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User Policy

Effective Date: September 23, 2022

Voice Friend, LLC (dba Icon) (“we” “our” or “us”) provides individuals like you access to certain services we provide, including, without limitation, VoiceFriend, Caremerge Family Engagement, Community Engagement, and Calendar Central (the “Services“) for the interaction between you (including your family members or people who you have authorized to represent you (individually and collectively, the “Representatives”) and your care providers. When we use the term (“you” or “your”) in the rest of this document, it will mean you and/or your Representative. The Services are provided to you by the senior living, memory care or other types of communities within our network and in which you reside (“Provider(s)“). This document, called the “User Policy” or “Policy” applies to you, or your Representatives, use of the Services. If you sign up for, access or use the Services, you have accepted the Policy and are agreeing to be bound by the terms of the Policy. Please read this Policy carefully, and if you do not want, or are unable, to agree to the Policy, then do not sign up for or obtain an account, use the Service, or accept this Policy. If for some reason you don’t find a term defined in the Policy, then that term will have the same meaning as that term found in the Terms of Use. To the extent of a conflict between the User Policy and the Terms of Use, the User Policy shall control as it relates to access by you and/or your Representative.

Access to the Services are made available to you through your Provider, and their access to the Services is governed by our Terms of Use and Privacy Policy. We think you should review each carefully. You should understand that this Policy governs your use of the Services and is subject to change with or without notice to you. As such, the Policy will bind you, if you continue to use the Service after any change. So, if you are a regular user of the Service, please review the Policy regularly.

ARBITRATION NOTICE: THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION, AND A WAIVER OF JURY TRIALS AND CLASS ACTIONS AS SET FORTH BELOW – PLEASE READ THESE SECTIONS CAREFULLY.

The Services. The Service allows your Provider to make certain information available to you through the Services. In addition, if you are a Representative and have legal to access the information (including Protected Health Information as defined in the Terms of Use) of another individual, such as your parent, that individual’s Provider may, in his or her discretion, grant you access privileges for that individual’s information through the Services.

We do not provide access to the Services, that is done solely by your Provider. If your Provider grants you access, you should receive an email inviting you to register for an account. To register, you will need to complete the information set forth in that email and you must also agree to the terms of this Policy. You should safeguard any user ID(s), password(s) and any other logon information provided with the account carefully, and not share them with anyone else. If you believe someone has had unauthorized access to the Service, please contact us immediately at support@icon.com.

Your Provider is responsible for any of the information you see, or access, on the Service. The information supplied by the Provider on the Service may contain typographical errors, inaccuracies or omissions. In addition, although the Service may display some information about you, it does not necessarily display all information retained by your Provider about you. If you think that your information displayed in the Services is inaccurate or incomplete, or if you would like to request a complete copy of your records, please contact your Provider directly. Because the Service includes information that may be part of your Provider’s health record about you, you will not be able to delete any health information. You may, however, terminate your access to the Services by contacting Your Provider directly. Your Provider also has the ability to terminate your access to the Services, at any time.

Incorporation by Reference. We have tried to include a lot of important terms in this Policy, but many other terms are located in the Terms of Use, are applicable to you (and you in those Terms of Use shall refer to you under this User Policy). As such, those terms are incorporated by reference and include, but are not limited to: Sections 2 (Restrictions on Use of the Services), 3 (Our Content), 4 (Your Content), 5 (We Do Not Endorse Comments of Users), 6.1 (Third-Party Services), 6.2 (Third-Party Products), 7 (No Medical Advice Provided), 8 (No Legal Advice Provided), 9 (No Financial Advice Provided), 10 (Applications), 11 (Privacy), 12.3 (Effect of Termination), 13 (Modification or Discontinuance of the Services by Us), 14 (Denial of Access/Termination), 15.2 (Disclaimer of Warranties), 15.3 (Limitation of Liability), 16 (Indemnification), 19.1 (Assignment), 19.3 (No Waiver), 19.4 (Section Headings), 19.7 (Governing Law), 19.9 (Notice and Procedure for Making Claims of Intellectual Property Infringement). Additionally, to the extent you are using the applicable Services, Section 6.3 (Amazon Products and Services), Section 6.4 (Spiro Products and Services), Section 6.5 (eSignature Products and Services – and only Sections 1, 2 and 3 of the eSignature Addendum). Some of these terms relate to your Protected Health Information, HIPPA and other regulations, so you should read these terms.

Updates.  We or our respective suppliers, partners, and affiliates may make improvements and/or make changes in the Services described herein at any time.

Remedy. Although we will attempt to address any problems or concerns regarding the Services, if you continue to be dissatisfied with the Services or the content available thereon, or with any of this Policy, you should immediately discontinue using the Services as your remedy.

MANDATORY ARBITRATION; WAIVER OF CLASS ACTIONS. IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

ArbitrationYou and we agree to resolve any claims relating to User Policy or the Services through final and binding arbitration by a single arbitrator. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.

Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate within 30 days of first registering your account by contacting us at support@icon.com.

Arbitration Procedures and Fees. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the Chicago, Illinois, or any other location we agree to. The AAA rules will govern payment of all arbitration fees.

NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.

Jurisdiction and Venue. To the extent any dispute arises that is not governed by the mandatory arbitration provisions, the Service is controlled and operated by us from our offices within the United States of America. Any claim relating to the Service shall be governed by the internal substantive laws of the State of Illinois. You and we agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Illinois. You and we agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Policy must be filed within one (1) year after such claim or cause of action arose.

Violation of Terms and Conditions. We reserve the right to seek all remedies available by law and in equity for any violations of this Policy, including the right to block access to the Service (including from a particular internet address). The failure of us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section titles herein are for convenience only and have no legal or contractual effect.

Entire Agreement. This Policy constitutes the entire agreement between you and us in connection with your use of the Services. We may update this Policy from time to time by posting revised terms and conditions on the website, without notice to you, and your subsequent use of this service are governed by the new Policy. This Policy is effective until terminated by us.   In the event of termination, Arbitration and Governing Law provisions set forth in this Policy will survive as well as Section 6.1 (Third-Party Services), 6.2 (Third-Party Products), 15.2 (Disclaimer of Warranties), 15.3 (Limitation of Liability), 16 (Indemnification), 19.1 (Assignment), 19.3 (No Waiver), 19.4 (Section Headings), 19.7 (Governing Law), 19.9 (Notice and Procedure for Making Claims of Intellectual Property Infringement) of the Terms of Use. Additionally, to the extent you are using the applicable Services, Section 6.3 (Amazon Products and Services), Section 6.4 (Spiro Products and Services), Section 6.5 (eSignature Products and Services – and limited only Sections 1, 2 and 3 of the eSignature Addendum). If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

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