Terms of Service

These terms and conditions of use ("Terms of Service" or "Terms") govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Fortuna Health, Inc. ("Fortuna," "we," or "us"), including the https://www.fortunahealth.com/ website (collectively, the "Site"), as well as the services available to users through the Site. The terms "you" and "your" means you, your dependent(s) if any, and any other person accessing your Fortuna account and/or visiting the Site.

Your acceptance of, and compliance with, these Terms of Service is a condition to your use of the Site and Services. By accessing the Site, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Service and our Privacy Policy . If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.

Fortuna reserves the right to modify these Terms of Service at any time, effective upon posting. Any use of this Site after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Service each time you access this website so that you may be aware of any changes to these Terms.

FORTUNA SERVICES; NOT FOR USE IN CASE OF EMERGENCY

Fortuna streamlines the Medicaid eligibility determination and the application processes (the "Services"). Fortuna may provide these Services in a number of ways, including: (1) through licensed or certified healthcare navigators or assistors employed by or contracted with Fortuna; (2) by acting as a licensed insurance broker or agent (in certain U.S. states); and/or (3) by acting as the authorized representative of individuals (in certain U.S. states). This Site is not intended as a solicitation for insurance in any state or province where Fortuna is not appropriately licensed. THERE IS NO GUARANTEE THAT: (1) A DETERMINATION OF ELIGIBILITY BY FORTUNA WILL RESULT IN YOUR ENROLLMENT IN MEDICAID OR ANY OTHER HEALTH PLAN; (2) YOUR MEDICAID APPLICATION WILL BE APPROVED BY THE RELEVANT STATE AGENCY; OR (3) FORTUNA WILL BE ABLE TO SUCCESSFULLY CONNECT WITH YOUR ACCOUNT WITH YOUR STATE OR LOCAL AGENCY. Rather, completion of the Fortuna's registration and application process constitutes a reporting of information by you that will be utilized by Fortuna in prompt efforts to complete and submit the appropriate paperwork to act as your designated broker of record or authorized representative relative to the Services and to:

• complete and submit a Medicaid application to the appropriate State Medicaid agency on your behalf, if you are not currently enrolled in Medicaid; or
• maintain your Medicaid benefits in a legal manner via liaising with the appropriate State Medicaid agency on your behalf.

FORTUNA IS NOT A HEALTH PLAN, INSURANCE PRODUCT, GOVERNMENT AGENCY, OR HEALTH CARE PROVIDER, NOR IS FORTUNA AFFILIATED WITH ANY GOVERNMENT AGENCY (including any entity that makes determinations and takes official actions regarding Medicaid eligibility, enrollment, or renewal). The content of the Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical, legal, or financial advice or recommendations of any kind by Fortuna. IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, YOU SHOULD DIAL "911" IMMEDIATELY.

YOUR GENERAL OBLIGATIONS AND CONSENTS RELATIVE TO THE USE OF THE SERVICES

To utilize Fortuna's Services to apply for Medicaid, you must complete the Account registration and the Medicaid application made available on the Site. After you complete the Medicaid application, you will be asked to designate Fortuna as your broker of record or authorized representative. In insurance, a broker of record is an agent designated by a policyholder to represent and manage the policyholder's insurance policy. Similarly, an authorized representative is a person chosen by an individual to help with insurance-related matters. As either your broker of record or authorized representative, you understand and agree that Fortuna will submit your information to the State Medicaid agency on your behalf.

By using Fortuna's Services, you acknowledge and agree that you are responsible for informing Fortuna of all material updates and changes to the information you initially supplied in the application or during account registration. Material updates and changes would include, but would not be limited to, changes in household size, income, and address. As your authorized representative or broker of record, Fortuna will pass along any such updates to the State Medicaid agency on your behalf. Any effort by Fortuna to assist you in reporting such changes does not constitute a guarantee of the State's receipt of the information. It constitutes a genuine and prompt endeavor on the part of Fortuna to report the changes to the appropriate government entity on my behalf. You understand that you are always able to reach out to the appropriate government entity to manually report any change or for help getting required information, provided you update Fortuna of those efforts.

AVAILABILITY OF SERVICES

Fortuna operates subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.

ELIGIBILITY; SITE ACCESS AND SECURITY

Fortuna's Services are only available through organizations with which Fortuna has partnered (i.e., health systems, health care providers, health plans). Further, Fortuna's Services are only available to individuals 18 years of age and older who are located in a jurisdiction in which the Services are offered. To utilize Fortuna's Services, you agree to fully, accurately, and truthfully create your Fortuna Account ("Account") by providing certain information to Fortuna, including, but not limited to, your name, mailing address, phone number, and income information, as well as your email address and/or phone number, which become your login credentials.

Providing complete and accurate information to Fortuna is critically important. If you knowingly provide inaccurate information to Fortuna, you acknowledge and agree that Fortuna reserves the right to seek recovery of any damages incurred by Fortuna resulting from Fortuna's reliance on such inaccurate information.

The login credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your login credentials, and for all activities that occur under such login credentials. You agree to prohibit anyone else from using your login credentials and agree to immediately notify Fortuna at info@fortunahealth.com actual or suspected unauthorized use of your login credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Fortuna at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Service or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Fortuna will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

CONSENT FOR FORTUNA TO RECEIVE MAIL AND OTHER COMMUNICATIONS ON YOUR BEHALF

As your broker of record or authorized representative, you understand and agree that Fortuna will receive Medicaid-related mail, email, and other communications from the State Medicaid agency on your behalf. By using Fortuna's Services and designated Fortuna as your Authorized Representative or Broker of Designation, you understand and agree that Fortuna's contact information (and not yours) will be provided to the State Medicaid agency. You hereby consent to Fortuna receiving all notices regarding your Medicaid application and/or renewal sent by the State in which you are applying for benefits, as well as other communications sent via email or mail by the State. Fortuna will receive any such mailings at Fortuna's registered office in San Francisco, California.

Mail Authorization

BY DESIGNATING FORTUNA AS YOUR BROKER OF RECORD OR AUTHORIZED REPRESENTATIVE, YOU HEREBY GRANT PERMISSION TO, AND EXPRESSLY AUTHORIZE, FORTUNA (OR ANY SUBCONTRACTOR OF FORTUNA) TO TAKE THE FOLLOWING ACTIONS WITH RESPECT TO MAIL SENT BY THE STATE MEDICAID AGENCY: (A) SCAN AND/OR PHOTOGRAPH THE OUTSIDE OF THE MAIL; (B) OPEN THE MAIL; (C) SCAN AND/OR PHOTOGRAPH THE INTERNAL CONTENTS OF THE MAIL; (D) UPLOAD THE SCANS AND/OR PHOTOGRAPHS OF THE MAIL TO YOUR ACCOUNT; (E) FORWARD YOUR MAIL TO YOUR DESIGNATED ADDRESS; (F) STORE YOUR MAIL; AND/OR (G) SHRED, DESTROY, OR RECYCLE YOUR MAIL.

Scanning Mail

Fortuna (or its subcontractor) will scan your mail and make a digital copy of each mail item available for viewing in your Account within seven (7) days of receipt. You may access your mail on the dashboard of your Account by clicking "See your mail."

Forwarding Mail; Your Choices with Respect to Scanned Mail

Fortuna (or its subcontractor) will automatically forward to you your health insurance ID card, and no action is necessary on your part.

You acknowledge and agree that, upon placement of the forwarded mail in the care of the USPS or other mail-carrying service (e.g., UPS, FedEx), such mail shall be deemed delivered and any and all of Fortuna's responsibilities with respect to such mail shall terminate. You further acknowledge and agree that upon placement of the mail in the care of the USPS or other mail-carrying service, Fortuna is not responsible for such mail, its arrival, and/or the speed of its delivery.

Upon the uploading of scanned mail into your Account, you have twenty-eight (28) days from the date of upload to make any specific requests with respect to certain physical mail items. Your choices for each mail item include: (1) for Fortuna to destroy or discard the physical mail, provided that Fortuna is not otherwise required to retain such physical mail for its records; or (2) for Fortuna to forward the physical mail item to your address. To make a request, please email help@fortunahealth.com. Fortuna will fulfill any such requests within five (5) business days.

Destruction

Upon the submission of an email request to help@fortunahealth.com to destroy a physical mail item, Fortuna (or its subcontractor) will securely destroy (e.g., via shredding or other secure destruction process), the physical item of mail. If you do not make any request with respect to forwarding or destroying physical mail items within twenty-eight (28) days of the date of upload scanned copies of such mail to your Account, Fortuna reserves the right to destroy such physical mail items.

CONSENT TO ELECTRONIC COMMUNICATIONS

When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Fortuna may contact you by telephone, mail, or email to verify your account information or to assist you in completing the account registration process. Fortuna may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.

By providing your email address and/or mobile number, you are agreeing to be contacted by or on behalf of Fortuna at the email address and/or mobile number you have provided, including calls and text messages, to receive informational, Service-related (e.g., progress tracking, reminders, etc.) communications relating to the Site and Services. Message and data rates may apply. To stop receiving text messages from us, reply with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services.

Fortuna is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM ACT") and the Telephone Consumer Protection Act ("TCPA"). Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at info@fortunahealth.com.

You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit Fortuna Services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail ("spamming"); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.

You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet.

PRIVACY PRACTICES

You agree that information provided by you in connection with the Services and Site shall be governed by the Fortuna Privacy Policy , which is hereby incorporated and made a part of this agreement.

INTELLECTUAL PROPERTY RIGHTS

All pages within this Site and any material made available for download are the property of Fortuna, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.

Fortuna retains all right, title, and interest in and to the Site, the Services and any information, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by Fortuna (in that case, the license provider retains all right, title, and interest therein).

You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Fortuna's trademarks, service marks, and logos are strictly prohibited without the prior written permission of Fortuna, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by Fortuna or the third party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.

Fortuna may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

Subject to these Terms of Service, Fortuna grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the Site. Fortuna reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. All rights not expressly granted to you in these Terms of Service are reserved and retained by Fortuna or its licensors, suppliers, publishers, rights holders, or other content providers.

You may provide suggestions, comments or other feedback (collectively, "Feedback") to Fortuna with respect to its Services. Feedback is voluntary. Fortuna may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant Fortuna an irrevocable, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with Fortuna's business, including the enhancement of the Services.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• In any way that infringes or facilitates infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To post or transmit: (a) a message under a false name; or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct.
• To impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Fortuna or users of the Site, or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any device, software, or routine that interferes with the proper working of the Sites.
• Use any meta tags or any other "hidden text" utilizing Fortuna's name or trademarks without the express written consent of Fortuna.
• Harvest or collect personal information about any other individual who uses the Site or the Services.
• Copy, distribute, modify, reproduce, publish, or use, in whole or in part, the Site or Services except for purposes authorized or approved in writing by Fortuna.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services.
• Otherwise attempt to interfere with the proper working of the Site.

ACCURACY OF INFORMATION

Although Fortuna attempts to ensure the integrity and accurateness of the Site and Service descriptions, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Fortuna at info@fortunahealth.com so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Fortuna shall have no responsibility or liability for information or content posted to the Site from any non-Fortuna affiliated third party.

NO FUNCTIONALITY GUARANTEES

Fortuna reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.

LINKS TO THIRD PARTY SITES

Fortuna makes no representations whatsoever about any other website that you may access through this Site. When you access a third party site, please understand that it is independent from Fortuna, and that Fortuna has no control over the content on that website. In addition, a link to a third party website does not mean that Fortuna endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

END USER CONTENT

You have the sole and exclusive responsibility for any content, data, text, software, music clips, sound, video, photographs, graphics, messages, files, or other material that is transmitted, posted or otherwise distributed by you through the Services (hereinafter referred to as "End User Content"), including, but not limited to, the contents of your electronic mail communications and photographs transmitted to Fortuna. As such, you assume sole liability for all End User Content posted by you, whether publicly or privately posted and/or transmitted. Fortuna is not responsible and holds no liability relative to monitoring the End User Content provided, and does not warrant, guarantee or represent, in any way, the accuracy, quality, and/or integrity of the End User Content.

CLAIMS OF COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), if you believe any material accessible on or from the Site infringes your copyright, you may request removal of or access to those materials by submitting written notification (a "DMCA Notice") to our copyright agent designated below:

Cydney Kim
Fortuna Health
169 Madison Ave
STE 2421
New York, NY 10016
Phone: (218) 216-1668
Email: info@fortunahealth.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly and materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable or terminate users who are repeat infringers.

DISCLAIMER OF WARRANTIES

FORTUNA DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. FORTUNA DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. FORTUNA DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO SERVICES OFFERED, SOLD, AND DISTRIBUTED BY FORTUNA ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY FORTUNA OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE SERVICES. FORTUNA DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Fortuna and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney's fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Services or any information posted on the Site; (ii) your breach of the Terms of Service or Privacy Policy; (iii) the content or subject matter of any information you provide to Fortuna or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

LIMITATION OF LIABILITY REGARDING USE OF THE SITE

EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:

FORTUNA IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF FORTUNA TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

ASSIGNMENT

You may not assign, transfer, or delegate the Terms of Service or any part thereof without Fortuna's prior written consent. Fortuna may freely transfer, assign, or delegate all or any part of the Terms of Service, and any rights or duties hereunder or thereunder. The Terms of Service will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

FORCE MAJEURE

We will not be deemed to be in breach of these terms or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, pandemics, strikes, fire or other disaster.

DISPUTE RESOLUTION; ARBITRATION AGREEMENT

We will try work in good faith to resolve any issue you have with Site, including Services provided through the Site, if you bring that issue to our attention. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

You and Fortuna agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Service or your use of the Site, including Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Fortuna are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Service and any other contractual relationship between you and Fortuna.

If you desire to assert a claim against Fortuna, and you therefore elect to seek arbitration, you must first send to Fortuna, by certified mail, a written notice of your claim ("Notice"). The Notice to Fortuna should be addressed to: Attn: Cydney Kim, COO, 169 Madison Ave, Suite 2421, New York, New York 10016 ("Notice Address"). If Fortuna desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Fortuna, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Fortuna and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Fortuna may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Fortuna or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Fortuna receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000.

The arbitration will be governed by the laws of the state of New York, the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Service. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Service, including this arbitration agreement. Unless Fortuna and you agree otherwise, any arbitration hearings will take place in New York, New York. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Fortuna's last written settlement offer made before an arbitrator was selected (or if Fortuna did not make a settlement offer before an arbitrator was selected), then Fortuna will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys' fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND FORTUNA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fortuna agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Service shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in New York.

MISCELLANEOUS TERMS

In the event that any of the Terms of Service are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect. These Terms of Service constitute the entire agreement between Fortuna and you pertaining to the subject matter hereof. In its sole discretion, Fortuna may from time-to-time revise these Terms of Service by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Service, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

HOW TO CONTACT US:

Fortuna Health
169 Madison Ave
STE 2421
New York, NY 10016
Phone: (218) 216-1668
Email: info@fortunahealth.com