It is your responsibility to verify all information directly. Use of this application acknowledges that any loss or damage of any kind that occurs as a result of the use of this applications, messages, or content are solely your responsibility.
You agree not to access or use the Application in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes Company’s policies. If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or the Application (“Submissions”), you agree not to provide any Submissions that include (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. Company shall have a royalty-free, irrevocable, transferable right and license to use the Submissions however Company desires, including, without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works therefrom and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. Company is and shall be under no obligation to (i) maintain any Submissions in confidence; (ii) to pay you any compensation for Submissions; or (iii) to respond to any Submissions. For the avoidance of doubt, any PHI provided by you pursuant to your use of the Application is and shall not be considered a Submission.
You shall not attempt to disrupt the operation of the Application through use of methods such as viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Application in any manner that could damage, disable or impair Company’s services or networks. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Application for any purpose. Violations of system or network security may result in civil or criminal liability. Company 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.
Areas of the Application may contain links to other web sites. Please note that when you click on any of these links, you are entering another web site for which we have no responsibility or control. We encourage you to read the terms and conditions, data-gathering practices and privacy policies of all linked sites as they may materially differ from ours. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on this site. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses and other destructive items.
All of the content available on or through the Application, including without limitation the files, documents, text, photographs, images, audio and software, and any materials accessed through or made available for use or download through the Application (collectively, “Content”) is the property of Company or our licensors, suppliers or providers and is protected by copyright, trademark, patent, trade secret and other intellectual property law. We give you (a) a personal, limited, revocable, non-transferable and non-exclusive right and license to use the Content available on the Application solely insofar as it may facilitate your access and use of the Application, and (b) permission to display, download, store and print the Content contained on the Application only for your personal, non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Application. Any copy made of information obtained through the Application must include the copyright notice.
All Company trade and service names are trademarks of Company or its affiliates. All other brands and names are the property of their respective owners. Nothing contained in the Application should be construed as granting any license or right to use any trademark displayed on the Application without the express written permission of Company or such third-party that may own the trademark.
The license granted herein does not permit you, and you agree not to: (a) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Application or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Application; (b) transfer, distribute, sell, lease, rent, disclose or provide access to the Application to any third party; or (c) frame or utilize framing techniques to enclose, or deep link to, any name, trademark, service marks, logo, Content or other proprietary information of Company.
ACCESS TO THE APPLICATION AND THE INFORMATION CONTAINED ON THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE APPLICATION, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT ACCESS TO THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES COMPANY MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, TIMELINESS, RELIABILITY, SUITABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE APPLICATION OR ANY OF THE INFORMATION CONTAINED THEREON. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO COMPANY AND THE APPLICATION OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE APPLICATION CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. COMPANY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET.
THE ABOVE DISCLAIMER IS MADE SOLELY WITH RESPECT TO THE APPLICATION AND THE CONTENT MADE AVAILABLE THEREON. THE ABOVE DISCLAIMER DOES NOT PURPORT TO DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR MEDICAL ADVICE DISPENSED BY ANY PARTICULAR HEALTH CARE PROVIDER TO YOU.
IN THE EVENT OF ANY PROBLEM WITH THE APPLICATION OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE APPLICATION. UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ANY OF ITS LICENSORS, SUPPLIERS OR PROVIDERS BE LIABLE IN ANY WAY FOR YOUR USE OF THE APPLICATION OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SERVICES.
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS LICENSORS, SUPPLIERS OR PROVIDERS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE APPLICATION, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY RELEASE AND HOLD COMPANY AND ITS LICENSORS AND SUPPLIERS AND PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE APPLICATION. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
Company may suspend or terminate your access to the Application at any time, for any reason or for no reason at all. Company has the right (but not the obligation) to refuse to provide access to the Application to any person, agency or organization, or to prohibit any person, agency or organization from using the Application, at any time, for any reason or for no reason at all, in our sole discretion.
You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the services (collectively, “Notices”). We can send you electronic Notices (a) to the e-mail address that you provided to us during registration, or (b) by posting the Notice on the Application or otherwise through the site. The delivery of any Notice from us is effective when sent or posted by us, regardless of whether you read the Notice when you receive it or when posted or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the Application.
Notwithstanding anything to the contrary herein, the terms of this Section M. govern your acquisition and use of the Application.
Third Party Accounts. In order to download the Application, you may be required by the third party who is distributing or providing you access to the Application, such as Apple, Inc. (each, a “Distributor”) to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Distributor. Your use of any account with a Distributor is subject to any terms, conditions, and policies, including privacy policies, of that Distributor. Company is not responsible for any act or omission of any Distributor.
Access to the Application; Third Party Fees. Company does not provide you with the equipment to use the Application. You are responsible for all fees charged by third parties to access and use the Application (e.g., charges by mobile carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any carrier service plan you use in connection with your use of the service (such as voice, data, SMS, MMS, roaming, other applicable fees charged by the carrier). Accordingly, you should use care in selecting a service plan offered by your carrier. If your device is lost or stolen, you must notify Company immediately to suspend services.