Using the Platform to evaluate whether to enter into a business relationship with us will not constitute a commercial use for the purposes hereof. It is a violation of these Terms for you to use the Platform in violation of any applicable laws and regulations or in violation of the rules of any of our service providers. Certain other programs or services provided by us through linked websites or other channels may have additional terms and conditions regarding your use of those services, and nothing in these Terms is intended to modify such terms and conditions. Subject your compliance with these Terms and all applicable international, federal, state, and local laws, rules, and regulations, we grant you a limited, revocable, nonexclusive, non-sublicenseable, non-transferable, license to use the Platform solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may only access and use the Platform on devices that you own or control and you may not use the Platform on devices where you do not have all necessary permissions and rights to use the Platform. You acknowledge that these Terms are concluded between you and us only and that we, and not Apple Inc. or Google LLC (collectively, the “App Stores”), are solely responsible for the App, including providing any maintenance or support for the App and any product liability, intellectual property infringement, consumer protection, or privacy claims you may have regarding the App. BY AGREEING TO THESE TERMS, YOU HEREBY CONSENT TO RECEIVE TELEPHONE CALLS, TEXT MESSAGES, AND EMAILS FROM US AND OUR AFFILIATES TO PROVIDE YOU WITH INFORMATION REGARDING THE PLATFORM AND TO MARKET OUR AND THIRD PARTIES’ PRODUCTS AND SERVICES TO YOU. YOU MAY NOT USE THE PLATFORM IF YOU DO NOT AGREE TO THESE TERMS.
- Modifications. We reserve the right to modify the Platform and the rules and regulations governing its use at any time, including, without limitation, these Terms. Modifications will be posted on the Platform and the “Last Updated” date at the top of this webpage will be revised. You understand and agree that if you use the Platform after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms. We may make changes in the services described in the Platform at any time without prior notice to you.
- Restrictions on Use. You will not use the Platform for any use other than the business purpose for which it was intended. You will not take any of the following actions with respect to the Platform or the server hosting the Platform nor will you use our Platform to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use the Platform in any manner that: (i) uploads or transmits any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, commercial or otherwise; (ii) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the Platform or server hosting the Platform; (iii) manipulates or otherwise displays the Platform by using framing, mirroring or similar navigational technology or directly links to any portion of the Platform; (iv) uses any robot, spider, scraper or other automatic or manual means to access the Platform or copies any content or information on the Platform; (v) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of us or our affiliates, partners, suppliers or our licensors; (vi) modifies, adapts, improves, enhances or makes any derivative work from the Platform; (vii) disables, overburdens, impairs or otherwise interferes with or interrupts the Platform or any hardware, software, system or network connected with the Platform; (viii) probes, scans, or tests the vulnerability of or breaches the authentication measures of the Platform or any related networks or systems; (ix) interferes with any other party’s use and enjoyment of the Platform; (x) infringes the copyright, trademark or any proprietary rights or discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (xi) compiles, uses, downloads or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; (xii) is fraudulent, malicious or unlawful, unauthorized or contains defamatory or illegal information, images, materials or descriptions; (xiii) promotes or provides instructions for illegal activities; (xiv) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (xv) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (xvi) attempts to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; or (xvii) accesses systems, data or information that we do not intend to be made accessible to you. Use of the Platform is limited to persons eighteen (18) years of age or older.
- Registration, Access & Security. If you use any of our services or provide us any information through the Platform, including, without limitation, your name, birth date, age, address, zip code, phone number, contact details, email address, and/or your password (collectively, your “Account Data”), you agree to provide true, accurate, current, complete and up-to-date information. If you provide any information that is untrue, inaccurate, non-current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, then we have the right to terminate or refuse any and all current or future access or use of the Platform (or any portion thereof). If we enable you to use your existing account from a third party social media platform, (e.g. Facebook, LinkedIn, etc.), your identification information required for you to log into the Platform will also be considered your Account Information. We reserve the right to take any action that we deem necessary to ensure the security of the Platform, including any account associated with you or another person (“Account”), including without limitation changing your password, terminating your Account, or requesting additional information to authorize actions on your Account. You are solely responsible for keeping your Account Data and any security questions and responses associated with your Account confidential. Anyone with knowledge of or access to your Account Data or the security questions and responses associated with your Account can use that information to gain access to your Account. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep your Account Data and the security questions and responses confidential, whether such failure occurs with or without your knowledge or consent. You will immediately notify us of any suspected or actual unauthorized access to or use of your Account Data or any other breach of your Account security.
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software, and communication lines required to access and use the Platform, and we reserve the right to change the access configuration of the Platform at any time without prior notice.
- Your Representations, Warranties, and Acknowledgements. In addition to your other obligations under these Terms,you represent, warrant, and covenant that: (a) you currently do not have any medical insurance or plan of health benefits of any type (whether a private or a government program, such as Medicare, Medicaid, or Tricare); (b) you will not negotiate any prices for the Provider’s medical or other healthcare services that the Provider lists on the Platform; (c) you will not submit claims for the services provided by a Provider and listed on the Platform to any third party payors (e.g. medical insurance providers) and you acknowledge that the Providers will not submit claims for the services provided by a Provider and listed on the Platform to any third party payors (e.g. medical insurance providers); (d) you will use your best efforts to arrive on time at the mutually agreed or tentatively scheduled appointment; and (e) you will not purchase or request to purchase the services the Provider offers through the Platform in order to circumvent using the Platform and/or paying any Access Fees (defined below). You acknowledge that paying a Provider for one or more of its services listed on the Platform does not include any other or additional services, including, without limitation, devices, tests, or treatments, including without limitation, the costs of any related services, additional emergency services, emergency room visits, retreatments, or any different or subsequent testing you may request or require. You further acknowledge that until you visit a Provider and agree with them on the scope of services they will provide to you, you do not have any type of contractual or doctor-patient relationship with them. You acknowledge that by agreeing to these Terms and by using the Platform, you are not guaranteed to have any Provider agree to meet with you or treat you or that your use of the Platform will save you any money.
- Platform Access Fees. You are solely responsible for any access fees that we may charge for your use of the Platform (the “Access Fees”). The Access Fee will be charged to you at the time you book a tentative appointment with a Provider through the Platform and will apply for each tentative appointment you book with a Provider through the Platform, including, without limitation, where you have booked an appointment for additional services from a Provider that you have already visited (and paid a previous Access Fee) in the past. The Access Fees are non-refundable and non-cancelable. Further, the Access Fees are not contingent on any Provider you choose or services you receive from any Provider, including, without limitation, in instances where you may meet with a Provider and not receive any services from that Provider or any other Provider. The Access Fees are separate from any amounts you pay to any Provider and payment of any Access Fee will not be credited to any amount you may owe to a Provider.
- Appointments Booked Through the Platform. Please be aware that appointments booked through the Platform with a Provider are tentative and subject to time and/or date changes by the Provider until the Provider confirms an appointment time and date directly with you. We will not be aware of or have any information regarding any changes your Provider may make to your appointment and we are not responsible for communicating, and we will not communicate, any such changes to your Provider. We encourage you to contact the Provider directly to confirm your appointment date and time. If you have to change the time or date or cancel your appointment, please do not contact us and instead contact the Provider directly. We are not responsible for communicating, and we will not communicate, any such changes or cancellations you may require for your appointment to your Provider.
- HEALTHdrum Does Not Provide Medical Advice. WE DO NOT PROVIDE MEDICAL ADVICE, MEDICAL OR OTHER PROFESSIONAL SERVICES, OR ANY GUIDANCE OR SUGGESTED DIAGNOSIS OR TREATMENT FOR YOUR PARTICULAR SITUATION OR ANY OTHER FORM OF MEDICAL SERVICES. We never recommend or endorse any specific tests, physicians, products, procedures, opinions, or other medical information. We have not evaluated the education, training, experience or credentials of any doctors, or health care providers. RELIANCE ON ANY INFORMATION PROVIDED BY THE PLATFORM IS SOLELY AT YOUR OWN RISK. We are not responsible for any services provided or not provided by medical professionals who treat you as a result of the Platform. We are not a “covered entity,” “health insurance issuer,” “health care clearinghouse,” “health care provider,” or “business associate” and are therefore not required to comply with the privacy rules and security rules implemented under the Administrative Simplification Provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). YOU ARE STRONGLY ENCOURAGED TO DISCUSS YOUR PROVIDER’S HEALTH INFORMATION PRIVACY AND SECURITY POLICIES AND PROCEDURES WITH YOUR PROVIDER. THIS PLATFORM IS ONLY TO BE USED IN CONNECTION WITH THE PURCHASE OR SALE OF SERVICES WHICH ARE NOT REIMBURSED BY ANY STATE OR FEDERAL HEALTH CARE PROGRAM, INCLUDING MEDICARE OR MEDICAID. NO SERVICES MAY BE OFFERED ON THIS PLATFORM TO BENEFICIARIES OF ANY SUCH FEDERAL OR STATE HEALTH CARE PROGRAM. NO SERVICES RECEIVED AS A RESULT OF THE USE OF THIS WEBSITE MAY BE SUBMITTED TO ANY FEDERAL OR STATE HEALTH CARE PROGRAM FOR REIMBURSEMENT.
- No Warranties From HEALTHdrum and Disclaimer. THE PLATFORM AND ALL MATERIALS ON THE PLATFORM ARE PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE PLATFORM OR ANY SERVICES, INFORMATION, OPINIONS, AND MATERIALS AVAILABLE THROUGH THE PLATFORM. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM THE PLATFORM BEFORE RELYING ON IT. USE OF THE PLATFORM IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE PLATFORM OR THE MATERIALS PROVIDED THROUGH THE PLATFORM WILL BE UNINTERRUPTED, COMPLETELY SECURE, VIRUS-FREE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER WRITTEN, ORAL OR MULTIMEDIA, OBTAINED BY YOU FROM THE PLATFORM WILL CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WE DISCLAIM ANY WARRANTIES OR REPRESENTATION AND WE DO NOT GUARANTEE THAT YOUR AGREEMENT TO THESE TERMS AND/OR USE OF THE PLATFORM WILL LEAD TO ANY PROVIDER AGREEING TO MEET WITH YOU OR TREAT YOU OR THAT YOUR USE OF THE PLATFORM WILL SAVE YOU ANY MONEY
WE DO NOT ENDORSE ANY PROVIDER. WE MAY, BUT ARE NOT REQUIRED AND UNDERTAKE NO OBLIGATION TO, REVIEW THE QUALIFICATIONS OF ANY PROVIDER, AND WE MAKE NO WARRANTIES REGARDING THE LICENSURE, EXPERIENCE, QUALIFICATIONS, OR QUALITY OF ANY PROVIDER OR ANY PROVIDER’S SERVICES. YOU ACKNOWLEDGE THAT ANY SERVICES PROVIDED BY A PROVIDER THAT ARE CONSIDERED “STANDARD” OR APPROVED BY THE FOOD AND DRUG ADMINISTRATION (FDA) ARE NOT GUARANTEED TO BE COMPLETELY SAFE OR EFFECTIVE. FURTHER, WE DISCLAIM ALL WARRANTIES AND LIABILITIES RELATED TO THE PROVIDERS, ANY ACTS OR OMISSIONS THEREOF, AND ANY CONTENT OR SERVICES MADE AVAILABLE THEREBY OR BY US, WHETHER THROUGH THE PLATFORM OR OTHERWISE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE APPROPRIATENESS, ACCURACY, COMPLETENESS, AND RELIABILITY OF ANY INFORMATION, OPINIONS, ADVICE, OR OTHER CONTENT MADE AVAILABLE BY THE PROVIDERS OR US, WHETHER THROUGH THE PLATFORM OR OTHERWISE, AND WE HEREBY DISCLAIM ANY WARRANTIES AND LIABILITIES RELATED TO SUCH CONTENT. THE PROVIDER IS ONLY RESPONSIBLE FOR THE SERVICES IT LISTS ON THE PLATFORM AND IS NOT RESPONSIBLE FOR PROVIDING ANY ADDITIONAL SERVICES, DEVICES, TESTS, OR TREATMENTS, INCLUDING, WITHOUT LIMITATION, RELATED SERVICES, EMERGENCY ROOM VISITS, RETREATMENTS, OR ANY OTHER OR SUBSEQUENT TESTING (“OTHER SERVICES”). YOU ACKNOWLEDGE THAT BY PAYING A PROVIDER FOR ONE OR MORE OF ITS SERVICES LISTED ON THE PLATFORM, THAT SUCH PAYMENT DOES NOT INCLUDE THE COSTS OF ANY OTHER SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 15 BELOW, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE PLATFORM SHALL BE TO DISCONTINUE USING THE PLATFORM. YOU ACKNOWLEDGE THAT, TO MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP STORES PROVIDE NO WARRANTY OR REPRESENTATION REGARDING THE PLATFORM.
- Ownership. The Platform and all rights therein are and will remain our property or the property of our licensors. Neither these Terms nor your use of the Platform convey or grant to you any rights in or related to the Platform except for the limited license we grant you above.All trademarks, service marks and logos that are used or displayed on the Platform are owned by us or our licensors. You must obtain our written permission prior to using any trademark or service mark of ours. Unauthorized use of any trademarks, service marks or logos used on the Platform may be a violation of state, national and international trademark laws. Additionally, our custom icons, graphics, logos, and scripting on the Platform may be covered by trademark, trade dress, copyright, or other proprietary right law, and may not be copied, modified, or used, in whole or in part, without our prior written permission.
- Reviews, Comments and Other Content. Should you post or submit any reviews, comments, photos, statements, ideas, questions or other content, or any names or user names associated with any of the foregoing, to the Platform or to us (collectively, the “Content”), you acknowledge and agree that all such Content will comply with these Terms (including, without limitation, Section 3 above) and you may not use any fake e-mail address or impersonate any other person or entity or otherwise mislead as to the origin of the Content. Unless we indicate otherwise, you grant us an irrevocable, perpetual, fully paid up, royalty-free, enterprise wide, worldwide license to copy, modify, sell create derivative works from, or otherwise use the Content on any media and in any form for our business purposes. You represent and warrant that all Content that you submit or post complies with any applicable guidelines or rules of the United States Federal Trade Commission, including but not limited to FTC 16 CFR Part 255, regarding truth-in advertising and disclosure requirements. You represent and warrant that all Content you submit to the Platform or us is accurate, truthful, and non-deceptive and that all Content has evidence to back up the claims made.
- Indemnification. You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, agents, employees, contractors, partners and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys’ fees, due to, relating to, or arising out of: (i) your use of the Platform; (ii) your receipt of professional or medical services offered or arranged via the Platform; (iii) your violation of these Terms; (iv) any Content you provide; (v) your negligence, fraud, or willful misconduct; (vi) your Account; and/or (vii) your violation of any law or regulation or any rights of another entity or individual. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of these Terms.
- Limitation of Liability. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, SERVICES AND/OR PRODUCTS WE HAVE PROVIDED TO YOU ON OR THROUGH THE PLATFORM OR ANY MEDICAL OR OTHER HEALTHCARE SERVICES YOU RECEIVE FROM A PROVIDER, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE PLATFORM; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) ANY INJURY, HARM, OR OTHER DAMAGE YOU MAY SUFFER AS A RESULT OF A PROVIDER, INCLUDING, WITHOUT LIMITATION, CHOICE OF A PROVIDER AND THE PROVIDER’S SERVICES; (E) RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THE PLATFORM; AND (F) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, EPIDEMIC, PANDEMIC, ANY GLOBAL, NATIONAL, OR LOCAL PUBLIC HEALTH EMERGENCY OR DISEASE OUTBREAK (INCLUDING, WITHOUT LIMITATION, COVID-19 (A/K/A THE 2019 NOVEL CORONAVIRUS) OR ANY SIMILAR DISEASE(S)),TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE PLATFORM, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH:: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM YOU OR ANY PROVIDER; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE PLATFORM; OR (3) COMPUTER VIRUSES.
OUR TOTAL LIABILITY TO YOU RELATING TO THESE TERMS, YOUR RELATIONSHIP WITH ANY PROVIDER, AND ANY MEDICAL OR OTHER HEALTHCARE SERVICES YOU RECEIVE FROM ANY PROVIDER, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID US DIRECTLY FOR THE USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY ACCESS FEES (BUT NOT ANY AMOUNTS YOU HAVE PAID TO ANY PROVIDER), IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN TEN UNITED STATES DOLLARS ($10.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE PLATFORM WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS.
BY ACCESSING THE PLATFORM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
We are providing these links to other Internet sites as a convenience to you, and access to any other Internet sites linked to the Platform is at your own risk. We are under no obligation to maintain any link on the Platform and we may remove a link at any time in our sole discretion for any reason whatsoever. We will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website or for any action you may take as a result of linking to any such website.
- No Fiduciary Relationship. Except to the extent set forth in a separate agreement between you and us, there is no fiduciary relationship between you and us. We are not a medical or other healthcare provider. These Terms do not create any relationship of doctor-patient, principal-agent, partnership, joint venture, or employer-employee between you and us. You may not enter into any contract on our behalf or bind us in any way.
- Electronic Communications and Notice. When you visit the Platform or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail at the address we have on file for you (if any), sending you messages through the mobile application we provide, or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
All notices required or permitted under these Terms to us will be in writing and sent by certified mail, return receipt requested, or by reputable oversight courier, or by hand delivery, provided that we may provide written notice to you through electronic communications as described in the paragraph immediately above. The notice address for HEALTHdrum is HEALTHdrum.com 4613 N. University Dr., #374, Coral Springs, Fl. 33067. Any notice sent in the manner sent forth above shall be deemed sufficiently given for all purposes hereunder (i) in the case of certified mail, on the second business day after deposited in the U.S. mail, and (ii) in the case of overnight courier or hand delivery, upon delivery. We may change our notice address by giving written notice to you by the means specified in this Section 19.
- Use Outside of the United States; Choice of Law; and Venue. The Platform is operated by us from our offices within the United States of America. We make no representation that the information in the Platform is appropriate or available for use in other locations, and access to the Platform from territories where the contents of the Platform may be illegal is prohibited. Those who choose to access the Platform from other locations do so, on their own initiative and are responsible for compliance with applicable local laws. You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties. By using the Platform, regardless of where you live or are located in the world, you consent to these Terms and any claims relating to the information, services or products made available through the Platform will be governed by the laws of the State of Florida, U.S.A., excluding the application of its conflicts of law rules. You agree that, subject to the nest sentence, venue for all actions, relating in any manner to these Terms, will be in a federal or state court of competent jurisdiction located in Broward County, Florida. If you wish to file a claim or initiate a dispute against us arising out of these Terms and/or the Platform, subject to Section 21 below, you must first submit the claim or dispute to non-binding mediation by the American Health Lawyers Association and you agree such mediation will be held in Broward County, Florida. If mediation is not successful within ninety (90) days after your request for mediation, either you or we may then submit the dispute or claim to the state or federal courts in Broward County, Florida. You and we will equally share the costs of any mediation proceeding.
- Time Limit on Claims Against us. You agree that any claim you may have arising out of or related to your use of the Platform or your relationship with us must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
- Severability and Waiver. If any provision of these Terms will be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.
- Assignment. We may assign these Terms or any part of them without restriction or condition. You may not assign or otherwise transfer these Term or your rights under these Terms without our prior written consent and any assignment in violation of this prohibition will be null and void.
- Our Remedies. You agree that any violation, or threatened violation, by you of these Terms will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
- Third Party Beneficiaries and App Store Terms. You acknowledge and agree that the App Stores, and their subsidiaries, are third party beneficiaries of these Terms, and that, upon your use of the App (which we consider your acceptance of these Terms), an App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You further agree to comply with our App Stores’ terms and conditions: (a) Apple Media Services Terms and Conditions (available at: https://www.apple.com/legal/internet-services/itunes/us/terms.html); and (b) Google Play Terms of Service (available at: https://play.google.com/about/play-terms/index.html), which are incorporated herein and made a part of these Terms by this reference.