IMPORTANT! READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING THE APP CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THE APP IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE THE APP.THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE APP OWNER’S LIABILITY TO YOU.
BY ENTERING THE APP, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.
MEDICAL ADVICE DISCLAIMER
The App Owner does not provide any medical advice on the App, and the Information should not be so construed or used as medical advice. The App Owner provides the App and the services, Information, content and/or Data (collectively, “Information”) contained therein for Informational purposes only. Using, accessing and/or browsing the App and/or providing personal or medical Information to the App Owner does not create a physician-patient or professional-client relationship between You and the App Owner. Nothing contained in the App is intended to create a physician-patient or professional-client relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in Your state and/or country. YOU SHOULD NOT RELY ON ANY INFORMATION CONTAINED IN THE APP, AND YOU SHOULD CONSULT A LICENSED PHYSICIAN IN YOUR LOCALITY IN ALL MATTERS RELATING TO YOUR HEALTH. You hereby agree that You shall not make any health or medical related decision based in whole or in part on anything contained in the App.
You acknowledge, agree and understand that nothing contained in the App shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between You and the App Owner. You acknowledge, agree and understand that You shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the App.
You acknowledge, agree and understand the following: that the opinions expressed in the App are not necessarily the opinions of the App Owner and do not necessarily reflect the opinion of his employee(s), agent(s), heirs and/or assignee(s). The App is created by third party independent contractors, has not and will not be edited by the App Owner and, as a result, may not personally be attributed to the App Owner. Any representation on the App are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any purpose, including, but not limited to, for use in or in connection with any legal proceeding.
The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Information may become out-of-date. The App Owner undertakes no obligation to update any Information on the App; provided, however, that the App Owner may update the Information at any time without notice in the App Owner’s sole and absolute discretion. The App Owner reserves the right to make alterations or deletions to the Information at any time without notice.
You acknowledge and understand that the App is open to the public. Therefore, consider Your comments carefully and do not include anything in a comment that You would like to keep private. By uploading or otherwise making available any Information to the App Owner in the form of user generated comments or otherwise, You grant the App Owner the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the Information contained therein. You are responsible for the content You post. You may not impersonate any other person through the App. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.
By submitting or posting content on the App, You grant the App Owner and any affiliated company substantially under the control of the App Owner the right to remove any content or comment that, in App Owner’s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant the App Owner and any affiliated company substantially under the control of App Owner the right to modify, adapt, and edit any content.
THIRD PARTY LINKS AND ADVERTISEMENTS DISCLAIMER
THIRD PARTY ADVERTISEMENTS LINKED TO APP OWNER’S APP DOES NOT CONSTITUTE APP OWNER’S ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION OF ANY SERVICE, CONTENT OR PRODUCT CONTAINED THEREIN. APP OWNER MAKES NO REPRESENTATIONS AND/OR WARRANTIES ABOUT, ANY SERVICE, CONTENT OR PRODUCT CONTAINED THEREIN.
DISCLAIMER OF ALL WARRANTIES
Information and/or Data obtained from the App is on an “as is” and “as available” basis and is without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, merchantability or fitness for a particular purpose. In addition to the foregoing, App Owner makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected. In addition to foregoing, App Owner further makes no representations or warranties with respect to any Information and/or Data offered or provided within or through the App regarding treatment of medical conditions, action, or medical Information.
App Owner shall not be liable to You or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including but not limited to tort, contract, strict liability or other cause of action, even if advised of the possibility of such damages. In addition to the foregoing, the App Owner shall have absolutely no liability to You or any third party in connection with the usage of the App for:
1. Any and all direct and indirect damages;
2. Any and all types of injuries;
3. Any and all errors, omissions, or inaccuracies in the Information or Data obtained through the App; or
4. Any decision made or action taken or not taken in reliance upon the App’s Information or Data.
RESERVATION OF INTELLECTUAL PROPERTY RIGHTS
The App is protected by United States copyright laws. The App Owner hereby reserves any and all intellectual property rights in the App.
App Owner does not authorize Persons under the age of eighteen (18) to access, use and/or browse the App. If You are under 18 years of age, You must immediate stop viewing, browsing or use the app.
You agree to indemnify and hold the App Owner harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by You on this App, (2) any violation of law that occurs by You through the App, and/or (3) anything You do using the App and/or the Information or Data contained therein.
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then the remaining provision of this Agreement shall remain in full force and effect.
GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS
This Agreement and Your use of the App, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles, and You agree to submit to the jurisdiction of courts in the State of California. Notwithstanding the statute of limitation for any and all states, You further agree that any claims or causes of action arising out of or related to this Agreement and the App, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
You hereby acknowledge that this Agreement represents the entire understanding between You and the App Owner concerning Your use of the App and the Information contained therein.
The App Owner may, in its sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to You, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the App.
The App Owner Owner’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.
THE APP AND THE INFORMATION CONTAINED THEREIN IS MADE AVAILABLE BY THE APP OWNER FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. BY ACCESSING THE APP, YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO PHYSICIAN-PATIENT OR PROFESSIONAL-CLIENT RELATIONSHIP BETWEEN YOU AND THE APP OWNER. YOU FURTHER ACKNOWLEDGE AND UNDERSTAND THAT THE APP SHOULD NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE FROM A LICENSED PHYSICIAN IN YOUR STATE.