We may modify these Terms at any time by posting the revised Terms on the App . Any modifications will be effective immediately upon such posting. Your use of or access to the Application after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the foregoing, any modifications to these Terms shall not apply to any dispute between us arising prior to the date on which we post the revised Terms that contain such modifications.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify, suspend or discontinue the Application; charge fees in connection with the use of the Application; modify and/or waive any fees charged in connection with the Application; and/or offer opportunities to some or all users of the Application. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Application, in whole or in part, or of any service, content, feature or product offered through the Application.
DISCLAIMER: NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR ADVICE
THE APPLICATION AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. YOUR USE OF THE APPLICATION IS VOLUNTARY AND AT YOUR SOLE RISK. THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATION IS GENERAL IN NATURE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE. IT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED, AND SHOULD NOT BE USED, TO REPLACE THE ADVICE OF HEALTHCARE PROFESSIONALS. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON THE APPLICATION AND THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATION, AND FOR ALL DECISIONS OR ACTIONS RESULTING FROM YOUR USE OF THE APPLICATION AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY DECISION NOT TO SEEK OR REFRAIN FROM SEEKING ANY DIAGNOSIS OR TREATMENT. YOU ARE ALSO SOLELY RESPONSIBLE FOR YOUR DECISION TO USE THE SERVICES OF ANY PARTICULAR THIRD-PARTY PROVIDER. IF YOU HAVE SPECIFIC HEALTHCARE NEEDS, OR FOR COMPLETE HEALTH INFORMATION, PLEASE SEE A DOCTOR OR OTHER HEALTHCARE PROVIDER.
The Application are controlled and operated by BioStatus Health from the United States, and are not intended to subject BioStatus Health or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. BioStatus Health does not represent or warrant that the Application or any part thereof are appropriate or available for use in any particular jurisdiction other than the United States.
BioStatus Health grants to you a limited, royalty-free, non-exclusive, personal and non-transferable, license to install and use the App on a single personal mobile electronic device or smart phone owned or controlled by you solely for your own personal, non-commercial purposes, subject to your compliance with these Terms.
The Application (including any content made available through the Application) are the property of BioStatus Health (or its licensors) and are protected by applicable intellectual property laws. The App is licensed, not sold, to you. You may utilize the Application only as permitted by these Terms. You may not, and will not permit any other party to: (1) modify, adapt, alter, translate or create derivative works of the Application; (2) use or merge the Application, or any component or element thereof, with other software, databases or services not provided by BioStatus Health; (3) sublicense, distribute, sell or otherwise transfer the Application to any third party; (4) use the App as a service bureau, or lease, rent or loan the App to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Application; (6) interfere in any manner with the operation of the Application; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Application; (8) create a database by systematically downloading and storing the Application; (9) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather the Application or reproduce or circumvent the navigational structure or presentation of the Application without our express prior written consent; or (10) use the Application for any commercial purposes. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Application. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Application.
Any logo, trademark, servicemark, domain name, or trade name appearing on the Application, including "BioStatus Health," ("Marks"), whether registered or not, are the property of BioStatus Health or their respective owners. You may not use any Marks without the express written permission of BioStatus Health.
BioStatus Health may suspend or terminate your use of or access to the Application if you fail to comply with the Terms. Such suspension or termination may result in the permanent deletion of your information or other previously available content.
You acknowledge and agree that you (and not BioStatus Health) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Application, and for paying all charges related thereto. BioStatus Health does not operate or control the Internet or your mobile connection, and therefore BioStatus Health does not and cannot guarantee that the Application will be error or virus free, invulnerable to hackers or other unauthorized users, or always available.
To the fullest extent permitted under law, you will defend, indemnify and hold harmless BioStatus Health and its affiliates, and its and their officers, directors, employees, agents and licensors from and against all claims, actions, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) arising out of or related to your use of the Application or any violation of these Terms by you.
BioStatus Health AND ITS AFFILIATES DISCLAIM ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BioStatus Health AND ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERROR, DELAY OR INTERRUPTION IN THE APPLICATION OR ANY HEALTHPLAN SERVICES. BioStatus Health AND ITS AFFILIATES MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY REGARDING THE TIMELINESS, RELIABILITY, ACCURACY, COMPLETENESS OR USEFULNESS OF ANY PORTION OF THE APPLICATION OR ANY HEALTHPLAN SERVICES, INCLUDING THE CONTENT MADE AVAILABLE THROUGH THE APPLICATION OR ANY HEALTHPLAN SERVICES, OR REGARDING THE AVAILABILITY OR APPROPRIATENESS OF THIRD-PARTY PROVIDERS OR PAYORS. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE APPLICATION AND ANY HEALTHPLAN SERVICES IS AT YOUR OWN RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE THAT YOU MAY INCUR THROUGH USE OF THE APPLICATION AND ANY HEALTHPLAN SERVICES, EXCEPT TO THE EXTENT THAT THE APPLICABLE LAWS OF A PARTICULAR JURISDICTION CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT.
BioStatus Health AND ITS AFFILIATES MAY NOT BE HELD LIABLE UNDER ANY PROVISION OF THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES, OR FOR ANY OTHER DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF BioStatus Health KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THAT THEY ARE LAWFUL IN YOUR JURISDICTION. BioStatus Health MAY NOT BE HELD LIABLE FOR MORE THAN $100 UNDER ANY PROVISION OF THIS AGREEMENT.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the use of the Application, whether between you, BioStatus Health, its affiliates or any Third-Party Provider or Payor.
In choosing to access the Application, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; (b) on any of the U.S. government lists of restricted end users. We may limit the Application' availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
You agree that these Terms shall be construed in accordance with the laws of the State of Texas without regard to its conflict of laws provisions. Any claim or dispute arising in connection with your use of the Application shall be brought exclusively in the courts of the State of Texas. Any cause of action or claim you may have with respect to the Application must be commenced within one (1) year after the cause of action or claim arises. BioStatus Health's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and BioStatus Health nor any trade practices shall act to modify the Terms. BioStatus Health may assign its rights and duties hereunder to any third party at any time without consent or notice to you.
If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms, together with all policies referred to herein, are the entire Agreement between you and BioStatus Health relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and BioStatus Health relating to such subject matter.
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, you acknowledge and agree to the following provisions with respect to your use of the version of the App that is compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App, except if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including, without limitation, any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to BioStatus Health in accordance with the "QUESTIONS" section below. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple's App StoreSM Terms of Service. In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the App, such as your wireless data service agreement. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. Notwithstanding the immediately preceding sentence, BioStatus Health's right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
You may contact BioStatus Health at firstname.lastname@example.org with any questions, complaints or claims regarding the Application.