Thank you for your interest in Tabula Software Inc. (“Monark” or “we” or “us” or “our”) and our website located at https://www.monarkmed.com (and any successor website thereto) (the “Site”), along with any content, functionality, and other services provided by us through or as described on the Site (collectively and including the Site, our “Service”).

These terms of service are a legally binding contract entered into by and between you and Monark and the terms and conditions of these terms of services, as set forth below, together with any documents they expressly incorporate by reference (collectively, this “Agreement”), govern your access to and use of the Service, whether as a guest or a registered user. Your use of the Service, or by clicking to accept or agree to these terms of service when this option is made available to you, constitutes your consent to these terms of service. If you do not want to agree to these terms of service, you must not access or use the Service.

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT (AMONG OTHER THINGS) PROVIDES IN SECTION 24 (ARBITRATION) THAT YOU AND MONARK WILL ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND THAT YOU WILL NOT BRING CLASS ACTION CLAIMS AGAINST MONARK.

IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE SERVICE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP, OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT.

References to “you” and “your” in this Agreement will refer to both the individual using the Service and to any such Organization.

• We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Service. All changes are effective immediately when we post them and apply to all access and use of the Service thereafter. However, any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.

Your use of the Service following the posting of any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. You are expected to check this page of the Service each time you access the Service. We may, at any time and without liability, modify or discontinue all or part of the Service (including access to the Service via any third party links); charge, modify, or waive any fees required to use the Service; or offer opportunities to some or all Service users. We reserve the right to withdraw or amend any service or material we provide on the Service, in our sole discretion without notice.

• Your submission of information through the Service is governed by our Privacy Policy, located at https://www.monarkmed.com/privacy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Service is and will remain accurate and complete, and that you will maintain and update such information as needed.

• The Service is controlled or operated (or both) from the United States and is not intended to subject Monark to any non-U.S. jurisdiction or law. We make no claims that the Service or any of its content is accessible or appropriate in non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.

In connection with the Service, you must not:

• Post, transmit, or otherwise make available through or in connection with the Service any materials that are or may be: (a) threatening, harassing, degrading, hateful, or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent, or otherwise tortious; (c) obscene, indecent, pornographic, or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner.

• Post, transmit, or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, logic bomb, spyware, or other computer code, file, or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment (each, a “Virus”).

• Use the Service, or any services or materials available through the Service, for any commercial purpose (unless explicitly authorized by us in writing, including pursuant to a separate written agreement with us), or for any purpose that is fraudulent or otherwise tortious or unlawful.

• Transmit, or procure the sending of, any advertising or promotional material without Monark’s prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• Harvest or collect information about users of the Service.

• Attempt to gain unauthorized access to, or interfere with or disrupt the operation of, the Service, or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure, or policy of such servers and networks.

• To engage in any other conduct that restricts or inhibits any other person from using the Service, or which may harm Monark or users of the Service.

• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Service, except as expressly authorized herein, without Monark’s express prior written consent.

• Reverse engineer, decompile, or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law.

• Remove any patent, copyright, trademark, or other proprietary rights notice from the Service or contained in any services or materials available through the Service.

• Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without Monark’s express prior written consent.

• Systematically download and store Service content.

• Use any robot, spider, Service search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather Service content or reproduce or circumvent the navigational structure or presentation of the Service, without Monark’s express prior written consent.

• Through our Service, Monark operates an online marketplace that consolidates information about hair transplants from international providers and is in the business of finding prospective patients and identifying them to such providers for pursuing hair transplant consultation and surgical or related procedures (“Procedures”). To accomplish this, we partner with international providers (“Providers”).

• Monark is not the agent of any Provider and has no authority to execute contracts on any Provider’s behalf or otherwise bind any Provider. The selection of a specific Provider, and the decision of whether to proceed with a Procedure or any other matter relating to the subject matter hereof, is in your sole and absolute discretion.

• Each Provider, and not Monark, determines the prices, terms, and conditions under which the Provider offers or sells any Procedures. Except for Monark’s role in connection with initially introducing you to a Provider and otherwise engaging with Providers to provide and enable the Service, Providers control, and are solely responsible for, all discussions and negotiations regarding any proposed or actual offering or sale of Procedures. Nothing in this Agreement shall obligate Monark to actually engage in any discussions or negotiations between you and a Provider or offer or sell any Procedures or consummate any transaction between you and any Provider.

• Services or products may be made available by Monark or by third parties, and may be made available for any purpose, including general information purposes. The availability through the Site of any third party services or products or any listing, description, or image of a third party service or product does not imply our endorsement of such third party service or product or affiliation with the provider of such third party services or products. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding access to and the use of any services or products. Some services or products may require you to agree to additional terms such as end user terms and conditions included on the portion of the service or product where we make available such service or product, including that you may be required to comply with other instructions and agreements provided on-line when you log in to the Site with respect to any services or products hosted thereon.

• While utilizing the Service, you may encounter certain content, text, data, graphics, images, photographs, video, audio, information, suggestions, articles, scheduling availability, guidance, and other materials provided, made available, or otherwise found through the Service (collectively, “Content”), including, without limitation, Content provided by Monark, Providers, or others (i.e., User Contributions, as described in Section 13 (User Contributions; Feedback; Licenses) in direct response to your questions or postings.

• You acknowledge that although some Content may be provided by healthcare professionals, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided for your convenience only to assist you in choosing a Provider or otherwise be generally informative. Procedures, products, services, and devices discussed and/or marketed through the Service are not applicable to all individuals, patients, or all clinical situations. Any procedures, products, services, or devices represented through the Service by advertisers, sponsors, and other participants of the Service, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome, or success. No party (including Monark) involved in the preparation or publication of such works guarantees that the Content is timely, accurate, or complete. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, DESCRIPTIONS OF PROFESSIONAL QUALIFICATIONS, CERTIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION). IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY ERRORS OR OMISSIONS IN SUCH CONTENT OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE, REFER, OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED IN CONTENT AND/OR ACCESSIBLE THROUGH THE SERVICE.

• Monark is not a healthcare provider. The Service, and the Content that you obtain or receive from Monark, its employees, contractors, partners, sponsors, advertisers, licensors, or otherwise through the Service, are for informational, scheduling, and payment purposes only. All medically related information, including, without limitation, information shared via Monark social channels, Monark emails and phone calls or text messages, and Monark advertising is for informational and communicative purposes only. WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR PATIENT JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT USE THE SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR 911 (OR OTHER LOCAL EMERGENCY NUMBER IF NOT IN THE UNITED STATES). YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, PHARMACY, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.

• Monark is not a referral service and does not refer, recommend, or endorse any particular Provider, test, procedure, opinion, or other information that may appear through the Service. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including the Provider’s office, medical associations relevant to the applicable specialty, your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education.

• PROVIDERS USE THE SERVICE TO SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR HEALTHCARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICE OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICE OR THROUGH ANY OTHER COMMUNICATIONS FROM MONARK INCLUDING, WITHOUT LIMITATION, THE “BROWSE PROVIDERS” FEATURE OF THE SITE (located at https://www.monarkmed.com/providers), MONARK EMAILS, MONARK TEXTS OR LINKS TO OTHER SITES, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE PROVIDER IN ANY FIELD.

• Monark makes no representation or warranty about the Providers or Procedures. Monark (a) does not employ, refer, recommend, or endorse any Providers; (b) does not make any representations or warranties with respect to these Providers, including, but not limited to, the quality of the services they may provide, the creditability or suitability of any Provider introduced to you, or the medical skill, expertise, or other suitability of any Provider with respect to conducting a Procedure; (c) is not responsible for ensuring that information (including credentials) a Provider provides about himself or herself is accurate or up-to-date; and (d) is not responsible for making sure that Providers’ services are actually provided or are up to a certain standard of quality. We do not control the actions of any Providers and Providers are not our employees. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Service whatsoever.

• YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN PROVIDER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE PROVIDER IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES, AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.

• Monark or its designee takes certain limited steps to verify that Providers listed as part of the Service hold those active licenses, certifications, or registrations solely as identified through the Service on the Provider Standards page of the Site located at https://www.monarkmed.com/provider-standards, but Monark does not represent or warrant that such listings are accurate or up-to-date at all times. Monark does not verify that Providers accessed in connection with the Service hold certain active licenses, certifications, or registrations required by law to practice the specialties of the services offered by them.

• While all qualified providers are eligible to use our Service, Monark’s lists of Providers are not exhaustive. Providers choose whether to participate in the Service, what appointment availability, if any, to advertise on their Monark profiles, and may also choose to set prices, availability, and scope of services available to patients. Some Providers listed through the Service enter into contracts with us and may pay us fees in order to be marketed through or to use the Service. If you book an appointment with a Provider through the Service, Monark may receive a commission.

• We may make available the ability to purchase or otherwise obtain certain products or services through the Service (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as payment information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD, BANK ACCOUNT, OR OTHER PAYMENT METHOD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent and warrant that the applicable Service will be used only in a lawful manner.

Monark reserves the right, including without prior notice, to limit the availability of or discontinue making available any and all parts of the Service; to impose conditions on the honoring of any coupon, discount, or similar promotion, if applicable; to bar any user from making any Transaction; and to refuse to provide any user with any and all parts of the Service. Refunds and exchanges will be subject to Monark’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions.

• To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with the Service or otherwise, including through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

• We may reject, or require that you change, any username, password, or other information that you provide to us in registering for an account. Your username and password are for your personal use only and must be kept confidential. You acknowledge that your account is personal to you and agree not to provide any other person with access to all or part of the Service using your username or password. You, and not Monark, are responsible for any use or misuse of your username or password. You agree to promptly notify us of any confidentiality breach or unauthorized use of your username or password, or your Service account. We have the right to disable any username or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

• We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users. You are responsible for both:

• Making all arrangements necessary for you to have access to the Service, including that you are responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other services needed to use the Service.

• Ensuring that all persons who access the Service through your internet connection are aware of this Agreement and comply with it.

The Service may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) information, content, or materials (collectively, “User Contributions”) on or through the Service. Any User Contribution you post to the Service will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you hereby grant to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform, and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use, analyze, and exploit such User Contribution, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

• Your provision of User Contributions through and in connection with the Service are complete and accurate, and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party.

• All of your User Contributions otherwise do and will comply with this Agreement.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and that you, not Monark, have fully responsibility for such User Contribution, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Service. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICE, YOU DO SO AT YOUR OWN RISK.

In addition, if you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Service, or otherwise, such Feedback will be deemed a User Contribution, and you hereby acknowledge and agree that such Feedback is not confidential or proprietary to you, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Monark under any fiduciary or other obligation.

You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each User Contribution that you may have under any applicable law under any legal theory.

We may (but have no obligation to) monitor, evaluate, alter, or remove User Contributions before or after they appear on the Service, or analyze your access to or use of the Service. We may disclose information regarding your access to and use of the Service, and the circumstances surrounding such access and use, to anyone for any reason or purpose, including to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We have the right to:

• Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Service. YOU WAIVE AND HOLD HARMLESS MONARK FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MONARK DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER MONARK OR LAW ENFORCEMENT AUTHORITIES.

• Terminate or suspend your access to all or part of the Service for any or no reason, including any violation of this Agreement.

Subject to your compliance with this Agreement, and solely for so long as you are permitted by Monark to use the Service, you may view one (1) copy of any portion of the Service to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial use and not for further reproduction, publication, or distribution. We and our suppliers own the Service and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), which is protected by intellectual property or other proprietary rights laws. This Agreement permits you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• Our trade names, trademarks, and service marks include MONARK and any associated logos. All trade names, trademarks, service marks, and logos on the Service not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.

• Certain Service functionality may make available access to information, products, services, and other materials made available by third parties, including User Contributions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third Party Materials.

We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in this Agreement will be deemed to be a representation or warranty by Monark with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Service at any time. In addition, the availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF USE/SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).

• You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

• This Service may provide certain social media features that enable you to:

• Link from your own or certain third party websites to certain content on this Service.

• Send emails or other communications with certain content, or links to certain content, on this Service.

• Cause limited portions of content on this Service to be displayed or appear to be displayed on your own or certain third party websites.

• You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Service or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking.

• Link to any part of the Service other than the homepage.

• Otherwise take any action with respect to the materials on this Service that is inconsistent with any other provision of these terms of service.

• The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Rules of Conduct set forth above and such other content standards set out in this Agreement. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

• Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

YOU REPRESENT AND WARRANT TO MONARK THAT: (A) YOU HAVE THE FULL POWER, CAPACITY, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO MAKE THE REPRESENTATIONS AND COVENANTS AND PROVIDE THE WARRANTIES CONTAINED HEREIN; AND (B) YOUR USE OF THE SERVICE SHALL AT ALL TIMES COMPLY WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS.

• Your use of the Service, its content, and any services or items obtained through the Service is at your own risk. THE SERVICE AND ANY PRODUCTS OR SERVICES AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. MONARK DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE AND ANY PRODUCTS OR SERVICES AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH MONARK AND ITS AFFILIATES AND, AS APPLICABLE, THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

Without limiting the foregoing, neither Monark nor anyone associated with Monark guarantees that the Service, or its content or any services or items obtained through the Service, will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, or that the Service or any services or items obtained through the Service will otherwise meet your needs or expectations. In addition, third parties may make unauthorized alterations to the Service. If you become aware of any such alteration, contact us at service@monarkmed.com or via the online form provided on our “Contact us” page on the Site (https://www.monarkmed.com/contact) with a description of such alteration and its location on the Service.

You understand that we do not guarantee that files available for downloading from the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Service for any reconstruction of any lost data.

• MONARK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, OR DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF USER CONTRIBUTIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY USER CONTRIBUTIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, MONARK WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY PROCEDURES, PRODUCTS OR SERVICES, OR THIRD PARTY MATERIALS, MEDICAL MALPRACTICE, OR NEGLIGENCE OF PROVIDERS, INCLUDING ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY PRODUCTS OR SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSERVICE LINKED TO IT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR ANY PRODUCTS OR SERVICES OR THIRD PARTY MATERIALS IS TO STOP USING THE SERVICE. THE MAXIMUM AGGREGATE LIABILITY OF MONARK FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL BE THE GREATER OF: (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO MONARK TO USE THE SERVICE; AND (B) TEN U.S. DOLLARS (USD $10). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH MONARK AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

• ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have certain additional rights.

• Except to the extent prohibited under applicable law, you agree to defend, indemnify, and hold harmless Monark and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to: (a) your use of, or activities in connection with, the Service (including all User Contributions); and (b) any violation or alleged violation of this Agreement by you.

• This Agreement is effective until terminated. Monark may terminate or suspend your use of the Service at any time and without prior notice, for any or no reason, including if Monark believes that you have violated or acted inconsistently with this Agreement. Upon any such termination or suspension, your right to use the Service will immediately cease, and Monark may, without liability to you or any third party, immediately deactivate or delete your username, password, and account, and all associated materials, without any obligation to provide any further access to such materials. The parties hereto acknowledge that many of the terms and conditions of this Agreement are intended to survive any termination of this Agreement, including, but not limited to, Section 21 (Limitation of Liability), Section 22 (Indemnity), and Section 24 (Governing Law; Arbitration). Therefore, in addition to the specific Sections referenced in the immediately preceding sentence, any other terms and conditions that are intended by their nature to survive the termination of this Agreement shall survive such termination regardless of whether such provision is expressly stated as so surviving.

The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of California, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND MONARK, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT MONARK AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at http://www.adr.org/sites/default/files/Consumer_Rules_Web_2.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

• We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Monark does not endorse any of the products or services listed on such website.

• If you have a question or complaint regarding the Service, please send an e-mail to service@monarkmed.com or contact us via the “Contact us” page on the Site, located at https://www.monarkmed.com/contact. You may also contact us by writing to service@monarkmed.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include bank account, credit card, or other payment information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA, 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

• The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Service infringe your copyright, you (or your agent) may send to Monark a written notice by mail, e-mail, or fax, requesting that Monark remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Monark a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices must be sent in writing to Leo Zaroff as follows: By mail to Leo Zaroff, 400 W. 56th St., New York, NY 10019; or by e-mail to leo@monarkmed.com. Leo Zaroff’s phone number is +1 (415)-603-0808.

We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.

• You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not: (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a state sponsor of terrorism; or (b) on any of the U.S. government lists of restricted end users.

• If you provide your phone number to Monark, you agree that Monark may contact you by telephone, SMS, or MMS messages at that phone number to send you information relating to the Service. If you have opted in by providing your phone number, our messaging service provides updates, alerts, and information about the Service (including promotions, specials, and other marketing offers) via text messages through your service provider to the phone number you provided. Message frequency varies. By opting in, you hereby consent to receiving such communications for such purposes.

• Message and data rates from your telephone service provider may apply and are subject to the terms and conditions imposed by your service provider. You may opt out of receiving text messages at any time by adjusting your notification settings in your account or otherwise following the given instructions for doing so. Text the single keyword command STOP to 415-603-0808 to cancel at any time. Upon doing so, you will receive a one-time opt-out confirmation text message. Note that opting out of receiving text messages may impact your use of the Service.

• If you change or deactivate the phone number you provided to Monark, you must update your account information and the phone number associated with your account to prevent us from inadvertently communicating with anyone who acquires any phone number previously attributed to you. You agree to indemnify, defend, and hold us harmless from any third party claims, liabilities, damages, or costs arising from your use of the Service in connection with a phone number that is not your own. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

• This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Monark. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation”. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Monark relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Monark relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Service or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Monark will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

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