Last modified: October 11, 2023

These Terms of Service (“Terms”) are entered into by and between you and Tandem Technology, Inc. and/or Tandem Pharmacy, LLC (collectively, “we,” “Tandem,” “us,” or “our”). These Terms govern your access to and use of withtandem.com (the “Website”) and Tandem’s mobile application, including any content, technology, functionality, and services offered on or through the Website or mobile application (collectively, the “Service”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service, whether as a guest or a registered user.

By accessing or using the Service you agree that you have read and understand these Terms and our Privacy Policy found at www.withtandem.com/pp. If you disagree with any part of the Terms or our Privacy Policy, then you do not have permission to access or use the Service.

We reserve the right to modify these Terms at any time. The date these Terms were last revised is identified at the top of the page. All changes are effective immediately upon posting and, by accessing or using the Service after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Service or otherwise communicated to you.

Privacy Policy

We may collect certain information about you from your access to and use of the Service as described in our Privacy Policy, which is incorporated into these Terms and describes our information collection, use, and sharing practices.

License

Provided you comply with these Terms, Tandem grants you a limited, nonexclusive, revocable, non-assignable, non-transferable, non-sublicensable license to access and use the Service solely for your own personal noncommercial purposes.

Intellectual Property

The Service, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content are and will remain the exclusive property of Tandem or, as applicable, its suppliers, licensors, and partners. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tandem. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Tandem or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Service may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as expressly described in these Terms, no licenses or other rights, express or implied, are granted by Tandem to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Tandem.

Compliance with Laws

In connection with your access to and use of the Service, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.

Restrictions on Your Use of the Service

You may download or print one copy of the Service’s visible content for your own personal, non-commercial use as long as you do not modify or delete any copyright, trademark, or other proprietary notices.

You must not:

• Copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Service or any part of the Service without Tandem’s prior written consent.

• Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Service for purposes of creating or compiling that content for any purpose.

• Access, use, or copy any portion of the Service, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.

• Use the Service to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Service or any computers, hardware, software, system, data, or networks.

• Use the Service for unlawful purposes.

• Engage in activities that aim to render the Service or associated services inoperable or to make their use more difficult.

• Submit inaccurate, incomplete, or out-of-date information via the Service, commit fraud or falsify information in connection with your use of the Service, or act maliciously against the business interests or reputation of Tandem.

• Register for the Service or use the Service outside of the United States.

You warrant that all information you provide to us in connection with your access to and use of the Service is true, accurate, and complete to the best of your knowledge and belief.

Purchases; Payment Information

If you wish to purchase any product or service made available through the Service (“Purchase(s)”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Information about our collection and use of payment-related information is described in our Privacy Policy. If the payment information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your payment method is declined by your financial institution.

You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase. The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Accounts

The Service is offered and available to users who are 18 years of age or older. You may be required to set up an online Tandem account to use certain features of the Service. When you create an account with us, you will be required to submit certain information and will be required to establish a username and password, and by doing so, you warrant that you are above the age of 18.

You are responsible for maintaining the confidentiality of any information you use in connection with the Service, including your username and password. You are responsible for any and all activities or actions that occur under your account and/or password. You must notify us immediately at legal@withtandem.com upon becoming aware of any breach of security or unauthorized use of your account. You will not transfer your Tandem account to or share your Tandem account with any other person. Your Tandem account is personal to you.

Tandem may, for any reason, at any time, and in its sole discretion, suspend, deactivate, or terminate your account or your use of the Service, or terminate these Terms, without notice or liability, including: if you breach these Terms; upon any unauthorized use of your username, password, or Tandem account; if you act in an abusive manner; or if you act in a manner inconsistent with local, state, or federal laws or regulations. If we suspend, deactivate, or terminate your account, you may not create another account without our prior written permission. You may terminate your account at any time by contacting us at support@withtandem.com.

Career Opportunities

The Service may allow you to upload a resume and other materials in connection with posted career opportunities at Tandem. You will not upload a resume or any other materials for any person other than yourself. You warrant that all information contained in any resume or other materials you provide is current, accurate, and complete. Your submission of a job application and your upload of a resume or other materials does not in any way require Tandem to review materials or consider you for employment. Career opportunity descriptions on the Service are subject to change at our sole discretion without notice.

Product & Service Availability

The prices and availability of products and services made available on the Service may change at any time without notice to you. Prices remain valid while they are listed and offered on the Service. Prices will be as posted on the Service as of the date and time of your order, as applicable. Availability of products and services may be limited and products may not be available for immediate delivery. Some products and services may not be available in certain areas.

No Warranty

The Service is provided “as is,” “as available,” and without any warranty of any kind. Neither Tandem nor its affiliates, suppliers, or licensors are responsible for providing maintenance or support services for the Service. Tandem makes commercially reasonable efforts to ensure that all material, data, and other information on the Service is accurate and reliable, but neither accuracy nor reliability can be guaranteed. Tandem does not warrant or guarantee the quality, completeness, timeliness, or availability of the Service. Tandem does not warrant or guarantee that the Service will be uninterrupted or error-free, that any defects in the Service will be corrected, or that the Service or the servers that make the Service available are free of viruses or other harmful conditions or components. Tandem is not responsible for any typographical errors on the Service.

To the extent that information collected through the Service is protected health information, as that term is defined under the health insurance portability and accountability act of 1996 and any regulations promulgated thereunder (“HIPAA”), the information is governed by Tandem’s Notice of Privacy Practices, found at www.withtandem.com/hipaa. We will only access, use, or disclose protected health information as permitted by applicable federal and state laws, including HIPAA.

To the maximum extent permitted by applicable law, Tandem expressly disclaims all warranties of any kind with respect to the Service, including without limitation those regarding availability, quality, accuracy, merchantability, fitness for any use or purpose, compatibility with any standards or user requirements, title, noninfringement, and any arising from a course of dealing or usage in trade. Tandem has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication.

Your use of the Service is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any information from the Service, and any other damage that may be incurred.

By accessing the Service, you acknowledge the information provided on the Website or mobile application, within any of Company’s social media pages or channels, and all of the documentation and literature included with any product identified through the Service, is provided for informational and educational purposes only. In no way is any of the information contained in these Terms or elsewhere on the Website or mobile application intended to be a medical or prescriptive guide or a substitute for informed medical advice or care, nor is it intended to cover all possible uses, directions, precautions, or adverse effects. You should never delay seeking or disregard advice from a medical professional based on something you have read on the Website or mobile application.

Please consult a licensed healthcare professional about potential interactions or other possible complications before using any product. If you are pregnant, nursing, currently taking medications, diagnosed with a heart condition, allergies, or other medical condition, seek the advice and assistance of a licensed healthcare professional before purchasing and using any products ordered through the Service. If you believe or suspect that you have a medical problem, promptly contact your health care provider. Tandem shall not be held liable for medical or other claims made by third parties or customer testimonials relating to the safety, use, or efficacy of any products.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Tandem, its affiliates, or its or their respective directors, officers, owners, employees, contractors, representatives, consultants, agents, suppliers, or licensors (individually a “Tandem Party” and together, “Tandem Parties”) be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, or any other loss or damage of any kind, arising out of or in connection with the Service or your access to or use of, or inability to access or use, the Service (including without limitation the input of personal and other information into the Service), whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if a Tandem Party has express knowledge of the possibility of the loss or damage.

Your sole and exclusive remedy is to stop accessing and using the Service. Without limiting the foregoing, in no event will Tandem Parties’ liability to you exceed $100, even if this remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Tandem Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with your access to or use of the Service, your misuse of any material, data, or other information downloaded or otherwise obtained from the Service, your order of products and services through the Service, or your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

Links to Third-Party Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Tandem. Tandem has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Tandem shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Governing Law; Disputes

These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

Any dispute, controversy or claim arising out of or relating in any way to these Terms, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the Terms, shall be exclusively resolved by binding arbitration upon a either party’s submission of the dispute to arbitration. In the event of a dispute, controversy, or claim arising out of or relating in any way to the Terms, the complaining party shall notify the other party in writing thereof. Within thirty (30) days of such notice, management level representatives of both parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after one (1) year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. The arbitration shall be conducted by JAMS Mediation, Arbitration and ADR Services.

General

Tandem welcomes comments regarding the Service. If you submit comments or feedback to us regarding the Service, they will not be considered or treated as confidential. We may use any comments and feedback that you send us at our discretion and without attribution or compensation to you.

We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. These Terms inure to the benefit of Tandem’s successors and assigns. You may not assign your rights or delegate your duties under these Terms without our prior written consent.

These Terms, including our Privacy Policy, constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by Tandem. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Service.

Tandem will not be liable to you for any delay or other failure to perform under these Terms that is due to causes beyond Tandem’s control, including without limitation acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, other extraordinary elements of nature, telecommunications failures, internet failures, and similar causes and events.

These Terms and any other documentation, agreements, notices, or communications between you and Tandem may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

Contact Us

If you have any questions about these Terms or the Service, please contact Tandem at:

Tandem Technology, Inc.

295 Lafayette St, Floor 7

New York, NY 10012

Email address: support@withtandem.com