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Privacy Policy
Terms & Conditions
Terms of Use
Last Revised: OCTOBER 22, 2023
BY DOWNLOADING THE COMPANY APP (COLLECTIVELY, THE “APPS”) OR BY ACCESSING, VIEWING, OR USING THE APPS, THE COMPANY WEBSITE (THE “SITES”) OR ANY TOOLS AND SERVICES PROVIDED IN CONNECTION WITH THE APPS OR THE SITES (COLLECTIVELY, THE APPS, THE SITES AND ALL RELATED TOOLS AND SERVICES ARE REFERRED TO AS THE “SERVICE”), YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU OBJECT TO ANYTHING IN THESE TERMS OF USE, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 34 AND CLASS ACTION WAIVER IN SECTION 34, OR OTHERWISE DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THESE TERMS OF USE DO NOT USE THE SERVICE AND UNINSTALL THE APPS IMMEDIATELY.
These terms and conditions and end user license agreement (collectively, “Terms of Use”) set forth the terms and conditions of MEDvisus, Ltd. ("the Company") applicable to your use of the Service. The Company encourages you to read these Terms of Use carefully. For purposes of these Terms of Use, "the Company" means and includes the Company and its subsidiaries and its and their investors, officers, directors, employees, agents, representatives and assigns. "User" means each person who accesses or uses the Service, including parents and caregivers, whether or not such User personally installed one or both of the Apps or created an account.
You understand and agree that the Company may revise, modify and/or supplement these Terms of Use (the “Revised Terms of Use”) at any time. Any Revised Terms of Use will be effective immediately after notice is sent to you via the the Company internal email system or by such other forms of notice as may be determined by the Company. If you do not agree to the Revised Terms of Use, you must stop using the Service and close your account (and uninstall the Apps). You can close your account through the Account Settings page under My the Company. By continuing to use the Service following notice, or by failing to close your account or uninstall the Apps, you hereby expressly agree to be bound by the Revised Terms of Use and acknowledge that your continued use of and access to the Service is valid consideration for the Revised Terms of Use.
If you are a paying member and you close your account due to rejection of the Revised Terms of Use before your paid membership term has ended, you may seek reimbursement for the paid pro rata balance of the remaining membership by contacting the Company.
Terms and Conditions
1. Privacy Policy. Please refer to the Company Privacy Policy for information on how the Company collects, uses and discloses information about you.
2. License. Subject to the terms and conditions set forth in these Terms of Use, the Company grants you a personal, nonexclusive, nontransferable license to use the Service and to download and use the Apps on any mobile device that you own or control, solely for your personal, noncommercial use except as expressly set forth herein.
The Service will be in the form and format as determined by the Company in its sole discretion from time to time, and such form and format may limit or restrict use to certain types of devices at the exclusion of others, and may have additional licensing terms restricting their use thereto.
Such license is subject to these Terms of Use and except as expressly provided in these Terms of Use, does not include: (A) any resale or commercial use (except as expressly set forth herein) of the Service or of any content or materials contained therein ("the Company Content"); (B) modifying or otherwise making any derivative uses of the Service or any the Company Content; (C) use of any data mining, robots or similar data gathering or extraction methods; (D) reproducing, distributing, publicly performing or publicly displaying the Service or the the Company Content; (E) reverse engineering or otherwise attempting to discover any source code; or (F) any use of the Service other than for its intended purpose. Any use of the Service or the Company Content other than as specifically authorized herein, without the prior, written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
3. Location Information; Consent to Use of Data and Mobile Communications. The Apps may implement a location feature whereby they will automatically collect your geolocation information if you provide your consent. In such event, the Apps will use and share such location to enable Users to determine which Users nearby. The Company may also use location information to provide information and advertising to Users. IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS IN THE APPS AND/OR ON YOUR DEVICE AND/OR BY UNINSTALLING THE APPS.
You also consent to the Company communicating with you about the Service or in connection with the features, functions and activities contained therein by SMS, text message, email or other electronic means. Your carrier's normal, messaging, data and other rates and fees will apply to these communications.
4. The Service Offers a Venue. The Service merely offers tools, resources and a venue to connect those seeking care services with those seeking to provide care services. You understand and agree that the Company: (A) does not employ, recommend or endorse any Users and has no control over the acts or omissions of any Users; (B) is not responsible or liable in any manner for the performance or conduct of any Users or other third parties online or offline; (C) makes no representations or warranties about the quality of the services provided by any User or about your interactions or dealings with other Users; and (D) does not screen Users or automatically conduct any kind of identity or background checks except as otherwise expressly stated in these Terms of Use or on the Service. Regardless of whether the Company screens users or performs a background check, you should exercise caution and perform your own screening before connecting with anyone through the Service, meeting anyone, engaging Users or accepting engagements. the Company hereby expressly disclaims, and you hereby expressly release the Company from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the Service or your interactions or dealings with other Users, including without limitation any acts and/or omissions of Users online or offline. By using the Service, you acknowledge and agree that you are solely responsible for your use of the Service and the connections you make and that ALL USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.
5. Transactions Are Between Users; Release. The Service may be used to help obtain or offer services provided by Users and to facilitate payment for such services. However, Users transact solely between themselves, and the Company is not a party to any transactions between Users. The Company hereby expressly disclaims, and you hereby expressly release the Company and its affiliates from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to disputes, dealings, or interactions between you and any other Users or third parties.
6. Eligibility. You represent and warrant that you currently meet and will continue to meet the following eligibility conditions ("Eligibility Conditions") for as long as you use the Service: (A) you are at least eighteen (18) years old; (B) you comply with all laws, rules and regulations in connection with your use of the Service and any services arranged through the Service, including without limitation legal authorization to work in the jurisdiction in which you seek to provide or receive services; (C) you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions in these Terms of Use; (D) neither you, nor anyone in your home or, as applicable, the location where care services are provided or received: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (E) neither you, nor anyone in your home or, as applicable, the location where care services are provided or received, is currently out on bail or on such person’s own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.
By using the Service, you understand and agree that the Company may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that the Company may revise the Eligibility Conditions from time to time and require new conditions and certifications and that you will abide by such revised Eligibility Conditions or discontinue using the Service and uninstall the Apps and you must discontinue use of the Service if at any time you no longer meet the Eligibility Conditions. If the Company becomes aware of or believes that there are violations of the Eligibility Conditions by any User or that the User has otherwise provided any false or misleading information, it may, among other things, suspend and/or terminate such User with or without notice at its sole discretion. If your account is terminated or suspended, you agree to make no further use of the Service after termination or during suspension.
You understand and agree that the Company does not routinely verify that any or all of the Eligibility Conditions are met by any other Users and you further understand and agree that the Company is not responsible for assuring that the Eligibility Conditions are met or for any failure to suspend, terminate or prevent the use of the Service by Users who do not meet the Eligibility Conditions. Except where expressly stated otherwise in these Terms of Use or on the Service, you understand and agree that you are solely responsible for conducting any appropriate background checks and obtaining references prior to engaging another User to perform services. You further understand and agree that you are solely responsible for making your own evaluations, decisions and assessments about whether to engage other Users to perform services, accepting any engagements offered by other Users or otherwise interacting with other Users. the Company hereby expressly disclaims, and you hereby expressly release the Company and its affiliates from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or in any way related to: (x) any inaccuracy, untimeliness or incompleteness of a User’s Eligibility Conditions; and/or (y) any misstatements or misrepresentations made by any Users.
Although the Company has no obligation to verify the Eligibility Conditions or conduct any other screenings, verifications or background checks, it reserves the right to do so in its sole discretion, and you hereby authorize the Company to verify any or all of the above representations and warranties you make or the other information you provide. Such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or using available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You agree that the Company may take such action as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your account, should it determine, in its sole discretion, that you have violated any representation or warranty or any other provision of these Terms of Use or it otherwise determines in its sole discretion that such suspension or termination is appropriate for any reason. In the event of any suspension or termination, you agree to make no further use of the Service after termination or during suspension.
7. No Professional Advice; Information Only. Any information, materials, content and/or advice provided through the Service, whether by the Company, Users or third parties, including without limitation the the Company blogs, the the Company Facebook pages, the the Company X account, the the Company Instagram account, the the Company Pinterest account and the the Company LinkedIn account, are for informational purposes only. If you have specific concerns or a situation arises requiring professional advice, you should consult with an appropriately trained and qualified professional. the Company hereby expressly disclaims, and you hereby expressly release the Company and its affiliates from, any and all liability whatsoever for any controversies, claims, suits, injuries, losses, harms and/or damages arising from and/or in any way related to the information, materials and content provided through the Service, including without limitation on the, Blog, Facebook pages, Twitter account, Instagram account, Pinterest account, and LinkedIn account.
8. Use of the Service. You agree to use the Service in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Service that the Company, in its sole discretion, finds inappropriate or offensive or contrary to these Terms of Use may result in suspension or termination of your account with or without notice. the Company reserves the right to suspend or terminate your account with or without notice at any time in its sole discretion, for any reason or no reason. In the event of any suspension or termination, you agree to make no further use of the Service after termination or during suspension.
You understand and agree not to, and not to permit or encourage anyone else to, do any of the following in connection with the Service:
Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
Use the Service or engage with other Users for any purpose that is in violation of local, state, national, or international law, rule or regulation, including without limitation wage and hour and working condition laws and regulations;
Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
Take any action that would undermine any aspect of the Service or use the Service in any manner that could interfere with, disrupt, or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
Attempt to gain unauthorized access to the Service, other User accounts, or other device, computer system or networks connected to the Service;
Harvest or otherwise collect information about Users without their consent;
Advertise or offer to sell any goods or services for any commercial purpose (except as expressly set forth herein) on the Service that are not appropriate or relevant to the Service;
Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Service, except where sponsored or created by the Company;
Impersonate another person or allow any other person or entity to use your user name, password or membership;
Post the same content repeatedly or spam - spamming is strictly prohibited;
Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Service;
Access, download, or copy any information, content and/or materials from the Service through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Service; and/or
Restrict or inhibit any other User from using and enjoying the Service.
the Company reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to the Company in its sole discretion. You may report any alleged improprieties by any User to the Company. However, enforcement of these Terms of Use is solely at the Company's discretion, and failure to enforce in some instances does not constitute a waiver of the Company’s right to enforce in other instances. In addition, these Terms of Use do not create any private right of action on the part of any User or third party or any reasonable expectation that the Service will not contain any content or conduct that is prohibited by such Terms of Use.
9. Account Security. You are responsible for maintaining the confidentiality of passwords and account information for the Service, and you are fully responsible for all activities that occur under your account. You agree to immediately notify the Company of any unauthorized use of accounts or any other breach of security.
10. Third-Party Services and Content. The Service may contain links or otherwise contain or provide access to third-party products, services, websites, advertisers, applications, information, and content (collectively, “Third-Party Services and Content”), which access is provided solely for convenience. For example, the Service may provide access to a third-party payment processing service that enable caregivers to collect payments through the Service from parents who engage them and may make third-party content available through the Service, such as in the Facebook pages, Blog and Twitter account. You understand and agree that such Third-Party Services and Content are not provided by the Company, and the Company does not control or endorse and does not make any representations or warranties regarding such Third-Party Services and Content. YOU UNDERSTAND AND AGREE THAT USE OF SUCH THIRD-PARTY SERVICES AND CONTENT IS AT YOUR OWN RISK, THAT THE COMPANY TERMS OF USE AND POLICIES DO NOT APPLY TO SUCH THIRD-PARTY SERVICES AND CONTENT, AND THAT THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY OR BUSINESS PRACTICES OR OTHER POLICIES OF SUCH THIRD-PARTY SERVICES AND CONTENT OR FOR THE ACCURACY, COMPLETENESS, SAFETY OR QUALITY OF THE THIRD-PARTY SERVICES AND CONTENT. YOU SHOULD CAREFULLY REVIEW ANY APPLICABLE TERMS AND POLICIES THAT APPLY TO ANY THIRD-PARTY SERVICES AND CONTENT. THE COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR SUCH THIRD-PARTY SERVICES AND CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT THEREOF, AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE THE COMPANY FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LIABILITIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO SUCH THIRD-PARTY SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION RELATING TO AVAILABILITY, TERMS OF USE, PRIVACY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, CHARGES, PAYMENT, PRODUCTS AND/OR SERVICES.
11. User Content. "User Content" is defined as any information, content, messages, photos, and/or materials a User posts on or through the Service, submits to the Company and/or submits to any other User on or through the Service or by any other medium or method. the Company acts as a passive conduit for User Content, and Users, not the Company, are solely responsible for the User Content they post, submit or transmit through the Service. User Content, including without limitation in connection with registration and Users' profiles, is self-reported and you understand and agree that the Company does not independently verify that any or all of the User Content is accurate, appropriate, timely or complete. You understand and agree that you make your own decisions and assessments about User Content and about persons to engage or engagements to accept. The Company hereby expressly disclaims, and you hereby expressly release the Company from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss and/or damages, arising from and/or in any way related to any User Content, including without limitation to any acts of or reliance upon other Users with respect to such User Content and/or any comments made by User about others.
You represent and warrant that you are the owner or licensee or otherwise have the right to post or submit such User Content, and you grant to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide, sublicensable license to use, copy, perform, display, reproduce, adapt, modify, prepare derivative of, and distribute such User Content and to incorporate such User Content into other works.
You agree that you are solely responsible for any User Content you post or submit, and you represent and warrant that any User Content: (A) shall not be inaccurate, untimely, incomplete, fraudulent or misleading, including without limitation in connection with registration, your profile and/or use of the Service; (B) shall not infringe any third party's rights, including without limitation copyright, patent, trademark, trade secret or other propriety right or rights of publicity or privacy; (C) shall not violate any law, statute, ordinance, rule or regulation, including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or the provision of child care, elder care or health care; (D) shall not be defamatory, libelous, threatening, harassing, abusive, or inflammatory; (E) shall not be obscene, indecent, suggestive, violent, offensive or contain pornography or be harmful to minors; (F) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network; and (G) shall not create liability for the Company or cause the Company to lose (in whole or in part) the services of the the Company ISPs or other partners or suppliers. the Company may, but is not obligated to, review or delete any User Content that, in the Company's sole discretion, violates these Terms of Use.
Although the Company has no obligation to screen, edit or monitor User Content, the Company reserves the right, and has absolute discretion, to remove, screen or edit User Content or suspend or terminate your account for any reason or for no reason, including if it believes that any User Content violates any of the foregoing rules. You agree to make no further use of the Service during suspension or after termination. Enforcement of the User Content rules set forth in these Terms of Use is solely at the Company's discretion, and failure to enforce such rules in some instances does not constitute a waiver of the Company’s right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.
Although the Company has no obligation to do so, the Company reserves the right, and has absolute discretion, to remove, screen or edit User Content posted or stored on the Service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing User Content you post or store on the Service at your sole cost and expense.
12. Payment Services. the Company may offer access to a Third-Party Service that provides Users with the ability to process payments for their services through the Service (the “Payment Service”).
13. Consumer Reports. the Company may utilize or make available to through the Service third-party consumer reporting agencies that perform, among other things, criminal records checks, sex offender registry checks, motor vehicle records checks and identification verifications (collectively, “Consumer Reports”), but, unless otherwise expressly stated in these Terms of Use or through the Service, the Company does not automatically run Consumer Reports on any Users. the Company does not provide, and is not responsible or liable in any manner for, the Consumer Reports, and it does not endorse or make any representations or warranties regarding the reliability of such Consumer Reports or the accuracy, timeliness or completeness of any information in the Consumer Reports. Nor does the Company independently verify information in the Consumer Reports.
You hereby consent to the collection, use and disclosure of the information in the Consumer Reports. You understand and agree that the Company may, in its sole discretion, review and rely on the information in the Consumer Reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that the Company and its affiliates shall not be responsible or liable in any way in the event that any information in the Consumer Reports about any person, including without limitation you or any other User, is not accurate, timely or complete. If you are the subject of a Consumer Report, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. the Company reserves the right to suspend and/or terminate you or other Users based on information in the Consumer Reports or for any other reason, or no reason, in the Company’s sole discretion.
Note the following limitations in Consumer Reports: Except as otherwise expressly provided in these Terms of Use or through the Service, the Company does not automatically run Consumer Reports on any Users. Records not available to third-party consumer reporting agencies will not be included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. In many jurisdictions there is a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in Consumer Reports. Juvenile records and offenses for minors may not appear in the public record and are therefore not included in the results. Dismissed cases, arrests not resulting in convictions, arrests or convictions from foreign countries and nolle pros will not be reported. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies.
14. Fair Credit Reporting Act. If you obtain Consumer Reports that are governed by the Fair Credit Reporting Act, 15 USC 1681 ("FCRA") through the Service, you hereby represent and warrant that you will comply with the FCRA, which can be found at: https://www.ftc.gov/os/statutes/031224fcra.pdf or at www.ftc.gov in connection with your use of such Consumer Reports. The third-party consumer reporting agency responsible for the Consumer Reports provides a summary of FCRA rights for Users who authorize such Consumer Reports, and the third-party consumer reporting agency responsible for the Consumer Reports also provides notice when Users are terminated based on information in such Consumer Reports. You agree to comply with any applicable provisions of the FCRA relevant to you at all times. the Company hereby expressly disclaims, and you hereby expressly release the Company and its affiliates from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages, arising from and/or in any way related to the Consumer Reports.
15. Paid Memberships. Access to certain services and features of the Service require a paid membership (“Paid Membership”). Upon registration for a Paid Membership, you agree to pay the Company the applicable membership fees at the prices then in effect, and you authorize the Company to charge your chosen payment method in connection therewith. the Company reserves the right to correct any payment errors even if it has already requested and/or received payment.
The Company may use third-party payment processing services to process credit card payments and information in connection with the payment of membership fees and other amounts payable in connection with the Service. The Company hereby expressly disclaims, and you hereby expressly release the Company and its affiliates from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the Company’s use of third-party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about the Company’s use of payment processing services, please contact the Company.
The Company may offer limited-time, free trial memberships or other promotions from time to time. In some cases, which will be disclosed at the time of sign-up, these promotions may automatically convert to Paid Memberships if you do not cancel within a designated time frame. In such instances, if you continue your membership after the end of the free trial or promotional period, you will be charged the price then in effect. To avoid such charges, you must cancel your membership prior to the end of the free trial or promotional period by contacting the Company.
16. Automatic Renewal and Cancellation. Paid Memberships and some paid features (“Features”) may be automatically extended for successive renewal periods of the same duration as the Paid Membership and/or Feature term originally selected (as indicated at the time of sign-up). IF YOU SIGN UP FOR A PAID MEMBERSHIP OR FEATURE THAT IS SUBJECT TO AUTOMATIC RENEWAL, YOU AGREE THAT THE TERM OF SUCH PAID MEMBERSHIP OR FEATURE WILL BE AUTOMATICALLY RENEWED AT THE END OF EACH TERM UNLESS AND UNTIL YOU CANCEL PRIOR TO THE END OF THE CURRENT TERM BY CONTACTING THE COMPANY OR THROUGH YOUR ACCOUNT SETTINGS. At or near the time of each renewal, you authorize the Company to charge your selected payment method the then-current, applicable fee in accordance with the Paid Membership or Feature you selected. Upon cancellation, you will have access to the Paid Membership and/or Feature benefits until the end of the then current Paid Membership and/or Feature term, and the Paid Membership and/or Feature will not be renewed after that term expires. You will not be eligible for a refund of any portion of the Paid Membership and/or Feature fees paid for the then-current Paid Membership and/or Feature period, except as expressly provided in these Terms of Use. The Company is not responsible for and will not reimburse any fees incurred by you from your bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by the Company.
17. Prohibited Uses. The Service is for the use of individuals only and may not be used in connection with any commercial endeavors (other than the direct employment of caregivers) without the express written consent of the Company. The Service may not be used by any person or organization to recruit for another website or service or to solicit, advertise, or contact others for employment, contracting, or any other purpose for a business not affiliated with the Company without express written permission from the Company. You agree not to use User Content in order to contact, advertise, solicit, or sell to others without their express consent.
You further agree not to collect User Content or any other information, materials or content obtained through the Service, including without limitation names, phone numbers, email addresses, profiles, copyrighted text, or job listings, or otherwise misuse or misappropriate information, materials or content, or any information obtained through use of the Service, using manual or automated means, including without limitation though web scraping, without express written permission from the Company. Should the Company have a reasonable basis to believe that you violated this section, the Company reserves the right, in addition to other remedies and at its sole discretion, to assess a $10,000 daily penalty fee for scraping and/or recruiting.
18. Indemnification. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, INCURRED BY THE COMPANY OR ITS AFFILIATES IN ANY WAY RELATED TO YOUR: (A) ACTS AND/OR OMISSIONS ONLINE AND OFFLINE; (B) BREACH OF THESE TERMS OF USE; (C) DISPUTES WITH OR BETWEEN OTHER USERS; (D) USE AND/OR MISUSE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, CONTENT AND/OR MATERIALS THEREIN OR OBTAINED THROUGH THE SERVICE; (E) VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION; (F) INACCURATE, UNTIMELY, INCOMPLETE OR MISLEADING USER CONTENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO REGISTRATION, PROFILE, ELIGIBILITY CONDITIONS AND INFORMATION SUBMITTED IN CONNECTION WITH CONSUMER REPORTS; (G) MISSTATEMENTS AND/OR MISREPRESENTATIONS, INCLUDING WITHOUT LIMITATION REGARDING YOUR AGE AND YOUR OTHERWISE MEETING THE ELIGIBILITY CONDITIONS; (H) USE OF THIRD-PARTY SERVICES AND CONTENT; (I) USER CONTENT AND ANY ACTS OR OMISSIONS WITH RESPECT TO SUCH USER CONTENT; (J) USE OF ANY INFORMATION IN THE CONSUMER REPORTS INCLUDING WITHOUT LIMITATION IN VIOLATION OF FCRA; (K) USE OF THE PAYMENT SERVICE; (L) USE OF OTHER SUPPORT SERVICES; (M) CONDUCT IN CONNECTION WITH THE USE OF THE SERVICE OR ANY CONNECTIONS MADE THROUGH THE SERVICE; AND/OR (N) USE OF ANY SERVICES OR PRODUCTS OR ANY CONTRACTS OR ARRANGEMENTS MADE OR PROVIDED BASED ON INFORMATION, CONTENT AND/OR MATERIALS OBTAINED ON OR THROUGH THE SERVICE. YOU FURTHER AGREE THAT YOU WILL COOPERATE AS REQUESTED BY THE COMPANY IN THE DEFENSE OF SUCH CLAIMS. THE COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY USERS, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY SUCH CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF THE COMPANY.
19. Release. IF PERMITTED BY LAW, YOU ALSO AGREE TO RELEASE THE COMPANY AND ITS AFFILIATES FROM ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE COMPANY’S OWN NEGLIGENCE, INCLUDING, WITHOUT LIMITATION, ANY NEGLIGENCE RELATING TO:
A. ANY INACCURACY, UNTIMELINESS OR INCOMPLETENESS OF A USER'S ELIGIBILITY CONDITIONS;
B. ANY MISSTATEMENTS OR MISREPRESENTATIONS MADE BY ANY USERS;
C. THE COMPANY CONTENT AND ANY OTHER INFORMATION, MATERIALS AND CONTENT OBTAINED THROUGH USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ON THE COMPENDIUM, BLOG, FACEBOOK PAGES, X ACCOUNT, APP STORE AND IN THE APPS;
D. THIRD-PARTY SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION RELATING TO AVAILABILITY, TERMS OF USE, PRIVACY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, CHARGES, PAYMENT, PRODUCTS AND/OR SERVICES;
E. USER CONTENT, INCLUDING WITHOUT LIMITATION ANY ACTS OF OR RELIANCE UPON OTHER USERS WITH RESPECT TO SUCH USER CONTENT AND/OR ANY COMMENTS MADE BY A USER ABOUT OTHERS;
F. CONSUMER REPORTS; AND/OR
G. THE USE OF OR INABILITY TO USE THE ANCILLARY SUPPORT SERVICES, INCLUDING WITHOUT LIMITATION THE RECEIPT, ACCEPTANCE AND/OR USE OF INFORMATION IN CONNECTION WITH ANCILLARY SUPPORT SERVICES.
This release does not include claims, suits, injuries, loss, harm or damages arising from the Company’s gross negligence or willful tortious conduct.
20. Suspension and Termination. the Company may suspend and/or terminate your account for any reason or for no reason at all and with or without notice at the Company's sole discretion. Suspension and/or termination may include restricting access to and use of the Service and may also include the deletion of the content associated with your account. You agree to make no further use of the Service or the Company Content during suspension or after termination. the Company reserves the right, but does not undertake any duty, to take appropriate legal action, including without limitation the pursuit of civil, criminal and/or injunctive redress against you for continuing to use the Service or the the Company Content during suspension or after termination, and you agree that the Company may recover its reasonable attorneys’ fees and court costs from you for such actions. Even while your membership is suspended and after it is terminated, these Terms of Use will remain enforceable against you. All other terms that by their nature may survive suspension and/or termination of these Terms of Use shall also be deemed to survive such suspension and/or termination.
21. Intellectual Property Rights of Service. Except for the license expressly granted in these Terms of Use, you are not granted any rights in or to the Service by implication, estoppel, or other legal theory, and all rights in and to the Service not expressly granted in these Terms of Use are hereby reserved and retained by the Company. The Service, the the Company Content, and all information, materials, tools, code and content contained therein, including without limitation all text, graphics, logos, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, directories, queries, algorithms, structure, organization, and other content (collectively "Proprietary Material"), are owned by the Company or its licensors or users and is protected by U.S. and international copyright law. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. The Company also owns the coordination, selection, arrangement and enhancement of such Proprietary Material as a collective work and/or compilation under the United States Copyright Act, as amended. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without the Company's prior express written permission. Furthermore, you are not allowed to post, distribute or reproduce any User Content that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject you to termination or suspension from the Service and/or civil and/or criminal penalties. In addition, the Service contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of the Company and/or the relevant right holder. The service marks, trademarks, logos and trade names appearing on this Service are owned by the Company or are appearing on the Service with permission of the respective owners, and you acknowledge the rights of the Company and the respective third parties therein. You may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.
22. Copyright Complaints and Copyright Agent. Repeat Infringer Policy: In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, members who are deemed to be repeat infringers. the Company may also at its sole discretion limit access to the Service and/or terminate the accounts of anyone who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Copyright Complaints: Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the DMCA to report alleged infringements. If you believe that your work has been copied and posted on or made accessible through the Service in a way that constitutes copyright infringement, please provide the Company's designated agent (as set forth below) with the following information:
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (Internet address) or other specific location within the Service where the infringing material is located. Include enough information to allow the Company to locate the material;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Designated Agent:
MEDvisus, Ltd.
info@medvisus.com
23. Notice of Availability of Filtering Software. Pursuant to the Communications Decency Act, all Users are hereby informed by the Company, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors.
24. U.S. Export Controls. No part of the Service may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
25. No Third-Party Beneficiaries. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.
26. Modifications to the Service. the Company reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without notice to you. You agree that the Company shall not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.
27. No Joint Venture. You acknowledge that you are not legally affiliated with the Company in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by your use of the Service or these Terms of Use. As such, you shall not have, or hold out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the Company, except as provided herein or authorized in writing by the Company. the Company is not an employment service or agency, does not serve as an employer of Users and does not recruit Users for employment, secure employment for Users or evaluate or test Users for employment purposes.
28. Limitations on Use. In the interest of maintaining the performance and availability of the Service and in enforcing these Terms of Use, the Company reserves the right to place certain limitations on your access to the Service at any time and for any reason. You acknowledge and agree that this term supersedes any specific offer made by the Company and that these limitations may be enforced in the Company's sole discretion. If you feel that these limitations are interfering with legitimate use of the Company in keeping with the Terms of Use, you shall refer this concern to the Company and abide by the determination of the Company.
29. Third-Party Sponsors. If your Paid Membership to and use of the Service is paid for or subsidized or sponsored by a third party, including without limitation your employer (collectively, “Third-Party Sponsor”), then you agree to the following:
(A) Release of Third-Party Sponsor. You expressly agree to release Third-Party Sponsor from any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (i) the Service, including without limitation any acts and/or omissions of Users in any way using or having used the Service, and/or on or off the Sites; (ii) disputes between Users; (iii) any inaccuracy, untimeliness or incompleteness of a User’s Eligibility Conditions; (iv) any inaccuracy, untimeliness or incompleteness of information in any of the Consumer Reports or misstatements and/or misrepresentations made by any Users; (v) third-party websites, including without limitation such websites’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (vi) any misrepresentations regarding the age of any User; (vii) any User Content, including without limitation to any acts of or reliance upon other Users with respect to such User Content and/or any comments made by User about others; (viii) the use and sharing of any information in the Consumer Reports; (ix) the Company Content and any other information, materials and content on the Sites and/or obtained through use of the Services, including without limitation on the Compendium, Blog, Facebook pages, Twitter account, App Store and in the Apps; or (x) the use of Ancillary Support Services.
(B) Indemnification of Third-Party Sponsor. You agree to indemnify, defend, and hold harmless any Third-Party Sponsors, including without limitation Bright Horizons Family Solutions LLC, from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorneys’ fees and court costs, incurred by Third-Party Sponsor in any way related to your: (i) acts and/or omissions on or off the Sites or through any use of the Service; (ii) breach of these Terms of Use; (iii) disputes with or between other Users; (iv) use and/or misuse of the Service, including without limitation any information, content and/or materials on the Sites, Apps and/or provided through the Service; (v) violation of any applicable law or regulation; (vi) inaccurate, untimely, incomplete or misleading User Content, including without limitation with respect to registration, profile, Eligibility Conditions and information submitted in connection with Consumer Reports; (vii) misstatements and/or misrepresentations; (viii) use of links to third-party websites, including without limitation such websites’ availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; (ix) User Content and any acts or omissions with respect to such User Content; (x) use of any information in the Consumer Reports; (xi) use of third-party payment processing services; (xii) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the Sites and/or through any use of the Service; and/or (xiii) the use of Ancillary Support Services. You further agree that you will cooperate as requested by Third-Party Sponsor in the defense of such claims. Third-Party Sponsor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any such claim or matter without the written consent of Third-Party Sponsor.
(C) Third-Party Sponsor Disclaimer of Warranties. THIRD-PARTY SPONSOR DOES NOT REPRESENT OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (I) THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (II) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SERVICE WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE; (III) THE PROPER CONDUCT, WHETHER ON OR OFF THE SITES OR THROUGH ANY USE OF THE SERVICE, OF ANY USERS; AND (IV) THE USE OF PHONE SUPPORT SERVICES. THIRD-PARTY SPONSOR DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. THIRD-PARTY SPONSOR CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER CONTENT WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. THIRD-PARTY SPONSOR SHALL NOT BE LIABLE FOR, AND YOU EXPRESSLY RELEASE THIRD-PARTY SPONSOR FROM, ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, HARMS, LOSSES AND/OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE.
(D) Third-Party Sponsor Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THIRD-PARTY SPONSOR BE LIABLE TO YOU OR ANY OTHER USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.
30. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND the Company CONTENT ARE PROVIDED ON AN "AS IS" “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE COMPANY DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SERVICE WILL BE RELIABLE, ACCURATE, SAFE, TIMELY OR COMPLETE; (C) THE CONDUCT OF ANY USERS ONLINE AND OFFLINE, WHETHER IN CONNECTION WITH THE SERVICE OR OTHERWISE; (D) THE CONDUCT OF OTHER THIRD PARTIES, INCLUDING HACKERS OR OTHERS WHO ENGAGE IN THE UNAUTHORIZED ACCESS, USE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION; AND/OR (E) THE USE OF ANCILLARY SUPPORT SERVICES. the Company DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. THE COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER CONTENT OR INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. THE COMPANY HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE THE COMPANY AND ITS AFFILIATES FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR the Company CONTENT.
31. Assumption of Risk. You assume all risks when using the Service, including without limitation all of the risks associated with interactions with other Users. You agree to take all necessary precautions when interacting with other Users.
32. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER USER OR THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICE OR the Company CONTENT. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF THE COMPANY OR ITS AFFILIATES TO YOU WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S OR ITS AFFILIATES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
33. Notice. Any notice or other communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail, return receipt requested, or electronic mail to the address listed below.
34. Dispute Resolution; Binding Arbitration.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
(a) No Representative Actions. You and the Company agree that any dispute arising out of or related to these Terms or our Services is personal to you and the Company and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(b) Arbitration of Disputes. Except for small claims disputes in which you or the Company seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or the Company seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and the Company waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms of Use or the Service, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, either party may submit a Dispute to binding arbitration administered by the American Arbitration Association (“AAA”). All Disputes submitted to AAA will be resolved through confidential, binding arbitration before one arbitrator. Any in-person arbitration proceedings will be held in Texas, unless you are a consumer, in which case you may elect to hold any in-person arbitration proceedings in your county of residence. For purposes of this Section 35, a “consumer” means a person using the Service for personal, family, or household purposes. You and the Company agree that the arbitration will be conducted in accordance with the AAA Consumer Arbitration Rules (“AAA Consumer Rules”) if you are a consumer, see https://adr.org/consumer, and otherwise in accordance with the applicable AAA rules. The most recent versions of AAA rules are available on the AAA website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the AAA rules or waive your opportunity to read the AAA rules and waive any claim that the AAA rules are unfair or should not apply for any reason.
(c) You and the Company agree that these Terms of Use affect interstate commerce and that the enforceability of this Section 35 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms of Use and the AAA rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
(d) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, the Company, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(f) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and the Company will not have the right to assert the claim.
(g) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 34 by sending a written opt-out notice by email to ino@doctometer.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 35.
(h) If any portion of this Section 34 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms of Use; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 34 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 34; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction pursuant to Section 34 and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 34 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 34 will be enforceable.
35. Venue. In the event that a tribunal or arbitrator of competent jurisdiction determines that the arbitration provision is unenforceable; or for any motions to compel arbitration or to enforce an arbitration award; or if you have opted out of arbitration pursuant to the procedures in Section 34; or for any other litigation (if any) that is not prohibited by Section 34, you agree that the exclusive forum and/or venue for any controversy, claim, suit, injury, harm, loss or damage arising from or in any way related to the use, inability to use or provision of the Service or these Terms of Use shall be any Illinois State Court or Federal Court sitting in Cook County, and you hereby submit to the exclusive jurisdiction of those courts for purposes of any such proceeding.
36. Medical disclaimer. BEFORE TRYING THE SERVICE AND/OR GOODS BY THE COMPANY, YOU SHOULD CONSULT WITH YOUR HEALTHCARE SERVICE PROVIDER. THE COMPANY IS NOT A MEDICAL ORGANIZATION AND IS NOT PROVIDING ANY MEDICAL ADVICE OR ASSISTANCE. NOTHING WITHIN THE SERVICES PROVIDED BY THE COMPANY IS ASSOCIATED WITH, SHOULD BE TAKEN AS, OR UNDERSTOOD AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE INTERPRETED IN SUBSTITUTION FOR ANY MEDICAL ADVICE OR ASSISTANCE, OR USED OR REFERRED TO INSTEAD OF SEEKING APPROPRIATE MEDICAL ADVICE OR ASSISTANCE FROM HEALTH CARE PROVIDERS. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ASSESSING YOUR OWN HEALTH, INCLUDING ANY NEED TO SEEK APPROPRIATE GUIDANCE FROM A HEALTH CARE PROVIDER. THE COMPANY ENCOURAGE YOU TO SEEK APPROPRIATE MEDICAL ADVICE OR ASSISTANCE BEFORE USING COMPANY'S SERVICES. YOU SHOULD NOT DISREGARD MEDICAL ADVICE OR DELAY VISITING A MEDICAL PROFESSIONAL BECAUSE OF SOMETHING YOU READ ON THE COMPANIES WEBSITE OR MOBILE APP, OR ON OTHER COMPANIES COMMUNICATION CHANNELS.
37. App Store. You acknowledge and agree that the availability of the Apps is dependent on the third party from which you received the Apps, e.g., the Apple iPhone App Store (“App Store”). You acknowledge and agree that these Terms of Use are between you and the Company and not with the App Store. The App Store is not responsible for the Apps, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Store in connection with the Apps (if any). You agree to comply with, and your license to use the Apps is conditioned upon your compliance with, all applicable third-party terms of agreement when using the Apps.
38. General Provisions.These Terms of Use constitute the entire agreement between User and the Company with respect to the Service. Failure by the Company to enforce any of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects or use of the Service, shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to choice of law or conflict of laws rules.
Any provision of these Terms of Use found to be invalid, illegal, or unenforceable shall be severed from the Terms of Use. The remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect.
39. Contact. the Company may be contacted at:
By email: info@doctometer.com
40. Additional Terms Applicable To Iphone, Ipod Touch or Ipad Applications. Notwithstanding anything to the contrary in these Terms of Use set forth above, the following additional terms shall apply to any Apps downloaded for use on the iPhone, iPod Touch or iPad:
(A) Acknowledgement: You and the Company acknowledge that these Terms of Use are solely between you and the Company, and not with Apple Inc. (“Apple”). the Company is solely responsible for the App and the content thereof unless stated otherwise in these Terms of Use. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the Apple App Store shall govern if they are more restrictive.
(B) Scope of License: The license granted to you is limited to a nontransferable license to use the App on any iPhone, iPod Touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
(C) Maintenance and Support: You and the Company acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
(D) Warranty: You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You and the Company acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of the Company. However, you understand and agree that in accordance with these Terms of Use, the Company has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
(E) Product Claims: You and the Company acknowledge that as between Apple and the Company, the Company, not Apple, is responsible for addressing any claims relating to the App or the your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(F) Intellectual Property Rights: You and the Company acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, the Company, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms of Use.
(G) Legal Compliance: You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(H) Third-Party Beneficiary: You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
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