Terms of Service
LAST UPDATED: Nov. 19th, 2020
THESE EASY HEALTHCARE TERMS OF SERVICE (THE “TERMS”) ARE A LEGAL AGREEMENT BETWEEN EASY HEALTHCARE CORPORATION (“EASY HEALTHCARE”, “WE,” “US” or “OUR”) AND YOU. THESE TERMS DESCRIBE THE TERMS AND CONDITIONS ON WHICH WE WILL OFFER YOU ACCESS TO OUR WEBSITE (“SITE”), SOFTWARE (AS FURTHER DEFINED HEREIN) AND MOBILE APPLICATION (“APP”) (THE SITE, SOFTWARE AND APP TOGETHER ARE CALLED “PREMOM” OR THE “SERVICES”).
THESE TERMS CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE LIABILITY OF EASY HEALTHCARE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, BECAUSE ACCESSING AND USING THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS, YOU ARE NOT PERMITTED TO INSTALL, COPY, USE, OR TRANSFER THE SOFTWARE AND YOU WILL NOT HAVE ANY RIGHTS HEREUNDER TO THE SOFTWARE OR TO USE THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD PROMPTLY UNINSTALL THE SOFTWARE. THE SOFTWARE IS COPYRIGHTED AND LICENSED AND IS NOT SOLD.
DISCLAIMER: THE SERVICES ARE INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. NEITHER EASY HEALTHCARE NOR THE SERVICES OFFER, NOR ARE THE ONE-ON-ONE CONSULTATIONS MADE AVAILABLE THROUGH THE SERVICES INTENDED TO OFFER ANY MEDICAL ADVICE, DIAGNOSIS, OR TREATMENTS. THE INFORMATION AVAILABLE THROUGH THE SERVICES SHOULD NOT BE CONSTRUED AS, AND EASY HEALTH CARE DISCLAIMS THE PRACTICE OF MEDICINE PURSUANT TO THE SERVICES.
CALL 911 IMMEDIATELY IF YOU THINK YOU HAVE A MEDICAL EMERGENCY.
ALWAYS CONSULT YOUR PHYSICIAN AND ANY OTHER APPROPRIATE HEALTH CARE PROFESSIONALS IF YOU HAVE ANY MEDICAL QUESTIONS, CONCERNS ABOUT MEDICAL CONDITIONS, OR FOR ANY OTHER MATTERS RELATING TO YOUR HEALTH. THE SERVICES ARE NOT INTENDED TO BE USED TO PROVIDE MEDICAL ADVICE OR AS A SUBSTITUTE FOR CONSULTING WITH YOUR DOCTOR OR OTHER HEALTH CARE PRACTITIONER, NOR ARE THE ONE-ON-ONE CONSULTATIONS MADE AVAILABLE THROUGH THE SERVICES INTENDED TO REPLACE THE ADVICE, ANALYSIS, TREATMENT, OR JUDGMENT OF YOUR HEALTH CARE PROVIDER.
THE INFORMATION PROVIDED THROUGH THE SERVICES IS DESIGNED FOR GENERAL USE TO HELP YOU MAKE EDUCATED DECISIONS ABOUT YOUR OVULATION CYCLE AND FERTILITY HEALTH. YOU SHOULD NOT DEPEND ON OR USE THIS INFORMATION AS MEDICAL ADVICE. YOU HEREBY AGREE THAT YOU SHALL NOT MAKE ANY HEALTH OR MEDICAL RELATED DECISION BASED IN WHOLE OR IN PART ON ACCESS OR USE OF THE SERVICES OR ANY INFORMATION PROVIDED THROUGH THE SERVICES. EASY HEALTHCARE WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR YOUR RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICES. YOU ASSUME ALL RISK AND LIABILITY FOR YOUR USE OF, OR RELIANCE ON, THE SOFTWARE OR ANY INFORMATION PROVIDED THROUGH THE SERVICES.
BY DOWNLOADING, ACCESSING, OR USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE.
1. Changes to Terms.
1.1. Easy Healthcare reserves the right to add, remove, or modify any portion of these Terms at any time. You are obligated to check these Terms for any changes or modifications thereto. Changes and modifications to these Terms will be effective immediately. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Services. Your continued use of the Services after the changes have been posted indicate that you agree to and accept these changes.
1.2. The Effective Date of these Terms is set forth at the top of this page. As of the Effective Date, the amended Terms supersede all previous versions of our agreements, notices or statements about these Terms.
1.3. Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with the features. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Services to which they apply.
1.4. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, then you may not use the Services to which they relate. These Terms and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail for the Services to which the Additional Terms apply.
2. The Services.
The Services permit you to report personal information and health data, including but not limited to demographics, self-reported medical history, biometric data, psychosocial data, social media accounts, authentication information, inventory of installed applications on your device, phonebook or contact data, microphone and camera sensor data, and other information that you can link with the App (collectively, the “Data”) and transmit the Data to Easy Healthcare, as well as to Consultants (as set forth in Section 5 below) through use of the Services.
3. Using the Services.
3.1. You must be 16 years or older to be eligible to use the Services.
3.2. You are required to create an account (“Account”) to use certain features of the Services. You agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete, misleading or inaccurate information, you understand that we have the right to terminate your Account and use of the Services. You agree to protect the security of your Account. You are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes. Easy Healthcare treats access to the Services through your Account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited. Easy Healthcare may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. Please immediately notify Easy Healthcare using the contact information provided below if you believe that information you provided to us is no longer secure or if you need to deactivate your account or password.
3.3. If you share your Account username and password with another person, that person may be able to view personally identifiable health information about you.
3.4. You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device.
3.5. You understand and agree that all of your activities within the Services will be tracked.
3.6. Easy Healthcare does not provide any warranty regarding the Services’ operation in accordance with its intended use or any other use, as further set forth below.
4. Prohibited Use of the Services.
4.1. You shall access and use the Services only as permitted by Easy Healthcare and not for any unintended or unlawful purpose. In addition to the Software license restrictions set forth below, you agree that you will not (and you agree not to encourage or allow any third party to):
4.1.1. Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other users’ Accounts or Easy Healthcare’s computer systems or networks.
4.1.2. Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services;
4.1.3. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services, or cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
4.1.4. Use the Services to advertise, buy or sell any products or services;
4.1.5. Reformat or frame any portion of the web pages that are part of the Services;
4.1.6. Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type; or
4.1.7. Create an Account under fraudulent pretenses.
4.2. You can stop all collection of information by the App by uninstalling it. You may use the standard uninstall processes available as part of your mobile device or via the App Platform (as defined herein).
5.1. Easy Healthcare makes available one-on-one consultations in certain instances provided through the Site and/or App. Consultations provide you with a defined amount of time (“Minutes”) for an individual consultation with an independent fertility consultant (“Consultant”) or licensed health care practitioner (“Practitioner”, and collectively with Consultants, “Providers”). Please note that Consultants are not medical professionals, and no Providers will provide any medical advice, diagnosis, or treatment via the Services.
5.2. The consultations are conducted via a video call using a third-party service provider and must be scheduled at least 48 hours in advance in the App. The number of Minutes you have will be shown in your account in Premom and may change from time to time. You may allocate your available Minutes to one or more calls with pre-set durations as set forth by Easy Healthcare. If a call exceeds your available Minutes, you can purchase follow-up packages of additional minutes. The exact time slots and follow-up packages are subject to change. You may cancel or reschedule an appointment up to 24 hours before the scheduled time. Cancelations or rescheduling after that point, as well as no-shows, lead to a subtraction of the originally scheduled time from your call credit.
5.3. Easy Healthcare does not provide or facilitate any professional health care services. The Providers are independent of Easy Healthcare and only using the Services to communicate with you. Any information, education or advice received from a Provider through the Services comes from and is the sole responsibility of the Provider, and does not come from Easy Healthcare. Your interactions with the Providers via the Services are not intended to replace of your relationship(s) with your regular health care practitioner(s).
5.4. NEITHER EASY HEALTHCARE NOR ANY OF ITS LICENSORS OR SUPPLIERS OR ANY THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES SHALL BE LIABLE FOR ANY INFORMATION, EDUCATION OR ADVICE YOU OBTAIN FROM A PROVIDER VIA THE SERVICES NOR FOR ANY INFORMATION OBTAINED FROM THE SERVICES. ANY INFORMATION, EDUCATION OR ADVICE IS PROVIDED IN THE PROVIDER’S SOLE DISCRETION AND IS NOT THE RESPONSIBILITY OF EASY HEALTHCARE. YOU ACKNOWLEDGE YOUR RELIANCE ON ANY PROVIDERS OR INFORMATION PROVIDED BY OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH.
5.5. While Easy Healthcare takes steps to verify the information provided by the Providers on their profiles, Easy Healthcare does not make any representations or warranties about the training or skill of any Providers available through the Services. Easy Healthcare does not recommend or endorse any specific Provider that may be mentioned on the Site or App. In no event will Easy Healthcare be liable to the user or anyone else for any decision made or action taken by the user or anyone else on basis of the information provided on the Site and/or App or through the Services. You are ultimately responsible for choosing your particular Provider on the Services.
5.6. You hereby certify that you are physically located in the State you have entered as your current location on the Services. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification. IN THE EVENT THAT YOUR CERTIFICATION IS INACCURATE, YOU AGREE TO INDEMNIFY EASY HEALTHCARE AND THE PROVIDERS YOU INTERACT WITH FROM ANY RESULTING DAMAGES, COSTS, OR CLAIMS.
5.7. Prior to scheduling any one-on-one virtual consultation, you must sign a consent form acknowledging that Easy Healthcare may use and disclose your Data within the Services to Providers. By scheduling the consultation, you consent to the informational and educational consultation. You agree to hold harmless Easy Healthcare and any Consultant or Provider from all liability and damages resulting from the lawful use and disclosure of your Data.
6. Payment Authorization.
6.1. The Provider you choose and access for a consultation through the Services will have certain fees associated with the consultations they provide you via the Services. Easy Healthcare provides a payment service to collect the consult fees from you on behalf of the Provider. Your payment is processed through secure third-party payment gateway services.
6.2. By providing a credit card or other payment method accepted by Easy Healthcare (“Payment Method”), you are expressly agreeing that we are authorized to charge to the Payment Method (i) to collect payment from you on behalf of the Providers providing you the consultation(s); and (ii) any fees for your use of the Services, together with any applicable taxes. You agree that authorizations to charge your Payment Method remains in effect until you cancel it in writing, and you agree to notify Easy Healthcare of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the consultations or Services that correspond to consultation fees.
6.3. You acknowledge and agree that fees for consultations may increase at any time.
7. 9-Cycle Money-Back Guarantee.
7.1. We may offer to select users a 9-Cycle Money-Back Guarantee Program (“9-Cycle Program”) that you may be eligible to elect. Our 9-Cycle Program is our commitment to help you achieve your highest chance of a natural pregnancy. If you are selected to participate in the 9-Cycle Program and you are not able to conceive within 9 cycles, you may be eligible for a full refund of all your easy@Home or Premom branded ovulation and pregnancy test purchases and easy@Home digital and smart basal thermometers (hereafter called “Eligible Products”). Please note that easy@Home and Premom products cannot guarantee pregnancy. However, we can provide you with the optional opt-in privileges and promise to reimburse you for your eligible products used for the cycles you didn’t conceive.
7.2. You may be eligible to receive a full refund on the Eligible Products if the following conditions are met:
7.2.1. You signed-up for our 9-Cycle Program.
7.2.2. You uploaded your ovulation and pregnancy test results to the app in each menstrual cycle. Ovulation and pregnancy tests uploaded must be those included as an Eligible Products.
7.2.3. Your luteinizing hormone (LH) peak was detected and appeared in your Premom chart in each cycle.
7.2.4. You had intercourse on at least one of your peak fertility days and ovulation day in each menstrual cycle and logged it in Premom.
7.2.5. You did not get pregnant after 9 complete cycles upon starting this program. These complete cycles do not need to be consecutive, as long as a 2-cycle gap is not exceeded.
7.2.6. You are the original purchaser of all Eligible Products and your Order ID is searchable by us from Amazon.com, Walmart.com, Premom.com, Healthcare-manager.com, or any other stores authorized or owned by Easy@Home and Premom. The original purchaser must submit their Order ID’s when submitting a refund request.
7.2.7. The quantity of Eligible Products submitted for a refund does not exceed 150% of your uploaded tests on the App.
7.3. If the above conditions are met, you may submit a refund form. By submitting this refund form, you allow Premom to have access to your chart history to review whether or not you have met all of the refund criteria. All of your Data and test results must be authentic. Modifying past cycle's data or tests can result in the loss of the listed privileges, including your money-back on all eligible products.
7.4. You are also eligible for the following privileges after signing up for the program:
7.4.1 Free consultation after 6 complete cycles of trying and not getting pregnant upon starting the program. 9-Cycle Program providers will be chosen from a pre-selected group. A fertility provider qualified for the free consultation will be noted by a “9” symbol on the provider’s main profile. In order to qualify for this consultation:
(a) You must fulfill 6 green bars. Green bars appear if you have properly uploaded ovulation tests and pregnancy tests and found LH peak OR logged BBT and found the BBT spike and coverline. Had intercourse on at least one of your peak fertility days and ovulation days in each menstrual cycle and logged the activity in Premom during the cycle.
(b) You must use Easy@Home and Premom branded products.
(c) The consultation service is currently only available to users within the US and Canada, unless otherwise stated. Premom will only compensate for one fertility consultation as part of the guarantee program, whether or not the Premom user is in attendance.
7.4.2 Personalized progress report and cycle report
7.4.3 More accurate analytics and prediction
7.4.4 Personalized & VIP Care
7.4.5 Insights relevant to your unique cycle
7.5 According to the requirements of the 9-Cycle Program, all of your data and test results must be authentic. Modifying past cycle's data or tests can result in the loss of the listed privileges.
7.6 Please visit our money-back guarantee page for more details: https://premom.com/pages/money-back-guarantee-program
The Services are protected using commercially reasonable security measures. While such security reasonably protects your Data and use of the Services, if you have concerns regarding the security of your Data or the use of the Internet to communicate your personal or health information, you should consider not using the Services. You understand that Easy Healthcare takes no responsibility for and disclaims any and all liability or damages arising from you sharing or losing your Account or password. If Easy Healthcare has reason to believe that there is likely to be a breach of security or misuse of your App user account, your participation in the Services and use of the App may be suspended or discontinued by Easy Healthcare without prior notice.
9. Medical Advice Disclaimer
EASY HEALTHCARE PROVIDES THE SERVICES, INCLUDING THE RELATED INFORMATION AND CONTENT (COLLECTIVELY, “INFORMATION”) FOR INFORMATIONAL PURPOSES ONLY. EASY HEALTHCARE DOES NOT PROVIDE ANY MEDICAL ADVICE PURSUANT TO THE SERVICES, AND THE INFORMATION SHOULD NOT BE SO CONSTRUED OR USED. USING AND ACCESSING THE SERVICES AND PROVIDING PERSONAL OR MEDICAL INFORMATION THROUGH PREMOM ARE NOT INTENDED TO AND DO NOT REPLACE THE SERVICES, ADVICE, ANALYSIS, TREATMENT, OR JUDGEMENT OF A LICENSED, TRAINED HEALTHCARE PROVIDER NOR ARE THEY INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE OF A TRAINED HEALTHCARE PROVIDER. YOU SHOULD NOT RELY ON ANYTHING CONTAINED IN THE SERVICES, AND YOU SHOULD ALWAYS CONSULT YOUR HEALTHCARE PROVIDER IN ALL MATTERS RELATING TO YOUR HEALTH. YOU HEREBY AGREE THAT YOU SHALL NOT MAKE ANY HEALTH OR MEDICAL RELATED DECISION BASED IN WHOLE OR IN PART ON ACCESS OR USE OF THE SERVICES OR ANY INFORMATION PROVIDED FROM OR THROUGH THE SERVICES.
10. Software Licenses; General Restrictions.
10.1. License Grants.
10.1.1. Subject to the terms and conditions of these Terms, Easy Healthcare hereby grants to you, and you accept, a non-exclusive, non-transferable license to install and use on your mobile device the Premom software provided to you by Easy Healthcare in the original, unmodified, machine-readable, object code form only, including, without limitation, any data structures created by such programs, and all upgrades, enhancements, and new version releases of any of the foregoing that Easy Healthcare may provide to you from time to time (collectively referred to as the “Software”).
10.1.2. Certain computer software components licensed by one or more third-parties may be provided with the Software. Easy Healthcare grants you a non-exclusive, non-transferable license to use one copy of any third-party software provided by Easy Healthcare with the Software (“Third-Party Software”) on the terms herein and such terms (if any) as may be set forth in the Software’s documentation (including any additional terms therein). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL THIRD-PARTY SOFTWARE IS PROVIDED “AS IS” AND WITH ALL FAULTS. THE PROVISIONS REGARDING DISCLAIMER OF WARRANTIES, EXCLUSION OF CONSEQUENTIAL AND CERTAIN OTHER DAMAGES AND LIMITATION OF LIABILITY BELOW APPLY TO SUCH THIRD-PARTY SOFTWARE.
10.2. General License Restrictions. You will use the Software (i) only for your personal purposes, only for your direct benefit, and not for the purposes of any third party nor for any timesharing, rental, Internet, or application service provider, commercial hosting services, or service bureau basis, and (ii) only to the extent it is licensed hereunder and provided you have paid all license fees, if any, for the Software. You will not, without Easy Healthcare’s prior written consent in each instance, voluntarily or involuntarily in any form or manner assign, sublicense, transfer, pledge, lease, network, rent, loan or share the Software or any rights under these Terms to or with any other person or entity, including, without limitation, any assignment or transfer incident to merger or consolidation with another entity, or any assignment or transfer by operation of law. Any such assignment, sublicense, transfer, pledge, lease, network, rental, loan, or sharing absent Easy Healthcare’s prior written consent will be void and of no force or effect and will cause the immediate termination of these Terms. Furthermore, you will not publish, disclose, or otherwise display in writing, electronically or otherwise, any part of the Software without Easy Healthcare’s prior written consent in each such instance, any such publication, disclosure, or display absent Easy Healthcare’s prior written consent which will cause the immediate termination of these Terms.
10.3. Use Restrictions. You will use the Software only in its original form, and will not reverse engineer, decompile, disassemble, decrypt, re-engineer, reverse assemble, reverse compile, or otherwise translate or create, attempt to create the source code of the Software or its structural framework (in whole or in part), or perform any process intended to determine the source code for the Software, or assist or otherwise facilitate others any of the foregoing. You will not modify, enhance, or create derivative works based upon the Software (in whole or in part), including, without limitation, any derivative works based upon the database structures of the Software, or otherwise change the Software. You agree that any modification, enhancement, derivative work, or other improvement to the Software developed by Easy Healthcare or you, whether with or without the consent, advice, and/or support of Easy Healthcare, will be Easy Healthcare’s exclusive property and subject to and governed under the terms and conditions of this these Terms, and you hereby assign to Easy Healthcare all such rights, title, and interest therein.
10.4. Limitations On Use. The Software is a fertility tracking application used to gather age and menstrual cycle information. The Software does not provide any diagnostic or clinical functions. THE SOFTWARE DOES NOT REPLACE THE ADVICE OR DIAGNOSIS OF A TRAINED, LICENSED PHYSICIAN. THE SOFTWARE DOES NOT REPLACE REGULAR VISITS OR CHECKUPS WITH A GYNECOLOGIST OR OTHER LICENSED PHYSICIAN. PLEASE CONSULT A PHYSICIAN PRIOR TO USING THE SOFTWARE. THE SOFTWARE ALLOWS YOU TO TRACK YOU MENSTRUAL CYCLE AND OVULATION FOR OPTIMAL FERTILITY PURPOSES. EASY HEALTHCARE MAKES NO REPRESENTATIONS OR WARRANTIES ON THE ABILITY OF THE SOFTWARE TO HELP YOU SUCCESSFULLY CONCEIVE A CHILD. The Software and any content created or entered into the Software is stored on your mobile device. The content and Data that you store in the Software is restricted and protected by a password created and selected by you. Easy Healthcare does not track or retain user passwords or user content. You are solely responsible for passwords, your content, and the risk of loss of your content and the risk of inability to access your content due to a forgotten password. Easy Healthcare is not able to retrieve lost content or content that is password protected for which you have forgotten the password. Do not send any content created by the Software through email. EASY HEALTHCARE MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE COMPLIES WITH THE HIPAA REGULATIONS.
11. Ownership Of Content.
You acknowledge and agree that: (i) the Software is licensed and not sold; (ii) by accepting the licenses set forth in these Terms, you acquire only the right to use the Software in accordance with the terms of these Terms, and that Easy Healthcare, or its licensors, will retain all rights, title, interest, including all associated patent, copyright, trademark, trade dress, trade secret, and other proprietary rights in and to the Software; and (iii) the Software, including the source and object codes, logic and structure, constitute valuable trade secrets of Easy Healthcare. You agree to secure and protect the Software using no less than a reasonable standard of care. This Section will survive any termination of these Terms.
12. Software Support.
Easy Healthcare will use commercially reasonable efforts to provide technical support for the Software according to Easy Healthcare’s then-applicable support policies. Such technical support shall be available by email communication in the English language, during Easy Healthcare’s regular business hours and subject to further restrictions, which may be set forth on Easy Healthcare’s website or otherwise published by Easy Healthcare and provided or made available to you.
Easy Healthcare has not agreed, and does not agree, to treat as confidential any suggestion, idea, or improvement about the Software that you provide to Easy Healthcare (“Feedback”) and nothing in these Terms will restrict Easy Healthcare’s right to use, profit from, disclose, publish, or otherwise exploit any Feedback without compensation to you.
14.1. You may terminate your Account at any time for any reason effective upon written notice to Easy Healthcare. Easy Healthcare reserves the right to immediately suspend or terminate your Account and access to the Services without notice if Easy Healthcare believes you violated these Terms.
15. Links to Other Websites and Services.
The Services may contain links to other websites and services, including social networking (collectively, “Third Party Content”). Third Party Content is not under the control of Easy Healthcare, and Easy Healthcare is not responsible for any information or materials on, or any form of transmission received from, any Third Party Content or linked service. The inclusion of a link does not imply endorsement by Easy Healthcare of the Third Party Content or any association with the operators of the Third Party Content or linked service. Easy Healthcare does not investigate, verify or monitor the Third Party Content. Easy Healthcare provides links to Third Party Content for your convenience only. You access Third Party Content at your own risk.
16. Software limited Warranty.
Easy Healthcare hereby warrants to you that the Software will perform substantially in accordance with the functional description applicable thereto on Easy Healthcare’s website; provided that you use the Software in accordance with the terms and conditions of these Terms and any applicable directions or requirements in the Software’s documentation. The foregoing warranty is only extended to you and is not transferable to any other person. This warranty will be in effect for 30 days immediately following your receipt of the Software (the “Software Warranty Period”). Your sole and exclusive remedy, and the entire liability of Easy Healthcare and its suppliers and licensors, for any breach of this limited warranty will be, at Easy Healthcare's option, repair or replacement of the Software, if such breach is reported prior to the expiration of the Warranty Period to Easy Healthcare (the “Software Warranty Remedy”). Easy Healthcare may require that you return or certify the destruction of all copies of the Software to Easy Healthcare in order to receive the designated remedy hereunder. Any replacement Software provided pursuant to this Section will be covered by the warranty in this Section for the remainder of the original Software Warranty Period or for 30 days from the date on which you receive such repaired or replacement Software, whichever is longer.
17. General Disclaimers.
17.1. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SOFTWARE IS BEING PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND EASY HEALTHCARE HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES AS TO THE CONDITION, NON-INFRINGEMENT, MERCHANTABILITY, DESIGN, OPERATION, AND FITNESS FOR ANY PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EASY HEALTHCARE, ITS RESELLERS AND/OR ITS OR THEIR AGENTS OR EMPLOYEES, WILL BE DEEMED TO CREATE A WARRANTY OR IN ANY WAY INCREASE OR MODIFY THE SCOPE OF THE WARRANTIES EXPRESSLY SET FORTH IN THESE TERMS. IF YOUR LEGAL JURISDICTION PROVIDES THAT A CERTAIN IMPLIED WARRANTY MAY NOT BE DISCLAIMED, SUCH IMPLIED WARRANTY SHALL ONLY APPLY TO DEFECTS DISCOVERED DURING THE PERIOD OF THE EXPRESS SOFTWARE WARRANTY PERIOD PROVIDED HEREIN. THERE IS NO IMPLIED WARRANTY FOR DEFECTS DISCOVERED AFTER THE EXPIRATION OF SUCH SOFTWARE WARRANTY PERIOD. SOME LEGAL JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
17.2. EXCEPT AS EXPRESSLY PROVIDED HEREIN, EASY HEALTHCARE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET ALL OF YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY OR ALL DEFECTS WILL BE CORRECTED. EASY HEALTHCARE IS NOT RESPONSIBLE FOR ANY DEFECT OR ERROR RESULTING FROM: (I) THE MODIFICATION, MISUSE, OR DAMAGE OF THE SOFTWARE BY PARTIES OTHER THAN EASY HEALTHCARE OR PARTIES PERFORMING AS A CONTRACTOR TO, AND AT THE DIRECTION OF, EASY HEALTHCARE; (II) YOUR FAILURE TO INSTALL ALL BUG FIXES OR OTHER DEFECT CORRECTIONS WHICH ARE MADE AVAILABLE BY EASY HEALTHCARE; (III) USE OF THE SOFTWARE IN A MANNER INCONSISTENT WITH THE DIRECTIONS PROVIDED IN THE DOCUMENTATION OR AS PERMITTED BY THESE TERMS; (IV) ANY COMPUTER VIRUS; OR (V) ANY DEFECT IN OR FAILURE OF ANY THIRD PARTY’S INDIVIDUAL COMPUTER, EQUIPMENT, NETWORK OR SOFTWARE, OR FOR ANY USER ERROR. EASY HEALTHCARE DOES NOT WARRANT AND WILL HAVE NO LIABILITY WITH RESPECT TO NON-EASY HEALTHCARE SOFTWARE, PRODUCTS, OR SERVICES INCLUDING, WITHOUT LIMITATION, THIRD-PARTY SOFTWARE OR HARDWARE, INTERNET CONNECTIONS OR CONNECTIVITY OR COMPUTER NETWORKS.
17.3. YOU UNDERSTAND THAT EASY HEALTHCARE TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN THE SERVICES, COMMUNICATION LINES, THE INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE SERVICES.
17.4. YOU FURTHER UNDERSTAND THAT EASY HEALTHCARE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY HEALTH-RELATED INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SERVICES.
17.5. EASY HEALTHCARE does not GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY THIRD PARTY, INCLUDING PROVIDERS.
18. Limitations On Liability.
18.1. Consequential Damages. IN NO EVENT WILL EASY HEALTHCARE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF OR DAMAGE TO DATA OR OTHER PERSONAL OR BUSINESS INFORMATION, LOST PROFITS, OR USE OF THE SOFTWARE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SOFTWARE, INCLUDING THE INSTALLATION, USE OR PERFORMANCE, OR INABILITY TO USE, THE SOFTWARE, EVEN IF EASY HEALTHCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER WAIVE AND AGREE NOT TO ASSERT AGAINST EASY HEALTHCARE ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, OR OTHER INTANGIBLE LOSSES, EVEN IF YOU KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE, ARISING OUT OF OR RELATING TO (i) THE USE OR INABILITY TO USE THE SERVICES OR (II) THE CONDUCT OF YOU OR ANY OTHER REGISTERED USER IN CONNECTION WITH THE USE OF THE SERVICES.
18.2. Limitation. EASY HEALTHCARE PROVIDES THE SOFTWARE AT NO CHARGE TO YOU. IN CONSIDERATION FOR, AND AS A FUNDAMENTAL AND EXPRESS CONDITION OF ENABLING USE OF THE SOFTWARE WITHOUT CHARGE, AND NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, EASY HEALTHCARE WILL NOT HAVE ANY LIABILITY FOR ANY MATTER ARISING OUT OF THE SUBJECT MATTER OF THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEPT THE SOFTWARE WARRANTY REMEDY AND AS EXPRESSLY REQUIRED BY APPLICABLE LAW. THE LIMITATIONS HEREIN SHALL APPLY EVEN IF THE SOFTWARE WARRANTY REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY OR ALL LOSSES, OR IF EASY HEALTHCARE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF CONSEQUENTIAL DAMAGES. SOME LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU IF YOU RESIDE IN CERTAIN JURISDICTIONS. THE APPLICATION OF SOFTWARE DOES NOT FUNCTION AS A DIAGNOSIS TOOL AND ITS PREDICTION ACCURACY HAS LIMITATION DEPENDING ON THE DATA YOU PROVIDED.
18.3. The foregoing disclaimerS of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that Easy Healthcare would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
19. Compliance With Export Laws.
You acknowledge that the Software is subject to laws and regulations of the United States restricting the export thereof to foreign jurisdictions. You agree to comply with all applicable United States and foreign international laws, including, without limitation, the rules and regulations promulgated from time to time by the Bureau of Export Administration, United States Department of Commerce. Without limiting the foregoing, you will not download, and if downloaded will not install or will immediately uninstall and destroy, the Software if your download, installation, or use of the Software is prohibited under applicable laws. By installing or using the Software, you agree to the foregoing and certify that you are not located in, under the control of, or a national or resident of any country or on any list of countries to which the United States has embargoed goods or on the United States Treasury Department’s list of Specially Designated Nations or the United States Commerce Department's Table of Denial Orders. You will not export, re-export, transfer, or divert directly or indirectly, the Software, documentation, or other information or materials provided hereunder, or the output thereof, to any restricted place or person for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. Easy Healthcare has no responsibility for your compliance with such laws and regulations. You hereby agree to indemnify and hold harmless Easy Healthcare from and against all claims, losses, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, to the extent such claims arise out of any breach of this Section.
20. International Use.
The Services are intended for use by residents of the United States. We do not intentionally provide access to the Services to individuals located outside the United States. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject Easy Healthcare or its affiliates to any registration requirement within such jurisdiction or country.
21. General Provisions.
21.1. Notices. Any notices, demands, or other communications required or permitted under these Terms will be in writing and will be deemed effectively delivered to the party: (i) by email using a method that positively establishes receipt of the email by the recipient; (ii) by personal, same or next day delivery; or (iii) by commercial overnight courier with written verification of delivery; in each case addressed to the party for whom it is intended at the address for such party as last provided to the other. All notices so given will be deemed given upon the earlier of receipt or 3 days after dispatch.
21.3. Governing Law. These Terms will be construed and governed in accordance with the laws of the State of Illinois, without regard to any rules of conflicts or choice of law provisions that would require the application of the laws of any other jurisdiction. The parties hereto hereby submit to the exclusive jurisdiction and venue of the courts of the State of Illinois for any action or legal proceeding related to or arising under these Terms and waive any objections based on forum non conveniences. If for any reason the courts of the State of Illinois do not have jurisdiction over the matter or a party, then Easy Healthcare may elect to commence any such action or proceeding in any court having jurisdiction over you. These Terms will be construed and enforced without regard to the United Nations Convention on the International Sale of Goods or the Uniform Computer Information Transactions Act.
21.4. Attorneys’ Fees. In any action to interpret or enforce these Terms, the prevailing party will be awarded all court costs and reasonable attorneys’ fees and costs and expenses of investigation incurred.
21.5. Waiver. The waiver by any party hereto of a breach or a default of any provision of these Terms by another party shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party.
21.6. Cumulative Remedies. Except as otherwise provided in these Terms, all remedies of the parties hereunder are non-exclusive and are in addition to all other available legal and equitable remedies.
21.7. Headings. Captions and headings contained in these Terms have been included for ease of reference and convenience and shall not be considered in interpreting or construing these Terms.
21.8. Assignment; Successors. The terms and conditions of these Terms will inure to the benefit of and be enforceable by the parties hereto and their permitted successors and assigns; provided, that the only permitted successor or assignee shall be a party that acquires all or substantially all of the business and assets of Easy Healthcare, whether by merger, sale of assets or otherwise by operation of law. You will not assign these Terms, or any right, interest or obligation under these Terms, or in or relating to the Software. Any attempted assignment or delegation in contravention of this provision shall be void and ineffective.
21.9. Severability. Unless specifically identified above, if any provision of these Terms is unenforceable for any reason, other terms are unaffected.
21.10. Construction of Agreement. Each party agrees that in the event that these Terms or any other documents delivered in connection with the transactions contemplated by these Terms contain any ambiguity, such ambiguity will not be construed or interpreted against the drafting party. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of these Terms, which will be considered as a whole.
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