THE SERVICES ARE NOT INTENDED TO PROVIDE MEDICAL ADVICE OR BE USED TO AID IN DIAGNOSTIC DECISIONS. IN NO WAY DO WE REPRESENT THAT THE SERVICES CAN BE RELIED ON TO MAKE DECISIONS REGARDING MEDICAL CARE. YOU SHOULD SEEK THE ADVICE OF A QUALIFIED MEDICAL PROFESSIONAL REGARDING EXPOSURE TO, POTENTIAL SYMPTOMS AND TREATMENT OF COVID-19.
You must be at least 18 or older and of legal age to form a binding agreement or, if you are not of age to form a legally binding agreement, have your parent or guardian’s consent, to access or use the Services.
3. USE AT YOUR OWN RISK
4. SCOPE OF LICENSE
4.2 This license will also govern any updates to the App, unless a separate license is provided for such update in which case the terms of that new license will govern.
4.3 You may not copy, modify, distribute, sell, reproduce, duplicate, exploit or lease any part of the Services.
4.4 You may not publish, reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Services. You may not access or interact with the Services (or any information provided by the Services) other than through the Services’ regular user interface.
4.5 You will not remove, alter, or obscure any copyright, trademark, or other proprietary notice in the Services.
4.8 All right, title, and interest in and to the Services, including without limitation trademarks, service marks, trade names, images, audio, text, software, designs and the “look and feel” of the Services (collectively, “Content”), are and will remain the exclusive property of us. The Services are protected by copyright, trademark, and other intellectual property laws of both the United States and foreign countries. Except as otherwise stated herein, you shall not use our Content without our express written permission. All rights not expressly granted to you in this Agreement are reserved by us.
5. ACCEPTABLE USE
You must use the Services in a responsible manner and only for the purposes for which they are intended. For example, you may not attempt to re-identify any data collected or generated by the Services. You may not make false claims or representations in connection with your use of the Services, such as sharing a false test result. You may not use the Services for any unlawful purposes.
We do not solicit ideas about the Services, including suggestions to add features or improve functions. However, if you send us any ideas, suggestions, images, drawings, graphics, innovations, concepts, recommendations, or similar materials (“Submissions”) you agree that the Submissions are not confidential and we assume no obligation, expressed or implied, by considering them. You hereby assign such Submissions to us without compensation (or the expectation of compensation) and agree that we may disclose, reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes with no compensation to you. For any Submissions that cannot be legally assigned to us, you hereby grant us an exclusive, unrestricted, perpetual, royalty-free, irrevocable and worldwide license to disclose, reproduce, republish, modify, distribute, display, perform, transmit, sell, or otherwise use your Submissions for commercial or non-commercial purposes in any manner and medium with no compensation to you.
7. PROHIBITED CONDUCT
8. NO MAINTENANCE OR SUPPORT
We have no obligation, expressed or implied, to provide any maintenance, technical or other support for the Services.
9. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
9.1 You agree your access to and use of the Services is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY INFORMATION THEREIN. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES. YOU ALSO AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY INFORMATION AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, VIRUS-FREE, DEFECT-FREE OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. INFORMATION PROVIDED THROUGH THE SERVICES IS NOT MEDICAL ADVICE, AND YOU SHOULD CONSULT A QUALIFIED MEDICAL PROVIDER OR YOUR LOCAL HEALTH AUTHORITIES BEFORE TAKING ACTION BASED ON SUCH INFORMATION.
9.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY INFORMATION OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE OR YOU HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE AMOUNT YOU PAID TO PURCHASE THE APP, IF ANYTHING, IN THE AGGREGATE FOR ALL CLAIMS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
10. LEGAL COMPLIANCE
You agree to comply with all applicable laws and regulations in connection with your import, export, or use of the Services.
11. APPLICABLE LAW
You agree that we may send to you in electronic form any notices or other communications regarding the Services and such electronic form will satisfy any legal requirements with respect to communications or notice.
Effective Date: August 26, 2020