Last modified December 27, 2018
END USER LICENSE AGREEMENT
IMPORTANT – READ CAREFULLY PRIOR TO INSTALLING OR DOWNLOADING THIS MOBILE APPLICATION.
This End User License Agreement (“Agreement”) is an agreement between you ("you") and the clinic from whose website you downloaded this mobile application (the "Clinic"), and contains the terms and conditions governing your use of the mobile software product available from the Clinic (the “App”) pursuant to which you may obtain or request certain information or services in the App (the “Services”).
This Agreement takes effect when you accept this Agreement in the manner provided in the App or its download page or otherwise when you install or use the App.
The terms of this Agreement apply to all upgrades and updates to the App, unless such upgrade or update is accompanied by a separate license, in which case the terms of that license will govern. Your use of the App is voluntary and you may uninstall the App at any time.
1. License and Restrictions.
Subject to the provisions of this Agreement, the Clinic grants you a personal, limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to: (i) install and use the App in object code format only, and (ii) to use the Services available through the App for your personal use only.
You shall comply with any additional agreements or terms and conditions when using the App or Services. You shall not make any copies of the App or the Services. Use of the App or Services does not constitute a grant of any license or other right to use or exploit any of the proprietary rights related to the App or Services, except as expressly granted to you in this Agreement. You shall not modify, remove, or obscure any proprietary notices contained in or on the App or the Services or any screen images related to the App or Services. You shall not distribute, reverse engineer, translate, decompile, or disassemble the App; and you shall not in any other manner attempt to access or learn the source code related to the App. You shall not copy, frame, or mirror any content forming part of the App or Services.
The App and any underlying technology may not be exported by you outside the United States in a manner that is prohibited by applicable export laws and regulations.
The App and Services are licensed to the Clinic by Connected & Inspired Media, LLC (the “Supplier”). The Clinic, in turn, licenses these to you. The Supplier is and shall be the exclusive owner of all right, title, and interest in and to the App and the content in the Services; including without limitation, any and all patents, copyrights, trademarks and service marks, trade secrets, and all other proprietary rights of any kind whatsoever related to or used in the App or such content. You agree that the Supplier shall have the right to enforce this Agreement against you.
YOU EXPRESSLY ASSUME ANY AND ALL RISKS RELATED TO YOUR USE OF THE APP AND THE SERVICES.
THE APP AND THE SERVICES ARE PROVIDED “AS IS, WITH ALL DEFECTS.” THE APP AND THE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
Health Care Disclaimer.
THE INFORMATION PROVIDED IN THE APP AND THE SERVICES IS PROVIDED, AND SHOULD NOT BE SUBSTITUTED FOR HEALTH ADVICE, DIAGNOSIS, OR TREATMENT FROM A QUALIFIED HEALTH PROFESSIONAL. THE CLINIC AND SUPPLIER ASSUME NO RESPONSIBILITY FOR USE OR MISUSE OF THE INFORMATION PRESENTED IN THE APP OR SERVICES.
YOUR RELIANCE ON THE INFORMATION IN THE APP OR SERVICES IS AT YOUR SOLE DISCRETION AND YOU SHOULD TALK TO YOUR CHIROPRACTOR BEFORE MAKING HEALTH CARE DECISIONS OR ENGAGING IN ANY EXERCISES OR ACTIVITIES PRESENTED IN THE APP OR SERVICES.
4. Limitations on Liability
THE CLINIC, THE SUPPLIER AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, MEMBERS, SUBSIDIAREIS, AFFILIATES, OR AGENTS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR USE OF THE APP OR SERVICES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE RELATED TO THIS AGREEMENT, THE APP OR SERVICES SHALL BE UNINSTALLING THE APP AND CEASING USE OF THE APP AND SERVICES. IN THE EVENT A COURT AWARDS DIRECT DAMANGES DESPITE THE FOREGOING, SUCH DAMAGE SHALL NOT EXCEED THE LESSER OF $5.00 OR THE AMOUNT PAID BY YOU FOR THE APP.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions, or limitations in this Agreement may not apply to you, and you might have additional rights.
5. Term and Termination
The Clinic or Supplier may, in its sole discretion, terminate this Agreement and/or the Services without cause at any time. Your license to the App and the Clinic’s obligations under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. No notice will be required from the Clinic or Supplier to effectuate such termination. You will receive no refunds upon termination.
Upon termination of this Agreement, all of your rights to use the App and Services shall terminate immediately and you shall remove the App from your mobile device.
You and your heirs, representatives, successors and assigns shall indemnify, defend, and hold harmless the Clinic, the Supplier and their respective successors and assigns from and against in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties and reasonable attorneys’ fees, that the Clinic or Supplier incurs or suffers, which arise from, result from, or relate to you use of the App or Services or this Agreement.
You are responsible for compliance with applicable laws. This Agreement has been prepared in English, and English is the controlling language with respect to all matters concerning this Agreement. Any and all notices or communications related to this Agreement must be in English. The provisions of this Agreement, which, by their terms, require performance after the termination of this Agreement, or have application to events that may occur after the termination of this Agreement, shall survive the termination of this Agreement. This Agreement is personal to you and you may not assign your rights or delegate your duties under this Agreement. Any failure by the Clinic or Supplier to enforce any provision of this Agreement shall not be construed as a waiver of any provision or the right to enforce same. If any portion of this Agreement is held to be invalid, such holding shall not invalidate the other provisions of Agreement.
This Agreement shall be governed by the laws of the State of Minnesota (without regard to its choice of law principles or rules) and the applicable laws of the United States. For the purpose of resolving conflicts related to or arising out of this Agreement, the parties expressly agree that venue shall be in the federal and state courts located in Hennepin County in the State of Minnesota, and, in addition, the parties hereby expressly consent to the exclusive jurisdiction of the federal and state courts in Hennepin County in the State of Minnesota. Regardless of any statute or law to the contrary, any claim or cause of action you may have that arises out of or is related to this Agreement must be filed within two (2) years after such claim or cause of action arose or be forever barred.
This Agreement sets forth the entire understanding between the parties with respect to the subject matter hereof, there being no terms, conditions, warranties, or representations other than those contained in this Agreement, and shall supersede any prior agreements between the parties with respect to the subject matter hereof. The Clinic or Supplier may revise this Agreement at any time without notice, and any continued use of the App or Services following the date on which changes to this Agreement are published with or in the App shall constitute your acceptance of all such changes.
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