The following constitutes the Blox Terms of Service (together with any documents expressly incorporated by reference, the “Agreement”) and is legally binding and applies to your use of the Services (hereinafter defined).

Last Modified: January 7, 2026

Acceptance of the Agreement

PLEASE READ THIS AGREEMENT CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS.

This Agreement is entered into by and between you as a platform and service user (“Y/you”) and Blox Medical, LLC (“Company,” “W/we,” or “U/us“). This Agreement governs your access to and use of the connected services made available to you via the Blox mobile application (the “App”), which include our content, platform, feature sets and services designed for medical students, practitioners and similar users (collectively, the “Services”).

Our Mobile Application End User License Agreement [link] governs your download, installation and use of software components of the App and is incorporated in this Agreement by reference.

This Agreement constitutes legally binding terms and applies to such use of the Services regardless of the type of device used to access it unless such services post different terms of use or end user license agreement, in which case that agreement (“Other Terms”) shall instead govern. If you are using the Services on behalf of an entity, such as a company or organization (each, and “Entity”), then you represent to us that you have the power and authority to bind such Entity to this Agreement.

By clicking to accept or agree to this Agreement when this option is made available to you, you accept and agree to be bound and abide by this Agreement and acknowledge our Privacy Policy. This applies whether you access the Services as a guest or a registered user. If you do not want to agree to this Agreement, you must not access or use the Services.

The Services are offered and available to users who are 18 years of age or older and reside in the United States or Canada. By using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Services.

Changes to the Agreement

We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

If we make any material change and you are a registered user, we will also send an e-mail to you at the last e-mail address you provided to us in accordance with this Agreement. If you do not agree to any material changes after receiving notice of such changes, you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such changes.

Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access, including registered user access, to some parts of the Services or the entire Services.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Services.
• Ensuring that all persons who access the Services through your installation of the App are aware of and complies with this Agreement.

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register for the Services, including, but not limited to, through the use of any interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or guest Internet network so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, 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.

Intellectual Property Rights

Company Content. The Services (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

This Agreement permits you to use the Services for your personal, non-commercial or internal 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 our Services, except as follows:

• Your computer or mobile device 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 or mobile application for display enhancement purposes.

You must not:

• Modify copies of any materials from the Services.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

You must not access or use for any commercial purposes any part of the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of this Agreement, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with this Agreement . You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in this Agreement, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Services.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the software is stored, or any server, computer, or database connected to the Services.
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.

 

Monitoring and Enforcement; Termination

We have the right to:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Your Content

“Your Content” includes all text, multimedia, graphics, audio, video, data, and other information provided by you to Company for use with and display through the Services. Company may copy, display, modify, and use Your Content as needed to provide and maintain the Services. You are responsible for the accuracy of Your Content and represent and warrant that you have the right to provide Your Content to Company for the purpose of providing the Services and in accordance with this Agreement.

Your Content may not include any materials that: (a) violate third party intellectual property or privacy rights, (b) are obscene, offensive, pornographic or defamatory, or (c) that introduce viruses, malware, Trojan horses or similar malicious code into the Services or our systems, or (d) that otherwise violate applicable law.

Your Content is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with this Agreement and our Privacy Policy.

Subject to the terms of this Agreement, Company may use data generated via your use of the Services (such as technical logs and similar performance and usage data) for its business purposes, including to improve our products and services. We may only disclose such usage data in an aggregate and de-identified manner.

Notice Regarding HIPPA

While the Services provide information useful for users in the healthcare space, the Services are not designed to be, or intended for use cases, that require the processing, transmission and use of “Protected Health Information” as defined under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing rules and regulations, and/or any patient information regulated by applicable federal or state privacy or security laws and regulations.

Accordingly, Your Content must not include actual patient medical data or “Protected Health Information” as defined by HIPPA. The Services similarly are not designed for submitting and processing any other special category of protected or regulatory data under applicable law (e.g., credit, debit, bank account, or other financial account numbers, social security numbers, driver’s license numbers, or other unique and private government ID numbers, or any other special or sensitive categories of data).

AI Features

You acknowledge and agrees that the Services include the use and implementation of artificial intelligence and machine learning elements, including without limitation generative artificial intelligence, AI models and AI analytical tools (collectively, “AI Features”) and that the use of such AI Features means that the AI Features within the Services will analyze, ingest, be trained on and be modified by Your Content (provided that Your Content will be aggregated and de-identified before any such use). Accordingly, as part of the rights granted in this Agreement, you grant use the right to use Your Content in connection with such AI Features within the Services. AI Features include those which may be proprietary to Company, as well as third-party AI models and features provided by third-parties (e.g., OpenAI and other providers).

“Input” are prompts, inputs and other content submitted by you into any AI Features included in the Services, where as “Output” are the generative results of Input submitted into the AI Features included in the Services.

Due to the nature of artificial intelligence and machine learning, information generated by AI Features may be incorrect or inaccurate. Product features in the Services that include AI Features are not human and are not a substitute for human oversight. Outputs may not be unique to you, and may include inaccuracies, biases, errors, “hallucinations” or similar mistakes. You are solely responsible for verifying the accuracy, security and reliability of all Output. Your use of the Output is solely at its own your risk. All Output requires appropriate medical review and oversight prior to use.

Continuing Medical Education (CME)

Blox may offer accredited Continuing Medical Education (“CME”) activities through the application. These activities are provided in joint providership with Scimple Education, which is accredited by the Accreditation Council for Continuing Medical Education (ACCME) to provide continuing medical education for physicians.

Eligible users may earn up to 24 AMA PRA Category 1 Credits™ (or a Certificate of Participation for non-physician learners) subject to successful completion of all required educational content, assessments, and evaluations. CME activities are intended for physicians (MD/DO), physician assistants (PA), and nurse practitioners (NP), as applicable under the accrediting body’s guidelines. CME credits may be claimed at a rate of up to two (2) credits per month, or up to twenty-four (24) credits at the end of a subscription year.

CME credits are claimed on an honor system and should reflect the user’s actual participation in eligible educational activities. Licensing boards, credentialing organizations, or other regulatory bodies may audit or request verification of claimed CME credits, and users are solely responsible for maintaining appropriate documentation and ensuring compliance with applicable requirements.

Availability of CME credits, eligibility requirements, accreditation details, and credit designation are subject to change and may vary by profession and jurisdiction. Blox does not guarantee that CME credits will be accepted by all licensing boards or credentialing organizations. Users are solely responsible for verifying credit applicability and reporting earned CME credits in accordance with applicable professional and regulatory requirements.

Informational Use Only

While the Services are designed as a toolset for users in the healthcare industry, the Services are for informational purposes only not a substitute for professional medical advice, diagnosis or treatment. 

The information presented on or through the Services (including all Outputs) is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services include content provided by third parties. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by third parties.

If you think you may have, or are witnessing a medical emergency, call a medical professional or 911 immediately.

Account Overview

Fees. Currently, we are providing access to our Services on a paid subscription basis (“Paid Subscription”). The Paid Subscription fee will be debited from the payment method designated in the user’s account, at regular monthly or yearly intervals for upcoming access and use periods (“Billing Period”), depending on subscription level purchased. We will provide you with written notice via the email address specified in your account seven (7) days prior to the end of the then current Billing Period (for monthly subscriptions) and sixty (60) days prior to the end of the then current Billing Period (for yearly subscriptions) notifying you of (i) the amount you will be charged, (ii) the designated payment method the Paid Subscription fee will be charged from, and (iii) how you can cancel your Paid Subscription.

If your designated payment method cannot be charged for any reason (such as expiration or insufficient funds), you remain responsible for any uncollected amounts, and we may, without limitation, attempt to charge you again or request that you provide another payment method. 

Fee Changes. If we make any amendment to fees in the future, we will give you thirty (30)-day notice by email to the primary email address specified in your account. You are responsible for ensuring we have an up-to-date active and deliverable email address for you. If you do not agree to these amended terms, you may close your account within the thirty (30)-day period after such notice and you will not be bound by the amended terms.

Refunds. We do not offer refunds. All payments are final and non-refundable once billed for a given Billing Period.

Cancellations-User. The subscription may be cancelled at any time through your user account or by contacting us admin@bloxmedical.com. Cancellation must occur at least five (5) business days prior to when the Paid Subscription fee is due to prevent billing for a subsequent Billing Period.

Cancellations- Company. We reserve the right to suspend or cancel your Paid Subscription at any time for: 1) inability to successfully charge your designated payment method to renew your Paid Subscription, without obligation of notice or allowance of cure; or, 2) any threatened, perceived, or actual violations of this Agreement or any other agreement between yourself and Company. If we cancel or suspend your Paid Subscription, you remain responsible for any fees due for the current Billing Period and any unpaid Billing Period(s) prior to the effective date of cancellation. No refunds shall be made.

Changes to the Website

We may update the content on the Services from time to time, but its content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Links from the Services

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Services is based in the State of Tennessee in the United States. We provide the Services for use only by persons located in the United States or Canada. We make no claims that the Services or any of their content are accessible or appropriate outside of the United States or Canada. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR 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, MOBILE DEVICES, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES (INCLUDING ALL AI FEATURES MADE AVAILABLE VIA THE SERVICES) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES LINKED, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF CHARITABLE DESIGNATION, LOSS OF CHARACTERIZATION OF MONEY DONATED, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend (at our election) and hold Company, its subsidiaries, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the Services, and your activities in connection with the Services; (b) your violation or anticipatory violation of any applicable law in connection with your use of the Services, or your activities in connection with the Services (including any claim or allegation that you used the Services to process PHI or similar regulated data in violation of this Agreement); (c) a breach or anticipatory breach of this Agreement; (d) any breach of your agreements, representations and warranties set for in this Agreement; (e) Your Content, including claims that Your Content that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other rights of any person or entity; (f) any misrepresentation made by you; and (g) Company’s permitted use of the information that you submit to use (all of the foregoing, “Claims and Losses”). You will cooperate fully as required by Company in the defense of any Claim and Losses. Notwithstanding the foregoing, Company retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Company reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of any officer of Company.

Legal Disputes

DISCLAIMER. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTNATIAL IMPACT ON HOW CLAIMS YOU AND COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED.

Agreement to Arbitrate. You and Company agree that any and all disputes or claims at law or equity that have arisen or may arise between you and Company relating in any way to or arising out of this or previous version this Agreement or your use of or access to the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be resolved exclusively through final and binding arbitration, rather than in court, under the Rules of Arbitration of the American Arbitration Association (“AAA”) applying Tennessee law (“Agreement to Arbitrate”). The Agreement to Arbitrate does not apply to each party’s right to seek injunctive or other equitable relief in court of competent jurisdiction to prevent actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate to the exclusion of state law inconsistent therewith. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

Governing Law. All matters relating to the Services and this Agreement, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).

INDIVIDUAL BASIS ONLY. YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING OR PRIVATE ATTORNEY GENERAL ACTION. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THE PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Agreement applies. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. All issues are for the arbitrator to decide, except those issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, equitable actions with respect to intellectual property as described above, or the interpretation of prohibition of class and representative actions, private attorney general actions, and non-individualized relief shall be for a court in Hamilton County, Tennessee.

Notice. A party who intends to seek arbitration must first send to the other, by certified mail, a complete form Notice of Dispute (“Notice”). The Notice to Company should be sent to:

Blox Medical, LLC

5251-C Hwy 153, #123

Hixson, Tennessee 37343

Company will send any Notice to you at the physical address we have on file associated with your account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

Initiate Proceedings. If you and Company are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or Company may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. Any settlement offer made by your or Company shall not be disclosed to the arbitrator.

Procedure. The arbitration hearing shall be held in Hamilton County, Tennessee, or at another mutually agreed location. If the value of the relief sought is $10,000 or less, the arbitration will be conducted solely on the basis of documents you and Company submit to the arbitrator, unless you elect to have an in-person hearing or the arbitrator determines an in-person hearing is necessary. In cases where an in-person hearing is held, you and/or Company may attend by telephone, unless the arbitrator or AAA rules require otherwise. If the value of the relief sought exceeds $10,000, the right to an in-person hearing will be governed by the AAA rules.

Award. The arbitrator’s award damages must be consistent with the terms of the “Disclaimer of Warranties” and “Limitation on Liability” sections above as to the types and amounts of damages for which a party may be liable. The arbitrator’s award shall be final and binding and judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator).

Amendment to this section. Notwithstanding any provision herein to the contrary, you and we agree that if we made any amendment to this agreement to arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Company prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Company. We will notify you of amendments to this agreement to arbitrate by posting the amended terms on the Website or by providing notice by email. If you do not agree to these amended terms, you may close your account within the thirty (30)-day period after such notice and you will not be bound by the amended terms.

Jurisdiction. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and Company, may be resolved exclusively by a state or federal court located in Hamilton County, Tennessee. You and Company agree to submit to the personal jurisdiction of the courts located within Hamilton County, Tennessee, for the purpose of litigating all such claims and disputes.

Limitation on Time to File Claims

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

Waiver and Severability

No waiver by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

Entire Agreement

This Agreement, our Privacy Policy, End User License Agreement, and other agreements found on or accessible through our Services, constitute the sole and entire agreement between you and Blox Medical, LLC regarding the App and our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App and our Services.

Your Comments and Concerns

The Services are operated by Blox Medical, LLC located at 5251-C Highway 153, #123, Hixson, TN, 37343.

All other feedback, comments, requests for technical support, and other communications relating to the App, our Services or any other products and services of Blox Medical, LLC should be directed to: admin@bloxmedical.com