Your Relationship with the Company. (a) Have you or any of your affiliates, officers, directors or principal equity holders (owners of 5% or more of the equity securities of the undersigned) held any position or office or have you had any other material relationship with the Company (or its predecessors or affiliates) within the past three years? o Yes. o No.
(b) If your response to Item 2(a) above is yes, please state the nature and duration of your relationship with the Company:
Your Relationship with the Company a. The Company, on its own behalf and on behalf of one or more professional corporations incorporated, formed or authorized in one or more states and for which Company provides administrative services, including but not limited to OpenLoop Healthcare Partners California, PC, OpenLoop Healthcare Partners, PC, INC, OpenLoop Healthcare Partners New Jersey Professional Corporation, OpenLoop Healthcare Partners, Wisconsin, S.C., OpenLoop Healthcare Partners Colorado, PC, REZILIENT OLH, PA, REZILIENT OLH ALABAMA, S.C., Rezilient OLH, COLORADO, PA, REZILIENT OLH NEW JERSEY, PA, REZILIENT OLH WISCONSIN, S.C., Reliant MD Medical Associates PLLC) (collectively, the “Professional Entities”), makes certain information available to you regarding remote weight loss treatment programs and facilitates your access to telemedicine and expert medical services provided by the Professional Entities . Our Privacy Policy, which may be found at xxxxx://xxxxxxxxxx.xxx/privacy-policy, details how we may use, share and maintain any information that you provide to us or to the Professional Entities. The Company’s role is limited to making such information available to you and/or facilitate your access to the Services, on behalf of the Professional Entities as their “business associate” as that term is defined under the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”). The Company is independent from the Professional Entities and the healthcare providers that may provide you with telehealth services through the Professional Entities. The Company is not responsible for the Professional Entities’ acts, omissions or for any content of the communications made by them to you. The Company does not engage in the practice of medicine or provide any other health services.
b. The Company itself does not offer any diagnosis or treatment. ALL INFORMATION PROVIDED ON THIS SITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY THE COMPANY IS INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY AND IS IN NO WAY INTENDED TO CREATE A PROVIDER-PATIENT RELATIONSHIP OR SUPPLANT OR REPLACE YOUR EXISTING PROVIDER-PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. USE OF THE SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT AND RELIANCE ON ANY INFORMATION PROVIDED BY THE COMPANY IS SOLELY AT YOUR OWN RISK.
Your Relationship with the Company. 8.2.1. You acknowledge and agree that the Company’s provision to you of the PICKUP App and PICKUP Services creates a direct business relationship between the Company and you. The Company does not, and shall not be deemed to, direct or control you generally or your performance under this Agreement specifically, including in connection with your provision of Delivery Services, your acts or omissions, or your operation and maintenance of your Vehicle. You retain the sole right to determine when, where, and for how long you will utilize the PICKUP App or PICKUP Services. You retain the option to accept or to decline or ignore a PICKUP User’s request for Delivery Services, or to cancel an accepted request for Delivery Services, subject to the Company’s then-current cancellation policies. You further acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities. You further acknowledge that you retain the right to: (1) use engage in other delivery opportunities outside the use of the PICKUP App; and (2) engage in any other occupation or business. The Company retains the right to deactivate or otherwise restrict you from accessing or using the PICKUP App or PICKUP Services in the event of a violation or alleged violation of this Agreement, your disparagement of the Company, your act or omission that causes harm to the Company’s brand, reputation, and/or business as determined by the Company in its sole discretion. This includes any act or omission which contradicts and/or does not conform with the Company’s business philosophy as described in Section 2.0.
8.2.2. Except as otherwise expressly provided herein with respect to the Company as the limited payment collection agent solely for the purpose of collecting payment(s) from PICKUP Users on your behalf, the relationship between the parties under this Agreement is solely that of independent contracting parties. The parties expressly agree that: (1) this Agreement is not an employment agreement, nor does it create an employment relationship, between the Company and you; and (2) no joint venture, partnership, or agency relationship exists between the Company and you.
8.2.3. You have no authority to bind the Company, its directors, officers, agents, or employees and you undertake not to hold yourself out as an employee, agent, or authorized representative of the Company. Where, by implication of mandatory law or otherwise, you may be deemed...
