WERKWEEK LLC 
GENERAL TERMS AND CONDITIONS 

These WerkWeek LLC Terms and Conditions (“Terms”) constitute a legally binding agreement between the company identified within this sign-up page (“Company” or “you”) and WerkWeek LLC, a Delaware limited liability company (“WerkWeek”), and govern Company’s use of WerkWeek’s digital platform (the “WerkWeek Platform”) including mobile and/or web-based applications (the “WerkWeek App,” and together with the WerkWeek Platform, the “Services”). 

1. Contractual Relationship. By accessing or using the Services, you confirmCompany’sagreement to be bound by these Terms. If you do not agree to these Terms, do not access or use the Services, and your Account (as defined below) may be terminated by WerkWeek. 
2. Termination.WerkWeek, in its sole discretion, mayimmediately terminate these Terms and/or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Your willful circumvention of the Services by making requests to Third-Party Providers directly may result in your immediate termination of the Services. 
3. Modification.WerkWeekreserves the right to modify these Terms or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms through the Services, the WerkWeek Platform, or the WerkWeek App. You should regularly review these Terms, as Company’s continued use of the Services after any such changes constitutes Company’s agreement to such changes. 
4. Third-Party Personnel.(a) The Services enable you to find, request, or receive (i) healthcare technician services (“Third-Party Services”) from third party service providers, including without limitation, ophthalmology technicians (“Third-Party Providers”), and (ii) certain supporting services, including providing you the ability to express certain preferences about the Third-Party Services or Third-Party Service Providers, payment processing and customer support.
   (b) Once you make a request for Third-Party Services, WerkWeek notifies Third-Party Providers that an opportunity is available so that Third-Party Provider(s) may complete your request. It is up to the Third-Party Providers to decide whether or not to offer Third-Party Services to you or at all. Please note that once your request for the Third-Party Services has been fulfilled by a Third-Party Provider, you may no longer have the option to reschedule or cancel without full payment of the Third-Party Services. (c) If a request is fulfilled, Company will be liable and responsible for supervision of Third-Party Providers when such Third-Party Providers are treating patients of Company or otherwise performing Third-Party Services for or on behalf of Company. (d) WERKWEEK IS NOT A PROVIDER OF THIRD-PARTY SERVICES OR ANY MEDICAL SERVICES. YOUR ABILITY TO REQUEST, AND IF APPLICABLE, OBTAIN THIRD-PARTY SERVICES FROM THIRD-PARTY PROVIDERS IN CONNECTION WITH THE USE OF THE SERVICES DOES NOT ESTABLISH WERKWEEK AS A PROVIDER OF ANYTHING OTHER THAN THE SERVICES. INDEPENDENT THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF WERKWEEK IN ANY WAY. ANY EFFORT, FEATURE, PROCESS, POLICY, STANDARD OR OTHER EFFORT UNDERTAKEN BY WERKWEEK TO FACILITATE YOUR RECEIPT OF THIRD PARTY SERVICES IS NOT AN INDICIA OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP WITH A THIRD-PARTY PROVIDER. 
5. Ownership; License. The Services and all rights, title, and interest, including all related intellectual property rightsthereinare and shall remain WerkWeek’s property. Subject to your compliance with these Terms, WerkWeek grants Company a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the WerkWeek Platform and the WerkWeek App solely in connection with Company’s use of the Services on its personal device(s); and (ii) access and use any content, information and related materials that may be made available through the Services. 
6. Access to Services.(a) Accounts. To use most aspects of the Services, you must register for andmaintain an active user Services account (“Account”). You cannot register for or maintain an Account if you have previously been banned from accessing or using the Services. Account registration may require you to submit to WerkWeek certain personal information, such as your name, address, as well as at least one valid payment method that you are authorized to use and is supported by WerkWeek. Unless otherwise permitted by WerkWeek in writing, you may only possess one Account and you may not assign or otherwise transfer your Account to any other person or entity. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account credentials at all times. In addition to complying with these Terms, you agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. 
   (b) Communications with WerkWeek. By creating an Account, you electronically agree to accept and receive communications from WerkWeek, Third-Party Providers or third parties providing services to WerkWeek including via email, text message, calls, in-app communications, and push notifications to the telephone number(s) or email addresses you provided to WerkWeek. 
   (c) Access. You are responsible for obtaining the data network access necessary to use the Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. WerkWeek does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. WerkWeek is not responsible for any delays, delivery failures, or damage, loss or injury resulting from such problems. 
   (d) Use of Information. You agree that, with respect to Third-Party Provider personal information that you obtain directly or indirectly from or through the Services, we have granted to you a license to use such information only for: (i) WerkWeek Platform and WerkWeek App-related communications, and (ii) using Services offered through the WerkWeek Platform and the WerkWeek App. You may not use any such information for any unlawful purpose or with any unlawful intent. 
7. Payment.(a) Your use of the Services may result in charges to you for the goods and services you receive fromWerkWeek and/or from Third-Party Providers. You are responsible for posting within the WerkWeek App and the WerkWeek Platform what you are willing to pay for Third-Party Services from Third-Party Providers (“Offered Fees”), provided, that, you are obligated to offer commercially reasonable fees. If your request is accepted, you will be responsible for such Offered Fees, as well as WerkWeek’s fees and charges for the Services and other support services, which may be based upon a percentage of the Offered Fees (together with the Offered Fees, the “Service Fees”). WerkWeek will enable your payment of the applicable Service Fees for services or goods obtained through your use of the Services. Service Fees will include applicable taxes where required by law. Service Fees may include other applicable fees such as cancellation fees. Further, Service Fees may be increased in due marketplace factors, such as requests for same day or similarly immediate Services. 
   (b) With respect to Third-Party Providers, Offered Fees you incur will be owed directly to Third-Party Providers, and WerkWeek will collect payment of those charges from you, on the Third-Party Provider’s behalf as their limited payment collection agent, and payment of the Offered Fees shall be considered the same as payment made directly by you to the Third-Party Provider. Payment to a Third-Party Provider of goods or services shall be considered to occur at the moment you submit payment through WerkWeek. This payment structure is intended to fully compensate a Third-Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. 
   (c) As between you and WerkWeek, WerkWeek reserves the right to establish or adjust Service Fees for any or all services or goods obtained through the use of the Services at any time. WerkWeek will use reasonable efforts to inform you of Service Fees that may apply, provided that you will be responsible for Service Fees incurred under your Account regardless of your awareness of such Service Fees or the amounts thereof. 
   (d) All Service Fees and payments will be enabled by WerkWeek using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that WerkWeek may use another available payment method in your Account. 
   (e) Service Fees paid by you are final and non-refundable, unless otherwise determined by WerkWeek and the Third-Party Provider assessing the Service Fee. If you have any requests for cancellations, refunds, or returns, or if you think a correction should be made to any Service Fee you incurred, please contact your account representative to initiate such requests within 30 days after the Service Fee took place or WerkWeek will have no further responsibility and you waive your right to later dispute the amounts charged. 
8. Disclaimers.(a) THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WERKWEEK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WERKWEEK MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
   (b) WERKWEEK DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. 
   (c) WERKWEEK DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY PROVIDERS. THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF WERKWEEK. IF A DISPUTE ARISES BETWEEN YOU AND OR ANY OTHER THIRD PARTY, YOU RELEASE WERKWEEK FROM LOSSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. 
   (d) WERKWEEK CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 
   (e) WERKWEEK DOES NOT MAKE ANY REPRESENTATION AND WARRANTY AS TO CLASSIFICAITON OF A THIRD-PARTY PROVIDER WHEN PROVIDING THIRD-PARTY SERVICES FOR COMPANY. 
9. Limitation of Liability.(a) WERKWEEK SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF WERKWEEK, EVEN IF WERKWEEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   (b) WERKWEEK SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF WERKWEEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WERKWEEK SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND WERKWEEK’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF WERKWEEK. 
   (c) THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE THAT WERKWEEK HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY GOODS OR PROVIDED TO OR NOT PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. 
10. Indemnity. You agree to indemnify and holdWerkWeekand its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Third-Party Providers. 
11. Arbitration Agreement.(a) This Section provides thatany and all claims, disputes, or controversies shall be resolved by binding arbitration, and this Section prevents you from pursuing a lawsuit in a judicial forum, as part of a class action, or as an administrative proceeding in any forum. 
    (b) We are committed to resolving disputes in a timely and efficient manner. We have a two-step dispute resolution process that includes: (1) investigation of your claim and a negotiation with WerkWeek’s representatives, if deemed appropriate by WerkWeek, (2) binding arbitration administered by the American Arbitration Association (“AAA”). 
    (c) You and we mutually agree that any disputes between us arising out of or relating in any way to our Services, these Terms, our Privacy Policy, Third-Party Providers, Third-Party Services, or any representations made by us (“Claims”), will be resolved by binding arbitration, if not informally resolved by our customer support representatives. This includes any Claims you assert against us, our affiliates, or Third-Party Providers (which are beneficiaries of this Arbitration Agreement). This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against, any third parties, including but not limited to your affiliates, officers, employees, agents, and/or representatives where their underlying claims are in relation to your use of the Services. To the extent that any third-party beneficiary to these Terms brings claims against the entities covered by these Terms; those claims shall also be subject to this Arbitration Agreement. 
    (d) As a condition precedent to initiating arbitration, you agree to give us the opportunity to resolve any Claims by notifying us of the Claim in writing and attempting in good faith to negotiate an informal resolution. The deadline to file the Notice shall be no later than ninety (90) days after the claim arises. You must send, by certified mail, a written and signed Notice of Dispute (“Notice”) addressed to (the “Notice Address”): 
     
    WerkWeek, LLC 
    P.O. Box 5012 
    Doylestown, PA 18901 
     
    The Notice must contain the following information: (1) your name, (2) your address, (3) a brief description of the nature of your complaint, (4) the resolution that you are seeking, and (5) your signature. We will respond to the Notice within fifteen 15 days, and coordinate a call or virtual meeting within 15 days thereafter. If we are not able to resolve your complaint within 60 days of you providing Notice, you may commence an arbitration proceeding. 
     
    (e) To initiate arbitration, you must file a Demand with the AAA as specified in the AAA Rules. Unless otherwise agreed, you shall be responsible for 50% of any arbitration-related fees, including compensation for any arbitrator(s). Any arbitration will be administered by AAA in accordance with the AAA Commercial Arbitration rules (the “AAA Rules”) then in effect. The AAA Rules are available at http://www.adr.org. The arbitrator shall apply the law of the state of Delaware, regardless of conflict of laws principles, and any judgment on an award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 
    (f) This Arbitration Agreement is a “written agreement to arbitrate” evidencing a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs all substantive and procedural interpretation and enforcement of this Section 11. 
12. Choice of Law; Choice of Forum.(a) These Terms shall be governed by and construedin accordance with the laws of the state in which your dispute arises, without regard to the choice or conflict of law principles of any jurisdiction, except as may be otherwise provided in the Arbitration Agreement in Section 11. This Choice of Law provision applies only to the interpretation of these Terms. 
    (b) Any dispute, claim or controversy arising out of or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be brought exclusively in the state and federal courts of the state in which the dispute, claim or controversy arose, notwithstanding that other courts may have jurisdiction over the parties and subject matter, except as may be otherwise provided by the Arbitration Agreement above. 
    (c) Notwithstanding the foregoing, any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to these Terms, shall be brought exclusively in the state or federal courts in the state in which the incident or accident occurred, notwithstanding that other courts may have jurisdiction over the parties and subject matter, and except as may be otherwise provided in the Arbitration Agreement in Section 11, to the extent permitted by law. 
    (d) The foregoing Choice of Law and Choice of Forum provisions do not apply to the Arbitration Agreement in Section 11, and we refer you to Section 11 for the applicable provisions for such disputes. 
13. Notice.WerkWeekmay give notice by means of a general notice on or through the Services, electronic mail to the email address associated with your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or at the time of sending (if sent by email, telephone, or on or through the Services). Notwithstanding the foregoing, notice of any modifications to these Terms shall be effective upon posting an updated version of these Terms on WerkWeek’s website or through the Services. You may give notice to WerkWeek, with such notice deemed given when received by WerkWeek, at any time by first class mail or pre-paid post to the Notice Address (as defined in Section 11(d), above). If another provision of these Terms addresses any specific notice (for example, notice of updates to these Terms, or notice of a dispute or arbitration demand), those specific notice provisions shall prevail to the extent there is any conflict or inconsistency between those provisions and this notice provision. 
14. General. You may not assign these Terms withoutWerkWeek’sprior written approval. WerkWeek may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of WerkWeek’s equity, business or assets; or (iii) a successor by merger. Any purported assignment by you in violation of this Section 14 shall be void. No joint venture, partnership, employment, or agency relationship exists between you, WerkWeek, or any Third-Party Provider, as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. WerkWeek’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WerkWeek in writing. This provision shall not affect the severability of the Arbitration Agreement of these Terms. Sections 4(d), 5, 6(d), 7, 8, 9, 10, 11, 12, 13 and this Section 14 shall survive any termination or expiration of your use of the Services.