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OneMedical.com - Membership Terms of Service
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These Terms of Service have been renamed to "Membership Terms of Service" and completely rewritten. They will be effective on Feb 28, 2019.
Small changes under the "Arbitration Rules" section.
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TERMSMEMBERSHIP TERMS OF SERVICE 

	Last updated April 13, 2018	EFFECTIVE DATE: MARCH 1, 2019

	Welcome to One Medical Group! 1Life Healthcare, Inc. ("1LIFE HEALTHCARE") and its affiliated One Medical Group entities (collectively, the "COMPANIES," "WE" or "US") offer a service that allows Users (defined below) to manage their health using online-enabled technology, enhanced digital health tools and other services (the "SERVICE") through its online platform located at www.onemedical.com (the "WEBSITE") and mobile device application ("APP"). Please read these Terms of Service (these "TERMS"), the One Medical Group Privacy Policy (the "PRIVACY POLICY"), the One Medical Group HIPAA Policy (the "HIPAA POLICY") , the Website Terms of Use and any notices on the Website carefully because they govern your use of the Service. For purposes of these Terms, the term "USER" includes paid subscribers and non-subscribing users of the Service.	ARBITRATION CLAUSE IN SECTION 12

	THESE TERMS OF SERVICE REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, AND INCLUDE A CLASS ACTION WAIVER. THESE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.	These Membership Terms of Service (“Terms”), which includes an agreement to arbitrate and consent to electronic communications, govern your access to and use of services provided by 1Life Healthcare, Inc. (“1Life”, “we”, “us”, or “our”), including the One Medical website located at www.onemedical.com, the One Medical mobile application, membership services that include personal healthcare navigation services, wellness services, communication services, and other technology or personal services provided by 1Life (collectively, the “Services”). Please read these Terms carefully before using the Services. By accessing or using the Services you agree to be bound by these Terms. If you are accepting these Terms for another person (“Family Member”) as such Family Member’s parent, guardian, conservator, or custodian, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member.

	By using	1Life is affiliated with the Service, you agreeOne Medical professional corporations and their affiliated medical services providers (“One Medical”), where 1Life provides management and administrative services to be boundOne Medical. One Medical provides medical services. These Terms govern your access to and use of the Services offered by these Terms.1Life. If you object to anything in these Terms, do notand/or your Family Member use medical services provided by One Medical or its regional partners, you understand and agree that you, and your Family Member, are bound by and subject to the Medical Terms of Service. Please read the Medical Terms of Services carefully before using One Medical’s medical services.

ACCEPTANCE OF TERMS OF SERVICE	Please refer to our Privacy Policy to learn how 1Life collects, uses, shares and protects your personal information and your protected health information.

	a. ELECTRONIC AGREEMENT. These Terms are an electronic contract that set out the legally binding terms of your use of and subscription to the Service. By using the Service (including by clicking the "I accept" button associated with these Terms), you accept these Terms and agree to the terms, conditions, and notices contained or referenced herein. They may be modified by the Companies from time to time, at their sole discretion, with such modifications to be effective upon posting by the Companies on the Website or via the Service or providing you with notice of the modification. It is important that you review such modifications because if you continue to use the Service after we have posted the modifications, you indicate that you agree to be bound by the modified Terms.	YOU AGREE THAT DISPUTES BETWEEN YOU AND 1LIFE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION 12 BELOW. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 12.

b. CONSENT1. UPDATES TO ELECTRONIC DISCLOSURES. You agree that the Companies may send the following to you by email or posting them on the Website: these Terms, including legal disclosures; future changes to these Terms; One Medical Group’s Privacy Policy; One Medical Group’s HIPAA Policy; and other notices, legal communications or disclosures and information related to the Service (the "COMMUNICATIONS"). You consent to receive these Communications electronically. You agree to notify us promptly if your email address changes. Your consent to conduct actions electronically and our agreement to do so covers all actions you conduct through the Service.THE TERMS

c. WITHDRAWING YOUR CONSENT. If you later decide that you do not want to receive future Communications electronically, please send an email to admin@onemedical.com or a letter	We may modify these Terms from time to One Medical Group, 130 Sutter Street, San Francisco, CA 94104. Your withdrawaltime. We will notify you of consent shall bematerial changes by posting the amended terms on our website and the mobile application at least thirty (30) days before the effective within a reasonable time afterdate of the changes. If we receivehave your withdrawal notice described above. Your withdrawal of consentemail on file, we will not affect the legal validity or enforceabilityalso notify you of material changes to the Terms provided to, and electronically signed by, you prior toby email at least thirty (30) days before the effective date of the changes. Please make sure we have your withdrawal. However, ifcurrent email address so that you withdraw your consent towill receive Communications electronically, we may terminatenotice of any material changes. If you do not agree with the proposed changes, you should discontinue your use of the Service.Services before the effective date of the changes. If you continue using the Services after the effective date, you will be bound by the updated Terms.

ELIGIBILITY2. ACCOUNT REGISTRATION AND SECURITY

	You represent and warrant thatmay use the Services only if you are at least 18 years of ageor older and solely for your own personal, non-commercial use. To access certain features of the Services or to become a member, you will have to create an account via the right, authoritywebsite at www.onemedical.com or the One Medical mobile app. It is important that you provide us with accurate and capacity to enter into these Termscomplete information for your account, and to abide byupdate as needed. You are responsible for protecting your account username and password, and for all activities that occur under your account. You should immediately notify us of the terms and conditionsany unauthorized use of these Terms.your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be responsible for any loss or damage if you do not protect your account or your personal information.

ACCOUNT REGISTRATION AND SECURITY3. ACKNOWLEDGEMENT OF ANNUAL MEMBERSHIP FEE

	If you want	1Life charges an annual membership fee (the “Annual Membership Fee”) for access to use certain features of the Service, you willServices. The Annual Membership Fee may be modified by notice in accordance with these Terms. Certain members may have access to create a User account via the WebsiteServices through their employers, professional affiliations, or the App. It is important that you provide us with accurate, completeother organizations, and up-to-date information for your account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. You are also responsible for maintaininga result, the confidentiality of the username and password that you designate during the registration process for your account, and you are fully responsible for all activities that occur under your account. You agree to (a) immediately notify the Companies of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. If you do not, we might have to suspend or terminate your account. The CompaniesAnnual Membership Fee will not be liable for any loss or damage arising from your failureapply to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.such members.

ACKNOWLEDGEMENT	The Annual Membership Fee covers costs associated with personal services and tools that enhance your healthcare experience, but are typically not covered by insurance. Membership services include higher-touch personal services such as insurance and billing navigation, advice on provider selection, specialist booking and referral management, 24/7 connection to our services team, digital tools for easy access to 1Life and One Medical services, as well as lifestyle and wellness offerings. PAYMENT OF THE ANNUAL MEMBERSHIP FEE TO 1LIFE IS NOT A REQUIREMENT TO RECEIVE MEDICAL SERVICES AT ONE MEDICAL. There are options for accessing Medical Services with One Medical without payment of this fee, such as requesting a financial needs-based waiver or requesting limited access to One Medical providers without the benefits of 1Life’s value-added membership services and digital tools. To learn more about the Annual Membership Fee and these options, contact us at terms@onemedical.com.

	The Annual Membership Fee is charged by 1Life Healthcare,not a healthcare technology and management services company affiliated with One Medical Group, which develops enhanced digitalcovered benefit under most health tools andinsurance plans or other services. Thehealthcare benefit plans such as the Health Saving Account or Flexible Spending Account. As a result, you acknowledge that you may not be able to submit the Annual Membership Fee covers costs associated with access tofor coverage under your insurance or benefit plan, and as such, you will be responsible for the 1Life Healthcare proprietary technology platform, and other higher touch and value-added non-medical services including lifestyle and wellness offerings, mobile data and technology services, and value-added personal services.cost of such Annual Membership Fee.

	Payment of the	For our paid members, 1Life will charge your Annual Membership Fee is not a requirement to receiving medical care through One Medical Group clinics and there are options for accessing medical services with One Medical Group withoutyour designated billing account. You agree to make the payment of this fee. To learn more about the Annual Membership Fee and these options, contact us at terms@onemedical.com.using your chosen payment method. IF YOUR ACCOUNT IS SUBJECT TO THE ANNUAL MEMBERSHIP FEE, YOU AUTHORIZE US TO CHARGE YOUR CHOSEN PAYMENT METHOD THE ANNUAL MEMBERSHIP FEE AT THE TIME OF INITIAL PAYMENT AND EACH ANNUAL RENEWAL, UNTIL YOU CANCEL. YOU MUST CANCEL YOUR MEMBERSHIP BEFORE IT RENEWS TO AVOID BEING CHARGED THE ANNUAL MEMBERSHIP FEE FOR THE NEXT YEAR. YOU CAN CANCEL YOUR MEMBERSHIP AT ANY TIME BY LOGGING INTO YOUR ONE MEDICAL ACCOUNT AND SELECT CANCEL MEMBERSHIP OR CONTACTING US AT ADMIN@ONEMEDICAL.COM. IF YOU CANCEL YOUR MEMBERSHIP AND YOUR SUBSCRIPTION TERM HAS NOT EXPIRED, YOU MAY CONTINUE TO USE THE SERVICES UNTIL THE END OF YOUR THEN-CURRENT MEMBERSHIP TERM AND YOUR MEMBERSHIP WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. HOWEVER, YOU WON'T BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE ANNUAL MEMBERSHIP FEE PAID FOR THE THEN-CURRENT MEMBERSHIP PERIOD.

	The Annual Membership Fee is not a covered benefit under most health care benefit plans. As a result,	If the amount to be charged to you acknowledge thatvaries from the amount you will not be ablepreauthorized (other than due to submitthe imposition or change in the amount of state sales taxes), for example, due to an increase in the Annual Membership Fee for coverage under your benefit plan, and as such,Fee, you have the right to receive, and we will provide, notice of the amount to be responsible forcharged and the costdate of such Annual Membership Fee.the charge at least 30 days before the scheduled date of the transaction. If you do not agree with the new amount in the notice, you may cancel the transaction by logging into your account and select “cancel membership” or contacting us at admin@onemedical.com.

	You acknowledge and agree that we may contact you via email, phone, or mailing regarding your membership with us or your annual membership fee.4. FREE TRIALS AND OTHER PROMOTIONS

TERM	ANY FREE TRIAL OR OTHER PROMOTION THAT PROVIDES PAID MEMBER-LEVEL ACCESS TO THE SERVICES MUST BE USED WITHIN THE SPECIFIED TIME OF THE TRIAL. IF YOU DO NOT WISH TO CONTINUE YOUR MEMBERSHIP, YOU MUST CANCEL YOUR TRIAL MEMBERSHIP BEFORE THE END OF THE TRIAL PERIOD IN ORDER TO AVOID BEING CHARGED THE ANNUAL MEMBERSHIP FEE, AS APPLICABLE. IF YOU CANCEL PRIOR TO THE END OF THE TRIAL PERIOD AND TERMINATIONARE INADVERTENTLY CHARGED FOR A MEMBERSHIP, PLEASE CONTACT US AT ADMIN@ONEMEDICAL.COM FOR A REFUND.

	These Terms will remain in full force and effect while you are a User. You may terminate your use of the Service at any time by contacting us at Attn: Customer Care, One Medical Group, 130 Sutter Street, San Francisco, CA 94104 or via email at admin@onemedical.com. If you terminate your paid subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had signed up prior to your termination). The Companies in their sole discretion may terminate your use of the Service at any time, including, but not limited to, if you breach these Terms, by sending notice to you at the email address you provide via the Service. If the Companies terminate your use of the Service because you have breached these Terms, you will not be entitled to any refund of paid but unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of the Companies. The Companies are not required to provide you with notice prior to terminating your use of the Service and are not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination shall be deemed to survive such termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. In addition, you understand and acknowledge that following termination of your account, the Companies may be required to, and will, maintain electronic copies of your medical records in accordance with applicable law.5. SERVICE USE TERMINATION

NON-COMMERCIAL USER OF THE SERVICE	You may terminate your use of the Services at any time by not using the Services any more. If you wish to terminate your membership, you can do so by logging into your account and selecting “cancel membership” or contacting us via email at admin@onemedical.com. If you terminate your membership, your membership will remain active until the end of your then-current membership period. We may terminate your use of the Services at any time by sending notice to you at the email address you provided or otherwise contacting you or posting a notice on the Services. If we terminate your use of the Services because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refund of the paid Annual Membership Fee. We are not required to provide you with notice prior to terminating your use of the Services or a reason for such termination. If we terminate your access to the Services other than due to your breach of these Terms or any other agreement you have entered into with us, you will be entitled to a pro rata refund of the Annual Membership Fee that you paid for the remainder of your membership period.

	The Service is for the personal use of individual Users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses are not permitted to, and should not use the Service. Illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website, App or Service, may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of the Companies, which may be revoked at any time, for any reason, in the Companies’ sole discretion.6. USE OF THE SERVICES

FEEDBACK	Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services solely for your personal and non-commercial purposes. Your use of the Services must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in the Services.

	We welcome feedback, comments and suggestions for improvements to	The following is a list of the Service ("Feedback"). You can submit Feedback by emailing us at feedback@onemedical.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rightstype of actions that you own or controlmay not engage in with respect to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.Services:

CONTENT AND SOFTWARE ON THE SERVICE	 You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, "data mine", or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents;
	 You will not interfere, access, tamper with or disrupt the Services or the servers or networks connected to the Services;
	 You will not attempt to probe, scan or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures;
	 You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
	 You will not use the Services or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
	 You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity;
	 You will not use, display, "frame" or "mirror" any part of the Services, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us; and
	 You will not collect or store any personal information, including personally identifiable information, from users without their express permission.

	a. PROPRIETARY RIGHTS; LICENSE. 1Life Healthcare or its licensors exclusively own and retain all proprietary rights, title and interest in the Website, the App and the Service, including the Software (defined below) and all associated intellectual property rights contained therein. The Website, the App and the Service contain the copyrighted material, trademarks, and other proprietary information of 1Life Healthcare, and its licensors. Subject to the terms and conditions of these Terms, 1Life Healthcare grants to you a personal, limited, non-exclusive, nontransferable, non-sublicensable license to (i) download and install a copy of the software and technology that enable the App, together with any updates and bug fixes (the "SOFTWARE") on a mobile device and (ii) access and use the graphics, audio, messages, photos or profiles and works of authorship of any kind that 1Life Healthcare provides or makes available via the Service (the "Content") during the term of these Terms solely in connection with your permitted use of the Website, the App and the Service and solely for your personal and non-commercial purposes. 1Life Healthcare and its licensors retain all rights not expressly granted to you in these Terms. Content includes without limitation User Content (defined below).7. CONSENT TO ELECTRONIC COMMUNICATIONS

b. RESTRICTIONS. You shall not, and you shall not enable any third party, to (i) access or attempt to access any other systems, programs or data of the Companies	You agree that are not available for public use; (ii) copy, reproduce, republish, upload, post, transmit or distribute any Content that is not User Content; (iii) work around any technical limitations in1Life may send the Software,following to you by email or decompile, disassemble or otherwise reverse engineer the Software except as otherwise permitted by applicable law; (iv) perform or attemptposting them on our website and mobile application: legal disclosures; these Terms; Privacy Policy; future changes to perform any actions that could interfere with the proper operation of the Softwareforegoing; and other notices, policies, communications or Service, prevent accessdisclosures and information related to or use of the SoftwareServices. You agree that 1Life may contact you via email, phone, text, or Service by the Companies’ other licenseesmail regarding your 1Life membership or clients, or impose an unreasonable or disproportionately large load on the infrastructure; (v) remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service (including the Software); or (vi) otherwise use the Software except as expressly allowed under this Section.Services. You consent to receive such communications electronically. You agree to update your contact information to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and 1Life.

c. RELIANCE ON CONTENT, ADVICE, ETC. Opinions, advice, statements, offers, or other information or Content made available through the Service, are those of their respective authors, and should	If you later decide that you do not necessarily be relied upon. Such authors are solely responsible for such Content. The Companies do not: (i) guarantee the accuracy, completeness,want to receive certain future communications electronically, please send an email to admin@onemedical.com or usefulnessa letter to One Medical, 130 Sutter Street, San Francisco, CA 94104. You may also opt out of any third party Content on the Service,certain electronic communications through your account or (ii) adopt, endorse or accept responsibility forby following the accuracy or reliabilityunsubscribe instructions in any communication you receive from 1Life. Your withdrawal of any opinion, advice, or statement made by any party that appears on the Service. Under no circumstancesconsent will the Companies or their affiliates be responsible for any loss or damage resulting fromeffective within a reasonable time after we receive your reliance on third-party information or other Content posted on the Website or the App or transmitted to or by any Users via the Service.withdrawal notice described above.

CONTENT POSTED BY YOU TO THE SERVICE	1Life will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – e.g., communications regarding updates to the Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by, you. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.

	We may, in our sole discretion, permit Users to publicly post, upload, publish or transmit Content through the Service (the "USER CONTENT"). We will have no obligations with respect to User Content. By making any User Content available through the Service, you hereby grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, disclose, distribute, incorporate, modify, publicly display, publicly perform and create derivative works based upon your User Content and all data, images, sounds, text, and other things embodied therein only in connection with operating and providing the Service to you. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Service, nor any use of your User Content by us on or through the Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. The Companies do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. You will not provide inaccurate, misleading or false User Content to the Companies via the Service. If the User Content you provided to the Companies subsequently becomes inaccurate, misleading or false, you will promptly notify the Companies of such change.8. INTELLECTUAL PROPERTY RIGHTS

	a. You understand	1Life and agree thatour licensors retain all ownership rights, title and interest (including all intellectual property rights) worldwide to the Companies reserve the rightServices, including to reviewall software and delete any User Content, in each case in whole or in part, for any reason including if, in the sole judgment of the Companies, the User Content (i) violates these Terms or might be fraudulent, false, misleading, deceptive, defamatory, discriminatory, offensive, illegal; or (ii) might violate, or encourage any conduct that would violate, any applicable law, regulation or thecontent. No rights of others, or cause harm or threaten the safety of Users or others. The Companies have the rightare granted to investigate violations ofyou other than as expressly set forth in these TermsTerms. All trademarks, service marks and trade names are owned by 1Life or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the law.other respective owners.

	b. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Consent (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist in the Service. We are not responsible or liable for the removal or deletion or for the failure to remove or delete any of your User Content.9. DISCLAIMERS

c. Your use of the Service must be in accordance with any and all applicable laws and regulations.	TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF OR INABILITY TO USE THE SERVICES, OR RESULTING FROM ANY CONTENT POSTED ON THE SERVICES.

d. You may not engage in advertising to, or solicitation of, other Users. Although the Companies cannot monitor the conduct of its Users, it is also a violation of these Terms to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without the User’s prior explicit consent.	TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

PROHIBITED ACTIVITIES	Any general advice that may be posted on the Services is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the general information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require medical advice, you should consult with an appropriately trained and qualified medical services provider.

	The following is a partial list ofServices are intended for use only within the type of actionsUnited States and its territories. We make no representation that you may not engage in with respectthe Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Services from outside the Service:U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.

You will not post, distribute, or reproduce in any way any User Content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity;10. LIMITATION OF LIABILITY

	 You will not express or imply that any statements you make are endorsed by the Companies;
	 You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, "data mine", or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Service or its contents;
	 You will not interfere, access, tamper with or disrupt the Service, Website or App or the servers or networks connected to the Service, Website, or App;
	 You will not attempt to probe, scan or test the vulnerability of any 1Life Healthcare or One Medical Group system or network or breach any security or authentication measures;
	 You will not send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
	 You will not use any meta tags or other hidden text or metadata utilizing the Companies’ trademarks, logos, URLs or product names without the Companies’ express written consent;
	 You will not use the Service, Website, App or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
	 You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
	 You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
	 You will not use, display, "frame" or "mirror" any part of the Service, the Companies’ names, any Companies’ trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from the Companies. You also shall not use meta tags or code or other devices containing any reference to the Companies or the Service in order to direct any person to any other web site for any purpose; and
	 You will not collect or store any personally identifiable information from Users without their express permission.	TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE SERVICES WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 OR THE AMOUNTS PAID BY YOU TO US FOR ACCESS TO AND USE OF SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SUBSCRIPTIONS; CHARGES ON YOUR BILLING ACCOUNT11. EXCLUSIVE REMEDY

	a. GENERAL; ANNUAL MEMBERSHIP FEE. For our paid subscribers, payments of	If you are dissatisfied with the Annual Membership Fee will be charged toServices, your online account that you establish for use of the Service (your "BILLING ACCOUNT"). You agreeSOLE AND EXCLUSIVE REMEDY is to paystop using the Companies all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account,Services and you authorize the Companies to chargecancel your chosen payment provider (your "PAYMENT METHOD") for the Service. You agree to make payment using that selected Payment Method. The Companies reserve the right to correct any errors or mistakes that they make even if they have already requested or received payment.account (if applicable).

b. RECURRING BILLING. Most subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into these Terms, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation or termination. THE COMPANIES MAY MAKE PERIODIC CHARGES (E.G., ANNUALLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY THE COMPANIES) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED TO YOU FOR MEDICAL SERVICES PERFORMED BEFORE THE COMPANIES REASONABLY COULD ACT AFTER RECEIPT OF SUCH NOTICE. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, PLEASE CONTACT THE COMPANIES AT ADMIN@ONEMEDICAL.COM.

c. CURRENT INFORMATION REQUIRED. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY THE COMPANIES IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE THROUGH YOUR ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE THE COMPANIES ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT THE COMPANIES MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY THE COMPANIES).

	d. PAYMENT METHOD. If the Companies do not receive payment from the third party services provider who manages your Payment Method ("PAYMENT METHOD PROVIDER"), you agree to pay all amounts due on your Billing Account upon demand. You agree that your Payment Method Provider may impose terms and conditions on you, which are independent of these Terms and you agree to comply with all of those terms.

	e. CHANGE IN AMOUNT AUTHORIZED. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. If you do not agree with the new amount in the notice, you will have an opportunity to cancel the transaction by contacting the Companies at admin@onemedical.com. As noted above, any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that the Companies may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

f. AUTO-RENEWAL. YOUR PAID SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED, AT THE THEN-CURRENT NON-PROMOTIONAL SUBSCRIPTION RATE. IF YOU CANCEL YOUR SUBSCRIPTION, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM AND YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. HOWEVER, YOU WON'T BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD.

g. REAFFIRMATION OF AUTHORIZATION. YOUR NON-TERMINATION OR CONTINUED USE OF THE PAID SUBSCRIPTION FEATURES OF THE SERVICE REAFFIRMS THAT THE COMPANIES ARE AUTHORIZED TO CHARGE YOUR PAYMENT METHOD. THE COMPANIES MAY SUBMIT THOSE CHARGES FOR PAYMENT AND YOU WILL BE RESPONSIBLE FOR SUCH CHARGES. THIS DOES NOT WAIVE THE COMPANIES’ RIGHT TO SEEK PAYMENT DIRECTLY FROM YOU. YOUR CHARGES MAY BE PAYABLE IN ADVANCE, IN ARREARS, PER USAGE, OR AS OTHERWISE DESCRIBED WHEN YOU INITIALLY SUBSCRIBED TO THE SERVICE.

h. FREE TRIALS AND OTHER PROMOTIONS. ANY FREE TRIAL OR OTHER PROMOTION THAT PROVIDES PAID SUBSCRIBER-LEVEL ACCESS TO THE SERVICE MUST BE USED WITHIN THE SPECIFIED TIME OF THE TRIAL. IF YOU DO NOT WISH TO CONTINUE YOUR MEMBERSHIP, YOU MUST CANCEL YOUR TRIAL SUBSCRIPTION BEFORE THE END OF THE TRIAL PERIOD IN ORDER TO AVOID BEING CHARGED A SUBSCRIPTION FEE. IF YOU CANCEL PRIOR TO THE END OF THE TRIAL PERIOD AND ARE INADVERTENTLY CHARGED FOR A SUBSCRIPTION, PLEASE CONTACT CUSTOMER CARE AT ADMIN@ONEMEDICAL.COM.

APPOINTMENTS: MISSED/LATE CANCELLATION

	You understand and agree that if you do not show for your appointment or you cancel your appointment with less than 24 hours’ notice, the Companies may charge you a fee for a missed/late cancelled appointment.

MODIFICATIONS TO SERVICE

	The Companies reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Companies shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

BLOCKING OF IP ADDRESSES

	In order to protect the integrity of the Service, the Companies reserve the right at any time in their sole discretion to block Users from certain IP addresses from accessing the Service.

COPYRIGHT POLICY

	The Companies respect copyright law and expect their Users to do the same. It is the Companies’ policy to terminate in appropriate circumstances Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see the Companies’ Copyright Policy in our Website Terms of Use.

PRIVACY

	For information on how we collect, use and disclosure information from our Users, please refer to our Privacy Policy and our HIPAA Policy, which are incorporated by reference as though fully set forth herein.

DISCLAIMERS

	The Companies are not responsible for any incorrect or inaccurate Content posted on the Service, including User Content. The Companies are not responsible for the conduct, whether online or offline, of any User. The Companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any Communication. The Companies are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users’ or to any other person's computer related to or resulting from participating or downloading materials in connection with the Service. Under no circumstances will the Companies or any of their affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service, any Content posted on the Service or transmitted to Users, or any interactions between Users of the Service, whether online or offline. THE SERVICE IS PROVIDED "AS-IS" AND THE COMPANIES EXPRESSLY DISCLAIM ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Companies cannot guarantee and do not promise any specific results from use of the Service.

	In addition to the preceding paragraph and other provisions of these Terms, any general advice that may be posted on the Website, the App or the Service is for informational purposes only and is not intended to replace or substitute for any medical or other advice. The Companies make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or affect on any person following the general information offered or provided within or through the Website, the App or the Service. If you have specific concerns or a situation arises in which you require medical advice, you should consult with an appropriately trained and qualified medical services provider.

	The Companies make no representation that the Service is appropriate, or is available for use outside the U.S. Access to and use of the Service where the access or use of the Service is illegal is prohibited. Those who choose to access and use the Service from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.

PERMISSION TO TREAT/TELEHEALTH MEDICAL TREATMENT

	By clicking "Accept" during the account registration process, you give permission to the health care providers of One Medical Group to medically care for you in person, and, if applicable, by Telehealth (defined below), as applicable and appropriate. You may withdraw this consent at any time by both terminating your account and no longer seeking care from One Medical Group.

	You understand that part of the subscription Service requires release of your personal health information, including test results, to an online personal health record (in accordance with our HIPAA Policy) and communication with the One Medical Group healthcare team electronically via the Service or the App. You consent to receive emails or other communications from us pertaining to your care and your health (such as automated health reminders).

	You understand that virtual encounters with One Medical Group or our Telehealth services via phone, email, the App or otherwise, could involve, and you hereby consent to the use of, automated tools for diagnosis, care, treatment or communication pertaining to healthcare matters. You also acknowledge that such virtual encounters with One Medical Group may be provided by a variety of healthcare providers, including physicians, Registered Nurses, Nurse Practitioners, phlebotomists, and other support or medical personnel.

	This Website, the App and Telehealth services are NOT appropriate for emergency or urgent medical matters. You agree that for all urgent or emergency matters that you believe may immediately affect your health, you will immediately contact your medical services provider, call 911 or go to an emergency room at a local hospital facility.

	"TELEHEALTH" is the delivery of healthcare services using technology when the healthcare provider and patient are not in the same physical location, and/or the virtual delivery of healthcare services, including by a medical provider or via digital or automated tools, including without limitation tools for medical or health-related diagnosis and treatment. Telehealth may be used for diagnosis, treatment, follow-up and/or patient education, and may include, without limitation, the following: electronic transmission of patient medical records, medical images, or other patient data; synchronous (i.e., "real time") and asynchronous (i.e., non-"real time") interactions via audio, video, and/or data communications; automated or digital tools for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output data from medical devices, sound and video files. Further, you understand that it may be possible that your condition cannot be treated via Telehealth, or that information transmitted through Telehealth may not be sufficient or of too poor of image quality, or insufficient information or data to allow for appropriate medical decision making. Accordingly, you may be required to seek additional in-person medical care, alternative healthcare or emergency services. You agree that if your health or medical problem or condition persists after use of Telehealth via this Site or the App, you will immediately contact your medical services provider and seek appropriate additional in-person medical care or emergency care, as appropriate.

COMPLEMENTARY SERVICES DISCLAIMER

	You understand that methods of treatment for One Medical Group’s Complementary and Alternative Medicine ("CAM") services may include, but are not limited to: acupuncture, moxibustion, cupping, electrical stimulation, Tui-Na (Chinese massage), Chinese herbal medicine, chiropractics, and nutritional counseling.

	 Chiropractic medicine is generally a safe method of treatment, but it may have side effects, including strokes, dislocations, and pains.
	 Nutrition consultation services are not licensed by most states in the U.S. The methods of evaluation employed, which may include diet, supplementation, and assessment analysis, are not intended to diagnose disease.
	 Acupuncture is generally considered a safe method of treatment, but it carries risks and may have side effects, including without limitation, bruising, numbness, or tingling near the needling sites that may last a few days, and dizziness or fainting. Bruising is a common side effect of cupping.
	 Unusual risks of acupuncture include spontaneous miscarriage, nerve damage and organ puncture, including lung puncture (pneumothorax). Burns are a potential risk of moxibustion.
	 Herbs and nutritional supplements recommended are traditionally considered safe in the practice of Chinese Medicine, although some may be toxic in large doses. You acknowledge that you understand that some herbs may be inappropriate during pregnancy. Some possible side effects of taking herbs include, but are not limited to, nausea, gas, diarrhea, and hives. You acknowledge that you understand that the herbs should be consumed according to the instructions provided verbally and in writing. The herbs may have an unpleasant taste or smell.

	You acknowledge that you understand that while this section describes the major risks of treatment, other side effects and risks may occur.

	You will immediately notify the provider who is caring for you if you are or become pregnant, as this may affect your treatment protocol. You will consult with a medical physician to be screened for any predispositions to injuries and risks in regard to any of the CAM treatments.

	You will consult with a medical physician to address serious health concerns and to avoid any contraindications.

	You understand that the Complementary and Alternative Medicine modalities are not a substitute for allopathic medical care and the CAM providers cannot anticipate all possible risks and complications of treatment. You will immediately notify your provider of any unanticipated or unpleasant effects associated with any of your CAM treatments.

	You hereby give consent to any of the CAM providers at One Medical Group to assess and care for your present condition and any other future conditions for which you seek attention via the Service.

LINKS AND THIRD PARTY APPLICATIONS

	The Service may provide, or third parties may provide, links to other sites or other online resources. In addition, our Website or App may also integrate third-party applications, products or services (the "THIRD PARTY APPLICATIONS"), which may have access to your data and protected health information ("PHI"). These third parties are not affiliated with us and may have different policies with respect to handling your data and PHI, and use of such Third-Party Applications is subject to their applicable terms and conditions and privacy policies. We are not responsible for and do not make any representations or warranties with respect to any third party technology or Third Party Applications, or the actions or inactions of such third parties, accessible via the App, Service or the Website. Any purchase by you of any Third Party Applications or any exchange of data or other interaction between you and a provider of a Third Party Application is solely between you and the applicable third-party service provider.

	Because the Companies have no control over such Third Party Applications and third-party sites and resources, you acknowledge and agree that the Companies are not responsible for the availability, quality, accuracy, integrity, safety, reliability or legality of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Applications, sites or resources. You further acknowledge and agree that the Companies shall not be responsible or liable, directly or indirectly, for any damage, harm, injury or loss of any kind caused or alleged to be caused by or in connection with the purchase, use of, download, installation or reliance upon, any such content, goods or services available on or through any such site, Third Party Application or resource.

	We do not endorse and are not responsible for the information and security practices or privacy policies of Third Party Applications or web sites operated by others that may be linked to or from the Service, Website or App. No web sites that link to the Service may frame or otherwise incorporate the Content on the Service.

LIMITATION ON LIABILITY

	TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANIES (OR THEIR EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, BODILY INJURY OR DEATH, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, APP, SERVICE OR SOFTWARE, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF THE COMPANIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANIES’ LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE WEBSITE, APP, SERVICE OR SOFTWARE, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF USD $100.00 OR THE AMOUNTS PAID BY YOU TO THE COMPANIES FOR ACCESS TO AND USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

U.S. EXPORT CONTROLS

	You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Software nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Service, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

DISPUTE12. DISPUTE RESOLUTION

	GOVERNING LAW

	These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.

AGREEMENT TO ARBITRATE

	You and the Companies agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the ServiceServices (collectively, "DISPUTES")“Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court,court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an ("IP PROTECTION ACTION"). Without limiting the preceding sentence, you“IP Protection Action”). You will also have the right to litigate any other Dispute if you provide the Companiesus with written notice of your desire to do soopt out of arbitration (“Arbitration Opt-out Notice”) by email or regular mail at terms@onemedical.com or One Medical Group,by regular mail to 1Life Healthcare, Inc., 130 Sutter Street, San Francisco, CA 94104 within thirty (30) days following the date you first accept these Terms (such notice,Terms, or if you have not registered for an "ARBITRATION OPT-OUT NOTICE").account, then within thirty (30) days following the date you first use our Services. If you don’t provide the Companiesus with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide the Companiesus with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide the Companiesus with an Arbitration Opt-out Notice, YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Companies otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in the Northern District of California. All other claims will be arbitrated. This "Dispute Resolution"“Dispute Resolution” section will survive any termination of these Terms.

ARBITRATION RULES

	The arbitration will be administered by the American Arbitration Association ("AAA")(“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA RULES")“AAA Rules”) then in effect, except as modified by this "Dispute Resolution"“Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

ARBITRATION PROCESS

	A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for Demand for Arbitration for California residents. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

ARBITRATION LOCATION AND PROCEDURE

	Unless you and the Companies otherwise agree,agree with us otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and the Companies submitare submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

ARBITRATOR'S DECISION

	The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the "Limitation“Limitation of Liability"Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses,expenses to the extent provided under applicable law. The CompaniesWe will not seek, and hereby waive all rights theywe may have under applicable law to recover, attorneys’ fees and expenses if theywe prevail in arbitration.

FEES

	Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, the Companieswe will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

CHANGES

	Notwithstanding anything to the contrary in these Terms, if the Companieswe change this "Dispute Resolution"“Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms),or access our Services, you may reject any such change by sending us written notice (including by email to terms@onemedical.com) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above“Effective Date” listed at the beginning of these Terms or in the date of the Companies’our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and the Companiesus in accordance with the provisions of this "Dispute Resolution"“Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

INDEMNITY BY YOU

	You agree to defend, indemnify and hold the Companies, their subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including, without limitation, reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above.

NO THIRD PARTY BENEFICIARIES

	You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.

WAIVER AND SEVERABILITY

	The failure of the Companies to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Companies. Except as expressly set forth in these Terms, the exercise by any party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

ENTIRE AGREEMENT

	These Terms constitute the entire and exclusive understanding and agreement between the Companies and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Companies and you regarding the same.

ASSIGNMENT

	You may not assign or transfer these Terms, by operation of law or otherwise, without the Companies’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The Companies may assign or transfer these Terms, at their sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.accessed our Services.

NOTICES13. LINKS TO THIRD PARTY WEBSITES

	Any notices or	The Services may contain links to other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writingsites that are owned and givenoperated by third parties. We are not responsible for the Companies (i) via email (in each case to the address that you have provided);privacy and services practices or (ii) by posting to the Websitecontent, advertising, products, services or the Appother materials made available on or viathrough any such linked sites. We provide these links to you only as a convenience, and the Service. For notices madeinclusion of any link does not imply endorsement of any kind by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.us.

CONTACT INFORMATION14. GENERAL PROVISIONS

	If	 These Terms make up the entire agreement relating to your use of the Services, and supersede all prior agreements relating to the subject matter hereof.
	 These Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions.
	 We may change, suspend, or discontinue any of the Services at any time. We will try to give you haveprior notice of any questions aboutmaterial changes to the Services. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
	 These Terms do not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under these Terms to anyone else without our consent. 1Life may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
	 We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”) about the Service, please contactServices. You should know that we can, but are not obligated to, use your Feedback without restriction or any obligation to compensate you, and we have no obligation to keep them confidential.
	 Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination.
	 In order to protect the Companiesintegrity of the Services, we may, at terms@onemedical.com.any time in our sole discretion, block users from certain IP addresses from accessing the Services.

	I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.	If you have any questions about these Terms, please contact terms@onemedical.com.

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