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Cue Health Inc. Website Privacy Policy

These Terms and Conditions of Use (the “Terms of Use”) apply to the Cue web site located at www.cuehealth.com (the “Site”). The Site is the property of Cue Health Inc. (“Cue”). By accessing or using this Site, you agree to the following terms and conditions. You should carefully review and consider these terms and conditions. If you do not agree to all of these terms and conditions, you should not access or otherwise use this Site. Your use of this Site constitutes your acceptance of these terms and conditions.

Cue may modify these terms and conditions, impose limits on features, or restrict access to this Site, in whole or in part, at any time and in its sole discretion and without liability. Any modifications to this Site will be effective when posted on this Site. Your continued use of this Site constitutes acceptance of these terms and conditions, as modified from time to time. As long as you comply with these Terms of Use, Cue grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

COVID-19 Test Resources

The information on the https://www.cuehealth.com/covid-19 page is provided for our customers and includes the federal Food and Drug Administration (“FDA”) Emergency Use Authorization for the Cue COVID-19 Test, the Instructions for Use (“IFU”), the Patient Fact Sheet, the Healthcare Provider Fact Sheet, and other guides and reference materials to help customers use the Cue COVID-19 Test. You may use this information on the Cue COVID-19 Test purposely made available by Cue for downloading from the Site, provided that you (1) make no modifications to any such information, and (2) not make any additional representations or warranties relating to such documents. Cue will update this information from time-to-time, as updated documents are approved by the FDA.

Other Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, selection, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Cue, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

All website Content is Copyright 2020, Cue Health Inc. All rights reserved.

Except for the rights granted in these terms and conditions, no Content on this Site may be copied, distributed, displayed, modified, reproduced, performed, published, posted, or reverse engineered in whole or in part in any way, stored or transmitted by any means, including, but not limited to, electronic, mechanical, scanning, photocopying, or recording, without Cue’s prior written consent. Any unauthorized reproduction, retransmission or other use is strictly prohibited.

The trademarks, service marks, trade names, trade dress, and products (“items”) in this website are protected in the United States and internationally. No use of any of these items may be made without the prior written authorization of Cue except as otherwise permitted herein. Cue actively enforces its intellectual property rights to the fullest extent of the law.

Not a Source of Medical Advice

The Content of this Site is presented in summary form, is general in nature, and is provided for informational purposes only; it is not intended nor recommended as a substitute for professional medical advice.

Trademark Notice

The Cue logo and names of Cue products or services displayed on this Site are registered trademarks or trademarks owned by Cue in the United States and certain other countries.

No license to use any of Cue’s trademarks is given or implied by use of or access to this Site. Site users are not permitted to use our trademarks without Cue’s prior written consent.

Disclaimer and Limit on Damage

THE INFORMATION AVAILABLE ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, CUE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. CUE DOES NOT REPRESENT, WARRANT OR PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS SITE WILL PROVIDE SPECIFIC RESULTS. CUE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT, (II) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (III) BUGS, VIRUSES, WORMS, TROJAN HORSES, SPYWARE, OR ANY OTHER MALWARE OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, OR (IV) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY INFORMATION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE BY OR THROUGH THIS SITE. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CUE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR AS A RESULT OF THESE TERMS AND CONDITIONS, THE USE OR INABILITY TO USE THIS SITE, OR THE CONTENTS OF THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CUE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Third Party Content

No warranties, whether express, implied, or otherwise may be attributed to Cue based upon the presence of any externally directed hyperlink on this website. Links to third party websites or content are provided for convenience only. We do not express any opinion regarding any third party content and any link thereto shall not imply any affiliation, sponsorship, endorsement, or acceptance of any information or views provided on those third party websites. You also understand that Cue cannot and does not represent or warrant that any software or other material available from the website or other linked sites will be free of infection, viruses, or other code that manifest contaminating or destructive properties. You assume total responsibility and risk for your access and use of the website, including your responsibility to evaluate the accuracy, completeness, and usefulness of all material provided through the website. Cue expressly disclaims any liability for all third party information or its use.

Indemnity

You agree to indemnify, defend, and hold harmless Cue, its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the website from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any information you provide or from any violation of this Agreement by you.

Violation of Terms of Use

Cue may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Cue’s rights or property, or the rights or property of visitors to or users of the Site, including Cue’s customers. Cue reserves the right at all times to disclose any information that Cue deems necessary to comply with any applicable law, regulation, legal process or governmental request.

You acknowledge and agree that Cue may preserve any transmittal or communication by you with Cue through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Cue determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Cue, its employees, users of or visitors to the Site, and the public.