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Premiere Weight Loss + Wellness Privacy Policy

Premiere Weight Loss + Wellness Privacy Policy Updated:  December 1, 2023 The security of your Personal Information is important to us. This website has certain security measures in place to protect against loss, misuse and alteration of the information under our control. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security, you can contact us at What information do we collect? Premiere Weight Loss and Wellness, LLC (“Premiere”, “We”, “us” of “our”), through this website, collect information from you when you register on our site, access or use any sites, webpages or apps operated by any us, place an order, subscribe to our newsletter, respond to a survey or fill out a form (all of which are referred to individually and collectively in this Privacy Policy as the use of our site). When ordering or registering on our site, as appropriate, you may be asked to enter your: name, other personally identifiable information about you, e-mail address, mailing address, phone number or credit card information, and in some cases, your health information. What do we use your information for? Any of the information we collect from you may be used in one of the following ways: •To personalize your experience with Premiere - Your information helps us to better respond to your individual needs; •To improve our website - We continually strive to improve our website offerings based on the information and feedback we receive from you; •To improve customer service - Your information helps us to more effectively respond to your customer service requests and support needs; •To process transactions - Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested. But, we do use any of your information within Premiere in delivering service and products to you. You consent to the sharing of information between us and our trusted third parties; •To administer a contest, promotion, survey or other site feature; •To send periodic emails - The email address you provide for order processing will only be used to send you information and updates pertaining to your order; •To allow you to participate in surveys, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which may contain additional information about how personal information is used and shared; •To provide customer/patient data for purposes of ensuring continuity of and quality of customer experience and service offerings; •To consolidate your information at one online location; understand what product or service may be of interest to you; and present you with offers; •To assist in verifying your identity and account status. We may combine this information with information we already have; •For any business purposes, including data analysis, audits, developing and improving products and services, enhancing our sites, identifying usage trends and determining the effectiveness of promotional campaigns; •For risk control, for fraud detection and prevention, to comply with laws and regulations, and to comply with other legal process and law enforcement requirements; •If you become a customer of Premiere, to compile medical records in our EMR program, and share those medical records with us, our affiliates, and trusted third parties in connection with the delivery of products and services, scheduling, and the like; and Opt-in: Google, as a third party vendor, uses or may use cookies to serve ads on your site. Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy. (Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.) Cookies and Other Tracking Technologies: Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. Embedded Scripts: An embedded script is programming code that is designed to collect information about a user’s interactions with the Website, Mobile App, and Services, such as the links the User clicks on. The code is temporarily downloaded onto the User’s Device from the Premiere web server and/or Mobile App or a third-party service provider is active only while User is connected to the website and/or mobile app, and is deactivated or deleted thereafter. Using pixel tags, web beacons, clear GIFs or other technologies: These may be used in connection with some Site pages, downloadable mobile applications and HTML-formatted email messages to measure the effectiveness of our communications, the success of our marketing campaigns, compile statistics about usage and response rates, and to assist us in resolving account holders’ questions regarding use of our Site. Logs. We gather certain information and store it in log files when you interact with our Service. This information includes internet protocol (IP) addresses as well as browser type, internet service provider, URLs of referring/exit pages, operating system, date/time stamp, information you search for, locale and language preferences, identification numbers associated with your devices, your mobile carrier, and system configuration information. Occasionally, we connect personal information to information gathered in our log files as necessary to improve our Service. In such a case, we would treat the combined information in accordance with this Policy. IP Address: Your IP Address is a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever a user visits the Site, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the internet and is done automatically by many web sites. We use IP Addresses for purposes such as calculating site usage levels, helping diagnose server problems, for compliance and security purposes and administering our sites. Aggregated and De-identified Data: Aggregated and De-identified Data is data that we may create or compile from various sources, including but not limited to accounts and transactions. This information, which does not identify individual account holders, is used for our business purposes, which may include offering products or services, research, marketing or analyzing market trends, and other purposes consistent with applicable laws. Do we disclose any information to outside parties? We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. But, we do share personally identifiable information trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. These trusted third parties are not considered outside parties. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect others or ours rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. Third party links Occasionally, at our discretion, we may include or offer third party products or services on our website with which we have no affiliation, and do not necessarily mean that we are endorsing the service, or quality or accuracy of any information pertained on the site. These third party sites have separate and independent privacy policies and not subject to this privacy policy. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. Mobile No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. Advertising on third party sites: We reserve the right to contract with advertising companies to advertise our products and services on websites and mobile apps not affiliated with us. We may use Aggregated and De-identified Data and information provided by you to these third party websites to select which of our advertisements or offers may appeal to you, display them to you and monitor your responses. Third Party websites are not subject to our Privacy Notices. Please visit the individual websites for additional information on their data and privacy practices and opt-out policies. Important Reminder In order for opt-outs from our Sites and other sites to work on your device, your browser must be set to accept cookies. If you delete cookies, buy a new device, access our Site or other sites from a different device, login under a different screen name, or change web browsers, you will need to opt-out again. If your browser has scripting disabled, you do not need to opt- out, as relationship based or online behavioral advertising technology does not work when scripting is disabled. Please check your browser's security settings to validate whether scripting is active or disabled. Linking to other sites: We may provide links to third party websites. If you follow links to websites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions, as they may be different from those of our Sites. We do not guarantee and are not responsible for the privacy or security of these websites, including the accuracy, completeness, or reliability of their information. Social media sites: We may provide experiences on social media platforms including, but not limited to, Facebook®, Twitter®, YouTube® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post on official Premiere managed social media pages, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those respective platforms. Please refer to them to better understand your rights and obligations with regard to such content. In addition, please note that when visiting any official social media pages, you are also subject to the Terms and Conditions and any Privacy Notices we may publish to you or on our site. California Online Privacy Protection Act Compliance Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent. We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older. YOUR PRIVACY RIGHTS You may have certain rights with respect to your Personal Information under federal or state law. For example, you may have the right to ask us to provide you with additional information about how, when, and why we process your Personal Information. In some cases, you may request that we amend or correct your Personal Information, if it is inaccurate. You may also request that we delete Personal Information we have about you. However, due to certain legal requirements, we may be unable to delete some types of Personal Information about you, especially if it is related to a treatment you received or a transaction with us. If you would like to stop receiving communications from us, you may opt-out of marketing related communications as well. Note that in order to complete some requests, we may need to verify your identity. We do this to protect your privacy and because it is required by law. Other Information: This Privacy Policy also covers information we gather from you offline. However, Off-line gathered information may be subject to additional policies and procedures we publish for you at the time we gather that Off-Line information, and which we may change from time to time by providing notice to you. By use of this our site, you also agree to our additional policies and procedures relating to health care related personally identifiable information. Our additional policy for that information can be found at Protected Health Information. Terms and Conditions Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website: Terms of Use Agreement Your Consent By using our site, you consent to our Terms of Use Agreement. Changes to our Privacy Policy We may update our Privacy Policy from time to time. If we do so, we will notify you of the changes by posting the updated Privacy Policy on this page. Changes to the Privacy Policy are effective once posted. Contacting Us If there are any questions regarding this privacy policy you may contact us at by email at or by using the Contact Us link on our website.

Premiere Weight Loss + Wellness Protected Health Information (PHI)

PROTECTED HEALTH INFORMATION (PHI) Updated: December 1, 2023 THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.PLEASE REVIEW IT CAREFULLY. THIS NOTICE IS EFFECTIVE ON DECEMBER 1, 2023. This Notice describes the privacy policies of Premiere Weight Loss and Wellness, LLC (“Premiere”), and applies to the physicians, health care professionals, employees, staff and other personnel who provide services at Premiere. The people and organizations to which this notice applies (referred to as "we," "our," and "us") have agreed to abide by the terms of this notice. We may share your information with each other for purposes of treatment, and as necessary for payment and operations activities as described below. This notice applies to any information in our possession that would allow someone to identify you and learn something about your health. It is intended to describe the policies that protect medical information relating to your past, present and future medical conditions, health care treatment and payment for that treatment (called "Protected Health Information" or "PHI"). It does not apply to information that could not reasonably be used to identify you. By clicking on the "I Agree" button below, you agree, that all medical records and related information gathered in connection with weight loss services provided to you by Premiere will be owned by Premiere. In connection with the foregoing, our policies regarding the disclosure, use and protection of your PHI are as follows. OUR LEGAL DUTIES •We are required by law to maintain the privacy of your health information. •We are required to provide this notice of our privacy practices to anyone who asks for it. •We are required to abide by the terms of this notice until we officially adopt a new notice. HOW WE MAY USE OR DISCLOSE YOUR HEALTH INFORMATION. We may use your PHI, or disclose your PHI to others, for a number of different reasons. This notice describes the categories of reasons for using or disclosing your information. For each category, we have provided a brief explanation, and in many cases have provided examples. The examples given do not include all of the specific ways we may use or disclose your PHI. However, any time we use or disclose your PHI, it will be for one of the categories of listed below. Treatment. We will use your health information to provide you with medical care and services. This means that our employees and staff and others who work under our direct control may read your health information to learn about your medical condition and use it to make decisions about your care. For instance, a medical assistant may read your medical chart in order to care for you properly. We will also give your information to others who need it in order to provide you with medical treatment or services. For instance, we may send your doctor the results of laboratory tests we perform. Payment. We will use your health information, and disclose it to others, as necessary to obtain payment for the services we provide to you. For instance, an employee in our business office may use your health information to prepare a bill. And we may send that bill, and any health information it contains, to your insurance company. We may also disclose some of your health information to companies with whom we contract for payment-related services. We may give information about you to a health plan that pays for your benefits. We will not use or disclose more information for payment purposes than is necessary. Health Care Operations. We may use your health information for activities that are necessary to operate this organization. This includes reading your health information to review the performance of our Staff. We may also use your information and the information of other patients to plan what services we need to provide, expand, or reduce. For example, we may disclose your health information to a company that assists us with quality assurance. We may disclose your health information as necessary to others who we contract with to provide administrative services. This includes our lawyers, auditors, accreditation services, and consultants, for instance. To Subconstractor Business Associates. Premiere may hire third party subcontractors that may need your PHI to perform certain services on behalf of Premiere. These third parties are "Business Associates" of Preimere. Business Associates must protect any PHI they receive from, or create and maintain on behalf of, Premiere. Family and Friends. We may disclose your health information to a member of your family or to someone else who is involved in your medical care or payment for care. We may notify family or friends if you are in the hospital, and tell them your general condition. In the event of a disaster, we may provide information about you to a disaster relief organization so they can notify your family of your condition and location. We will not disclose your information to family or friends if you object. We may also disclose to your personal representatives who have authority to act on your behalf (for example, to parents of minors or to someone with a power of attorney). Public Health Oversight. We may disclose your health information to a public health oversight agency for oversight activities authorized by law. This includes uses or disclosures in civil, administrative or criminal investigations; licensure or disciplinary actions; inspections; and other activities necessary for appropriate oversight of government programs. To Report Abuse. We may disclose your health information when the information relates to a victim of abuse, neglect or domestic violence. We will make this report only in accordance with laws that require or allow such reporting, or with your permission. Legal Requirement to Disclose Information. We will disclose your information when we are required by law to do so. This includes reporting information to government agencies that have the legal responsibility to monitor the health care system. For instance, we may be required to disclose your health information, and the information of others, if we are audited by Medicare or Medicaid. Law Enforcement. We may disclose your health information for law enforcement purposes. This includes providing information to help locate a suspect, fugitive, material witness or missing person, or in connection with suspected criminal activity. We must also disclose your health information to a federal agency investigating our compliance with federal privacy regulations. For Lawsuits and Disputes. We may disclose PHI in response to an order of a court or administrative agency, but only to the extent expressly authorized in the order. We may also disclose PHI in response to a subpoena, a lawsuit discovery request, or other lawful process, but only if we have received adequate assurances that the information to be disclosed will be protected. Specialized Purposes. We may disclose your health information for a number of other specialized purposes. We will only disclose as much information as is necessary for the purpose. For instance, we may disclose your information to coroners, medical examiners and funeral directors; to organ procurement organizations (for organ, eye, or tissue donation); or for national security and intelligence purposes. We may disclose the health information of members of the armed forces as authorized by military command authorities. We also may disclose health information about an inmate to a correctional institution or to law enforcement officials to provide the inmate with health care, to protect the health and safety of the inmate and others, and for the safety, administration, and maintenance of the correctional institution. We may also disclose your health information to your employer for purposes of workers' compensation and work site safety laws (OSHA, for instance). We may disclose PHI to organizations engaged in emergency and disaster relief efforts. To Avert a Serious Threat. We may disclose your health information if we decide that the disclosure is necessary to prevent serious harm to the public or to an individual. The disclosure will only be made to someone who is able to prevent or reduce the threat. Research. We may disclose your health information in connection with medical research projects if allowed under federal and state laws and rules. Premiere may disclose PHI for use in a limited data set for purposes of research, public health or health care operations, but only if a data use agreement has been signed. Information to Patients. We may use your health information to provide you with additional information. This may include sending you appointment reminders. This may also include giving you information about treatment options or other health-related services that we provide. YOUR RIGHTS Authorization. We will ask for your written authorization if we plan to use or disclose your health information for reasons not covered in this notice, including but not limited to uses and disclosures relating to psychotherapy notes, marketing activities, and any sale of your PHI. If you authorize us to use or disclose your health information, you have the right to revoke the authorization at any time. If you want to revoke an authorization, send a written notice to the Privacy Official listed at the end of this notice. You may not revoke an authorization to the extent that we have already given out your information or taken other action in reliance on the authorization. If the authorization is to permit disclosure of your information to an insurance company, as a condition of obtaining coverage, other laws may allow the insurer to continue to use your information to contest claims or your coverage, even after you have revoked the authorization. Request Restrictions. You have the right to ask us to restrict how we use or disclose your health information. You must make this request in writing. We will consider your request, but we are not required to agree. If we do agree, we will comply with the request unless the information is needed to provide you with emergency treatment. We cannot agree to restrict disclosures that are required by law. Right to Request Restrictions for Self-Pay Procedures. You have a right to request that we not disclose PHI to health plans because you paid for services or items out of pocket and in full. However, you should be aware that if you choose to use a medical expense reimbursement/flexible spending account (FSA) or a health savings account (HSA) to pay for the health care items or services that you wish to have restricted, those plans will still require you to provide the necessary substantiation of the expenses in order to receive reimbursement. Confidential Communication. You have the right to request that we communicate with you about health matters in a certain way or at a certain location. For example, you may ask that we contact you only at home or only by mail. If you want us to communicate with you in a special way, you will need to give us details about how to contact you, including a valid alternative address. You also will need to give us information as to how payment will be handled. We may ask you to explain how disclosure of all or part of your health information could put you in danger. We will honor reasonable requests. However, if we are unable to contact you using the requested ways or locations, we may contact you using any information we have. Access to and Copies of Health Information. You have a right to access certain PHI that we have in our records, which is limited to the medical and billing records, and any other information about you that is used in whole or part to make decisions about you (the "Designated Record Set"). To the extent PHI in your Designated Record Set is maintained electronically, you have a right to request an electronic copy of those records. We may charge a reasonable, cost-based fee for copying, mailing, and transmitting the records, and the cost of any specific media you request, to the extent allowed by state and federal law. To ask to inspect your records, or to receive a copy, send a written request to the Privacy Official listed at the end of this notice. Your request should specifically list the information you want copied. We will respond to your request within a reasonable time, but generally no later than 30 days. If we cannot respond to your request within 30 days, an additional 30 days is allowed if we provide you with a written statement of the reason(s) for the delay and the date by which access will be provided. We may deny you access to certain information, such as if we believe it may endanger you or someone else, in which case we will also explain how you may appeal the decision. Amend Health Information. You have the right to request us to amend health information about you in your Designated Record Set which you believe is not correct, or not complete. You must make this request in writing, and give us the reason you believe the information is not correct or complete. We will respond to your request in writing within 30 days. We may deny your request if we did not create the information, if it is not part of the records we use to make decisions about you, the information is something you would not be permitted to inspect or copy, or if it is complete and accurate. Accounting of Disclosures. You have a right to receive an accounting of certain disclosures of your PHI to others. This accounting will list the times we have given your health information to others. The list will include dates of the disclosures, the names of the people or organizations to whom the information was disclosed, a description of the information, and the reason. We will provide the first list of disclosures you request at no charge. We may charge you for any additional lists you request during the following 12 months. You must request this list in writing. You must tell us the time period you want the list to cover, which may not exceed the most recent six years. Disclosures for the following reasons will not be included on the list: disclosures for treatment, payment, or health care operations; disclosures incident to a permitted use or disclosure; disclosures as part of a limited data set; disclosures to your family members, other relatives, or friends who are involved in your care or who otherwise need to be notified of your location, general condition, or death; disclosures for national security purposes; certain disclosures to correctional or law enforcement personnel; disclosures that you have authorized; and disclosures made directly to you or your representatives. Right to Notification of Breach of Unsecured PHI.We will comply with the requirements of HIPAA and its implementing regulations to provide notification to affected individuals, HHS, and the media (when required) if we or a business associate discover a breach of unsecured PHI. State Rights More Stringent Than HIPAA. In certain instances, protections afforded under applicable state law may be more stringent than those provided by HIPAA and are therefore not preempted.For instance, certain records pertaining to substance abuse records are subject to more stringent protections pursuant to Section 397.501(7) F.S., and certain mental health records are protected under Section 394.4615(2) F.S. Disclosures of such records (i.e., if subpoenaed) typically require consent of the patient or a court order. Paper Copy of this Privacy Notice. You have a right to receive a paper copy of this notice. If you have received this notice electronically, you may receive a paper copy by contacting the privacy official listed at the end of this notice. Complaints. You have a right to complain if you think your privacy has been violated. We encourage you to contact our Privacy Official if you have a complaint, or question how your PHI is being used or disclosed. You may also file a complaint with the Secretary of the Department of Health and Human Services. We will not retaliate against you for filing a complaint. OUR RIGHT TO CHANGE THIS NOTICE. We reserve the right to change our privacy practices, as described in this notice, at any time. We reserve the right to apply these changes to any health information which we already have, as well as to health information we receive in the future. Before we make any change in the privacy practices described in this notice, we will write a new notice that includes the change. We will post the new notice in our office, and make copies available upon request. The new notice will include an effective date. A copy of the latest version of this notice will also be maintained on our website. CONTACT THE PRIVACY OFFICER FOR MORE INFORMATION If you have any questions regarding this Notice or if you wish to exercise any of your rights described in this Notice, you may contact the Privacy Official at: HIPAA PRIVACY OFFICIAL PREMIERE WEIGHT LOSS AND WELLNESS, LLC 4701 MANATEE AVENUE WEST BRADENTON, FL 34209

Premiere Weight Loss + Wellness Terms of Use

TERMS OF USE Updated: December 1, 2023 IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY. THESE ARE THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE WWW.PREMIEREWEIGHTLOSSCLINICS.COM WEBSITE(S) AND OUR SERVICES. Welcome to the Premiere Weight Loss and Wellness, LLC website(s) available at and under and/or under other uniform resource locator(s) and the related or linked portals, information management systems, intranets, password protected information systems, email or wireless websites (collectively, the “Sites”) — developed, hosted, maintained or operated by Premiere Weight Loss and Wellness, LLC. (“Premiere”, “we,” “us,” or “our”) or our designees. This Terms of Service Agreement (this “Agreement”) sets forth the terms and conditions governing your use of the Sites and your access to and use of the webpage, sub-pages, URLs, links, trademarks, tradenames, trade dress, slogans, logos, copyrights, information, other content, wireless services, portals, email functionalities, operating systems, and electronic communications or data management systems and services offered on or through the Sites (which, collectively with the Sites, constitute the “Services”).” By accessing or using the Sites or any of the Services, you accept and agree to be legally bound by this Agreement, as it may be amended or supplemented from time-to-time by us (as further described below), and agree to all of our operating rules and/or policies and the Services that may be approved by us and published by us on the Sites. All these rules and policies are incorporated into this Agreement by this reference. We have other operating rules and relating to the Sites and the Services generally. Further, certain areas of the Sites, including, without limitation, product or service ordering services may require registration and/or be subject to additional terms and conditions of use; and we will provide you with notice of such additional terms and conditions on registration. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS THE SITES OR USE THE SERVICES IN ANY MANNER. 1.We Reserve the Right to Revise this Agreement. We reserve the right, at any time and from time-to-time, to update, revise, supplement and to otherwise modify this Agreement, and to impose new or additional rules, policies, terms or conditions on your use of the Services. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement upon our publishing them on the Sites, which may be given by any means we designate, including by our posting to the Sites. Your continued use of any of the Sites following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms. All Additional Terms are incorporated into this Agreement by this reference. 2.We May Revise or Terminate Any Part of the Services at Any Time. We reserve the right, at any time and from time-to-time, to modify or discontinue, temporarily or permanently, the Sites or the Services, with or without notice to you. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that we will not be liable to you for any modification, general suspension or discontinuance of any Sites or the Services. We may refuse or restrict anyone from access to any or all of the Sites or the Services at any time. 3.Acceptable Use of the Services. In order to use the Sites or the Services, you must obtain access to the World Wide Web (or such technology we may designate) directly or through devices that access content and pay any and all service fees, if any, associated with such access: we are not responsible for such fees or costs. 1.Individual Use. Except as provided in (b) below, you agree that you are only authorized to visit, view and to retain a single copy of pages of this Site solely for your own individual, non-commercial use, and that you shall not duplicate, download, publish, modify or otherwise distribute any material on this Site for any purpose other than for your own individual use unless otherwise specifically authorized by us. We post “Legal Notices” and various credits on pages of the Sites, which may not be removed even in your permitted copy. Your use of the Sites is subject to our Legal Notices and you must not remove these Legal Notices or credits, or any additional information contained along with the Legal Notices and credits. 2.Commercial Use. If you wish to link, publish, frame, refer to or provide information about the Sites, our Marks (defined below), copyrighted materials or any Services on any website, web page, email address or the like operated by you or your affiliates, or any companies, partnerships, limited liability partnerships or any other legal entity which you have an ownership or investment interest in (also collectively referred to as “you”), you must first obtain our prior written permission to do so and enter into an agreement with us on terms designated by us. Contact us if you seek to obtain our permission to access this Site for commercial purposes. By “commercial purposes,” we mean your engaging in the marketing, lease or sale of any products or services of any kind whatsoever. If you wish to use the Sites for any commercial purpose, you must contact us and obtain our prior written permission to do so. 3.Deep Links. You shall not “deep-link” to this Site, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of the Sites for any purpose, unless specifically authorized in writing by us to do so. You must not create any links from your website to any website which bears the Marks or our copyrighted materials or which offer products or services sales, or offer any of the products or services that are the same as or similar to the products or services that Preimere offers or similar services without our express written consent. If you wish to deep link or any link to the Sites for any reason, you must contact us and obtain our prior written approval for such deep links or other links. 4.Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the Services. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Services, overloading, “flooding,” “mailbombing” or “crashing” the Services. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including email and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. You agree that it is your responsibility, and not ours, to obtain and use third party software products that support encryption and other security protocols compatible with such protocols (if any) that may be used by us from time to time in connection with the Services. 5.Spidering. THE USE OF ANY TOOLS, PROGRAMS, ROBOTIC ALGORITHMS OR PRODUCTS TO AUTOMATICALLY DOWNLOAD OR “SPIDER” THE SITES OR ANY OF THE PAGES OF THE SITES INFRINGES ON OUR COPYRIGHTS. DO NOT USE ANY SUCH TOOLS OR PRODUCTS ON OR IN CONNECTION WITH THE SERVICES! 6.Termination. We may and will terminate your service immediately, if we believe that your conduct fails to conform with this Agreement. Without limiting our rights and your limitations under this Agreement, if you use, or attempt to use the Services or Marks or our copyrighted materials for any purposes other than its intended purposes (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services), you may also be subject to civil and criminal liability. 7.You Are Responsible For All of Your Activities and All of The Content You Post. You represent and warrant that any information you post or provide to us by means of the Sites, including, without limitation, as part of any registration or application or to gain access to any Services, is truthful, accurate, not misleading and offered in good faith. Any information disclosed to you via the Services including, without limitation, any content in the personalized areas of the Sites, may be used only for its intended purpose. We expect that you will exercise caution, good sense and proper judgment in using the Services. You agree NOT to use the Services for or in connection with any of the following activities: 1.Spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of our personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging any TCP/IP packet header or any part of the header information in any email or other posting; 2.Any fraudulent or illegal purpose; 3.Emailing, uploading, or otherwise transmitting or using the Services in furtherance of the use or distribution of any unlawful, harmful, harassing, defamatory, tortious, libelous, abusive, threatening, vulgar, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, or any material that is invasive of another's privacy or exploits children, or transmitting any sexually explicit materials, including images and other content; 4.Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or the operation of our (or anyone else's) Services, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or transmit any materials that otherwise violate our rules or policies; 5.Violating our rights in or to our intellectual property; and 6.To assist you with breaching this Agreement. 8.Account Password and User ID. If the Services require that you become a registered user of the Services or to access any Site, you must receive or establish one or more passwords and accounts in the manner we designate. Maintaining the confidentiality and security of your passwords and accounts is solely your responsibility. Accordingly, you must maintain the security and confidentiality of your accounts. Do not divulge your password or account information to any third party. You are entirely responsible for all activities that occur on or through your account(s), and you agree to notify us immediately about any unauthorized use of accounts or any breach of security. You agree that we and our affiliates are not and will not be responsible for any losses incurred in connection with any misuse of or failure to secure passwords, nor do or will they have any responsibility whatsoever for your failure to comply with this Section. 9.Do Not Violate Third Party Intellectual Property Rights. Without any of our rights or your obligations under this Agreement, you may not, and by using the Services or a Site you agree not to, use the Services or a Site to: (i) transmit material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit material that infringes on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. For purposes of this Agreement, the term “Intellectual Property Rights” means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights. 10.Ownership. The trademarks, trade names, logos, color schemes, service marks, slogans, and similar means if identifying products or services displayed on any of the Sites (collectively, the “Marks”) and other Intellectual Property Rights are our or our licensors registered and/or common law Marks or other Intellectual Property Rights. All content and materials on the Sites including, without limitation, the Marks, button icons, images, audio clips, and software, copyrights, patents and other Intellectual Property Rights included in the Services or a Site, are our property or our licensors' and are protected by U.S. and international copyright, patent, trademarks, and other proprietary rights and Intellectual Property Rights laws. The compilation of all content on the Sites is our exclusive property and is protected by U.S. and international copyright laws. All software used on the Sites is our property or our licensors and protected by U.S. and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Services is permitted without the express written permission of us and any other applicable copyright owner. You may not copy, reproduce, republish, upload, post, transmit, sell, distribute, transfer or modify any of the content, data, information or materials found on the Sites, but you may download, display and print one (1) copy of the content displayed on our site on a single computer for your personal-non-commercial use. You will not use the Marks or other content on any site, website, web page, portal, or any form of advertisement which you operate, authorize or control without our express written permission. You may not use our Marks or copyrighted materials in any search engine descriptions, content (meta-tags, “white lettering”, key words, or other means of directing or influencing web traffic to any website, web page, portal or email operated, controlled or authorized by you without our express written permission and your doing so constitutes a violation of our rights under U.S. Federal law, U.S. States' laws, and other international laws and a breach of this Agreement. You will not adopt or use any names, trademarks, slogans, trade names, trademarks, service marks, email addresses, URLs, meta-tags, key words, search descriptions or the like that are the same or are confusingly similar to the Marks. Without our prior written consent, you will not submit or maintain any information submitted to search engines which incorporate any content from the Sites, the Marks, our copyrighted materials or any marks that are confusingly similar to the Marks. 4.Compliance with Laws. You may use the Services and the Sites only for lawful purposes. The Services and use of the Sites are subject to, and you agree that you will at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Services. This obligation includes your agreement to comply with all applicable laws or industry-specific regulations, and rules relating to the export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefore, as well as authorization from us. 5.Your Access to Certain Services. As a convenience and courtesy to you, in addition to the Services offered to the general user of the Sites, we may provide you access certain Sites for purpose of contracting with us to sell products or services to you. If we do so, any offers or sales made in connection with the use of such Sites will be subject to our purchase policies and this Agreement. 6.E-Sign. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by the agreements into which you thereby enter. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, APPLICATIONS AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THIS SITE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. You may obtain a copy of this Agreement by printing it now at no additional cost to you or by contacting us later at We may charge you up to $15 per copy of this Agreement if we send a copy to you at a later date. In addition, you understand that certain Services on the Sites such as a general contents page and a current information page (which provides information that may include, without limitation, news of interest to users of the Sites, shipper information and other Services) may include materials and information from third parties, and you acknowledge and agree that we have minimal control over such information. Accordingly, we cannot guarantee, represent or warrant that the content contained in the Sites is accurate, appropriate to you, and/or inoffensive. 7.We Make No Warranties. YOU USE THE SERVICES AND THE SITES IS AT YOUR SOLE RISK. THE SERVICES AND THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, WE DO NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITES INCLUDING, WITHOUT LIMITATION, ESTIMATED FEES BASED ON USER-PROVIDED INPUT ANY SALES TRANSACTIONS PAGE OR SIMILAR SOFTWARE FUNCTION, ARE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED. FURTHER, WE DO NOT WARRANT THAT PUBLISHED FEES BASED ON USER-PROVIDED INPUT IS AN ACCURATE OR TRUE REFLECTION OF THE FEES, TERMS AND CONDITIONS THAT WILL BE BINDING BETWEEN THE CONTRACTING PARTIES. 8.Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES OR ANY ASPECT OF THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF US FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250). THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITES OR SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE SITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 9.Indemnity of Us. You agree to indemnify and hold us harmless, and, at our request, to defend us from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to your use (or inability to use) the Services, any aspect of the Sites, or any other activities of yours accomplished using the Services or the Sites. 10.Order of Precedence. This Agreement governs your use of the Sites and access to the Services. This Agreement does not modify, alter or amend any other agreement you have entered or will enter into with us or any of our related or affiliated entities. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional Services on the Site, conflicts with any provision of your other agreements with us or any of our related or affiliated entities, the terms of such other conflicting term(s) of this Agreement. 11.Resale of Services. You also may not resell the Services (or any part thereof) without our prior written consent. If you wish to do so, contact us to determine if we will grant you permission to resell the Services or use the Marks in such manner. If you wish to access Site or use any of the Services, copyrighted materials or the Marks for commercial purposes or which affiliate with our Marks in any way, contact us to discuss establishing a commercial relationship with us and determine if we will grant you written permission to do so. You acknowledge that you do not acquire any ownership or license rights by virtue of downloading the Marks, copyrighted material from the Services. All rights not expressly granted under this Agreement are expressly reserved to us. If you believe your rights under applicable copyright laws are being infringed, you may notify our designated personnel who assist us with our Copyright notice and takedown policies. 12.Choice of Law and Forum. The Services are controlled by us from within the State of Florida, USA, although it may be accessed and used throughout the world. Subject to this Agreement, by submitting a registration or by accessing or using the Services, you and we each agree that the substantive laws of the State of Florida, USA will govern with respect to all matters relating to or arising from this Agreement, or the use (or inability to use) the Services, and that such laws will apply without regard to principles of conflict of laws. Subject to the dispute resolution procedures set forth above, you and we agree and hereby submit to the exclusive jurisdiction and venue of the appropriate State and Federal courts located in Hillsborough County, Florida, USA with respect to such matters. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services must be filed or otherwise commenced within one (1) year after such claim or cause of action arose or be forever barred. 13.Miscellaneous Terms. Subject to the terms of this Agreement and our other operating rules and policies for the Sites, this Agreement constitutes the entire agreement between you and us with respect to the subject matter addressed herein, and governs your use of the Services, superseding any prior agreements between you and us relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with us pursuant to a registration to access certain features of the Sites. The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal or contractual effect. 14.No Medical Advice. The contents of the Sites, such as their text, graphics, images, information, descriptions, diagrams and the like are owned by us or our affiliates or our Licensors and constitute the "content" of the Sites. The content is for information purposes only. The content is not intended in any way whatsoever to be a substitute for, or to augment in any way professional medical advice, diagnosis or treatment of any kind or nature. You should seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or anything you may think could be a medical condition. You should not disregard the professional medical advice you are given from your physician or other qualified healthcare provider or delay in seeking it because of the content you have read or received from the Sites, or other communications you receive from us. If you think you have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned the Site. Reliance on any information or Services provided by us, our employees, officers, directors, agents, or affiliates, or otherwise appearing on the Sites, or from other visitors to the Sites is solely at your own risk. The Sites may contain certain health or medical related materials, wellness, weightloss or nutritional materials that you or others may consider sexually explicit or offensive, either from your own personal standpoint, religious or political viewpoint. If you do find any of these materials offensive or otherwise explicit, you may not want to use the Sites. 15.Arbitration and No Class Actions. Any controversy, demand, or claim between, arising out of, or relating to this Agreement, or breach thereof, shall be settled promptly by arbitration with one (1) arbitrator in Hillsborough County, Florida, in accordance with the then existing rules of the American Arbitration Association, and conducted at the American Arbitration Office closest to our headquarters; provided, however, that the arbitrator shall have no authority to add to, modify, change or disregard any lawful terms of this Agreement. The decision of the arbitrator shall be final and binding, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. All arbitration must be conducted on a single claimant (individual) basis, and not any multi party or class action basis. You agree never to file or assert any action, arbitration or claim in any arbitration proceeding or court on a class action basis, or in any way seek to have a class action or multi party claim asserted in contravention of this Agreement. Arbitration shall be the exclusive final remedy for any dispute between the parties (other than claims involving the trademarks and service marks, which may be asserted in any U.S. Federal court of competant jurisdiction); provided, however, that this provision shall not prevent either party from seeking injunctive relief for any violation of this Agreement. The cost and expenses of the arbitrator shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration. Without limiting the foregoing, our Services at the Sites are not intended for use by or availability to minors. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT ACCESS THE SITES OR USE THE SERVICES. IF SO, PLEASE IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND DO NOT ACCESS THE SITES.

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