YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION INCLUDING ANY CONTENT THEREIN IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND THE CONTENT IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND THE CONTENT, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE FUNCTIONS OR CONTENT CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT THE OPERATION OF THE APPLICATION OR THE CONTENT WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED; OR THAT THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. BY ACCESSING OR USING THE APPLICATION YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APPLICATION.
IN NO EVENT SHALL WE OR OUR AFFILIATES, SUBSIDIARIES, JOINT VENTURERS, THIRD-PARTY SERVICE PROVIDERS, AND OUR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS AND DIRECTORS (THE “RELEASED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE APPLICATION (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF ONE HUNDRED US DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US FOR THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
The Company does not give medical advice. The Application may provide helpful health-related information and materials, but such information and materials are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. You assume full risk and responsibility for the use of information you obtain from or through the Application. In addition, we do not recommend or endorse any provider of health care or any third-party health-related products, items or services.
The Application may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
When registering for an account to use this Application you agree and commit to the following:
The materials appearing on the Application could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Application are accurate, complete, or current. We may make changes to the materials contained on the Application at any time without notice. We may from time to time, in our sole discretion, provide Application updates. These updates may also modify or delete certain features or functionality of the Application. We do not, however, make any commitment to update the materials.
Although the Application may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Application are available to all persons or in all geographic locations. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature or service available through the Application to any person or geographic area. Any offer for any feature or service made available through the Application is void where prohibited. If you chose to access the Application, you do so on your own initiative and are solely responsible for complying with applicable local laws.
You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. 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 (including, without limitation, the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List).
The Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. § 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 through 227.7202-4, as applicable, to the extent that the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users, the Commercial Computer Software and Commercial Computer Software Documentation are licensed (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Purchases are not refundable unless the Application does not function as advertised after it is downloaded by you. If a refund is deemed by the Company as the only practical means to resolve such an issue the refund will not exceed the amount the Company received from you when you purchase of the Application. If the Application functions after you download it and you have other concerns they are considered by the Company to be either a problem or a dispute and they are covered above in Section 14.
We may give legal notice to you by means of a general notice on the Application, electronic mail to your email address on our records (if you have provided one), or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record (if you have provided one). All legal notices given by you to us shall be mailed to email@example.com