoveries, deficiencies, interest, penalties and legal fees), directly or indirectly arising from or in connection with: (i) Your Liabilities; (ii) your User Data; (iii) your breach of any of your obligations, representations or warranties under these Terms; or (iv) use of the Services (or any part of the Services) by you in combination with any third party software, application or service. You will fully cooperate with Lin Health in the defense of any claim pursuant to the indemnification obligations under these Terms.

M. Changes to These Terms

We reserve the right, in our sole discretion, to amend or modify these Terms at any time and will update these Terms in the event of any such amendments. We will notify users of material changes to these Terms, such as price changes, at least 30 days prior to the change taking effect by posting a notice on the Website or in the Services. For non-material modifications, your continued use of the Website and/or Services constitutes agreement to our revisions of these Terms.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or the Services (or any part of either the Website or the Services) with or without notice.

N. Miscellaneous

1. Non-Assignability

Lin Health may assign or delegate these Terms to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms and any unauthorized assignment and delegation by you is void.

2. Severability, No Waiver, and Survival

If any part of these Terms is held invalid or unenforceable, that portion of these Terms will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Lin Health to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.

3. Complete Agreement

These Terms, along with all incorporated documents as well as any member agreements, represent the complete and exclusive statement of the agreement between you and us and govern your use of the Services and the Website, superseding any prior agreements between you and us with respect to the Services or the Website. You may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms supersede any proposal or prior agreement oral or written, and any other communications between you and Lin Health relating to the subject matter of these Terms including any confidentiality or nondisclosure agreements.

4. Signing Agreements

Whenever it is necessary for you to sign an agreement with us, that agreement can be signed in one or more counterparts, each of which will be an original, but taken together will constitute one and the same agreement. Agreements can be signed and delivered by electronic means, physically, if we make that option available, or any other transmission method that may be available.. Any electronic signature complying with the U.S. federal ESIGN Act of 2000 or other applicable law will be acceptable and fully enforceable.

5. Governing Law; Venue; Arbitration

Certain violations of these Terms, as determined by us, may require immediate termination of your access to the Website or Services without prior notice to you. The Federal Arbitration Act, Delaware state law, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described below, any disputes relating to these Terms or this Website will be governed under the laws of the State of Delaware and you and Lin Health agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Denver, Colorado.

Dispute Resolution and Arbitration; Class Action Waiver

Please Read This Provision Carefully. It Affects Your Legal Rights.

This Dispute Resolution, Arbitration, and Class Action Waiver provision (“Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us. In this Provision, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third party vendors) relating to these Terms, the Website or the Services, whenever you also assert claims against us in the same proceeding.

This Provision provides that all disputes between you and us will be resolved by binding arbitration. Acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or a jury. To be clear, there is no judge or jury in arbitration and judicial review of an arbitration award is limited. The arbitrator must follow this Provision and can award the same damages and relief (including attorney’s fees) that a court is permitted to award. You may, however, opt-out of this Provision. If done, you would have the right or the opportunity to bring claims in court, before a judge or a jury, or to participate in or to be represented in a case filed in court by others (including class actions). Both you and Lin Health agree that, except as provided below, any and all disputes, as defined above, whether presently in existence or based on acts or omissions in the past or in the future, will be resolved exclusively and finally by binding arbitration, rather than in court, in accordance with this provision.

Pre-Arbitration Claim Resolution

For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the dispute which is done by emailing the following information to support@lin.health: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt-Out

Notwithstanding the above, you or we may choose to pursue a dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in small claims court; or (b) You opt-out of these arbitration procedures within thirty (30) days from the date that you first consent to these terms (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing the following information to support@lin.health: (1) your name; (2) your address; (3) a clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take your decision personally. In fact, we promise that your decision to opt-out of this Provision will have no adverse effect on your relationship with us. But we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision. For arbitration before AAA, for disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.

Because the Website, the Services, and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or we may initiate arbitration in any jurisdiction where we are registered or maintain an office.

Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. However, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver

You understand and agree that by accepting this Provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the dispute will be decided by a court.

Continuation

This Provision shall survive your discontinued use of the Website and the Service. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any change to this Provision (other than a change to our notice address), you may reject any such change and require us to adhere to the present language in this Provision if a dispute between us arises.

Language

The parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.

General

We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will tell you. We will even provide you with recommended necessary corrective action(s) because we value this relationship.

Questions

Questions about the Terms of Service? Contact us at support@lin.health