Welcome to MediSOS mobile. You are attempting to (a) download or install (or have already done so) a mobile software application (the "App") and/or (b) access the website located a https://www.MediSOS.com (the "Site") provided by MediSOS ("MediSOS"). Together, the App and the Site are referred to below as the "Applications."
We may modify these Terms at any time by posting the revised Terms on the App or the Site. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of these Terms. Any modifications will be effective immediately upon such posting. Your use of or access to the Applications 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 Applications; charge fees in connection with the use of the Applications; modify and/or waive any fees charged in connection with the Applications; and/or offer opportunities to some or all users of the Applications. 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 Applications, in whole or in part, or of any service, content, feature or product offered through the Applications.
DISCLAIMER; NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR ADVICE
THE APPLICATIONS AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE APPLICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. YOUR USE OF THE APPLICATIONS IS VOLUNTARY AND AT YOUR SOLE RISK.
THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATIONS 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 APPLICATIONS AND THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATIONS, AND FOR ALL DECISIONS OR ACTIONS RESULTING FROM YOUR USE OF THE APPLICATIONS 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 Applications are controlled and operated by MediSOS from India, and are not intended to subject MediSOS or its affiliates to the laws or jurisdiction of any state, country or territory other than that of India. MediSOS does not represent or warrant that the Applications or any part thereof are appropriate or available for use in any particular jurisdiction other than India.
THIRD-PARTY PROVIDERS AND PAYORS
MediSOS is not responsible for, and shall have no liability in connection with, any transactions or disputes between you and Third-Party Providers or Payors. If you have a dispute with a Third-Party Provider or Payor, you agree to release us (and our employees and agents) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including actual, consequential and punitive damages), arising out of or in any way connected with the use of the Applications or such disputes. You waive any provisions of any state, province, or country law that limit or prohibit a general release, including, if applicable, Section 1542 of the California Civil Code, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
MediSOS 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.
OWNERSHIP OF THE APPLICATIONS
The Applications (including any content made available through the Applications) are the property of MediSOS (or its licensors) and are protected by applicable intellectual property laws. The App is licensed, not sold, to you. You may utilize the Applications 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 Applications; (2) use or merge the Applications, or any component or element thereof, with other software, databases or services not provided by MediSOS; (3) sublicense, distribute, sell or otherwise transfer the Applications 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 Applications; (6) interfere in any manner with the operation of the Applications; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Applications; (8) create a database by systematically downloading and storing the Applications; (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 Applications or reproduce or circumvent the navigational structure or presentation of the Applications without our express prior written consent; or (10) use the Applications 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 Applications. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Applications.
Any logo, trademark, servicemark, domain name, or trade name appearing on the Applications, including "MediSOS," ("Marks"), whether registered or not, are the property of MediSOS or their respective owners. You may not use any Marks without the express written permission of MediSOS.
INFORMATION THAT YOU SUBMIT
For purposes of clarity, you retain ownership of any information, content and materials that you submit through the Applications in connection with any publicly-available forums (each, a "Submission"). However, please note that we need certain rights to your Submissions to be able to make them available on the Applications. As such, you hereby grant to MediSOS and its service providers and designees a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation to edit, modify, translate and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any Applications now known or hereafter developed.
This license is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid-up and royalty-free (so that we do not have to pay you for posting your Submissions), sublicensable through multiple tiers (so that we can use our service providers and subcontractors to provide services).
For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Applications, comply with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. We request this waiver to help ensure that we have all the rights we may need to provide the services available through the Applications.
You acknowledge and agree that (a) we reserve the right (but have no obligation) to do any or all of the following, at our discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submission, and the circumstances surrounding its transmission, to any third party in order to operate the Applications; to protect MediSOS and its respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, and the Applications' users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
USER NAMES, PASSWORDS AND SECURITY
You may be required to register with MediSOS to access certain services or areas of the Applications. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Applications, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Applications, to any third party. You are fully responsible for all interaction with the Applications that occurs in connection with your password or user name. You agree to immediately notify MediSOS of any unauthorized use of your password or user name or any other breach of security related to your account or the Applications, and to ensure that you "log off"/exit from your account with the Applications (if applicable) at the end of each session. To report unauthorized access or use of the Applications, send an e-mail to legal@MediSOS.com. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
MediSOS may suspend or terminate your use of or access to the Applications (including any Healthplan Services made available through the Applications) 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 MediSOS) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Applications, and for paying all charges related thereto. MediSOS does not operate or control the Internet or your mobile connection, and therefore MediSOS does not and cannot guarantee that the Applications 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 MediSOS 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 Applications or any violation of these Terms by you.
LIMITATION OF LIABILITY
MediSOS 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 MediSOS 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.
MediSOS MAY NOT BE HELD LIABLE FOR MORE THAN $100 UNDER ANY PROVISION OF THIS AGREEMENT.
THIRD-PARTY INFORMATION AND LINKS TO THIRD-PARTY WEBSITES (INCLUDING THIRD-PARTY PROVIDER OR PAYOR WEBSITES)
The Applications may contain information concerning Third-Party Providers, Payors and other third parties (sometimes referred to as "partners or advertisers") who may offer third-party products or services compatible with the Applications. The Applications may also provide links to third-party websites (including websites of Third-Party Providers or Payors) as a paid service to Third-Party Providers or Payors. Such information and links are provided for your convenience. MediSOS AND ITS AFFILIATES DO NOT MONITOR, CONTROL OR ENDORSE, AND ARE NOT RESPONSIBLE OR LIABLE FOR, SUCH THIRD-PARTY PRODUCTS, SERVICES OR WEBSITES OR THE CONTENT CONTAINED THEREIN.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the use of the Applications, whether between you, MediSOS, its affiliates or any Third-Party Provider or Payor.
You agree that these Terms shall be construed in accordance with the laws of the State of Colorado without regard to its conflict of laws provisions. Any claim or dispute arising in connection with your use of the Applications shall be brought exclusively in the courts of the State of Delhi, India. Any cause of action or claim you may have with respect to the Applications must be commenced within one (1) year after the cause of action or claim arises. MediSOS'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 MediSOS nor any trade practices shall act to modify the Terms. MediSOS 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 MediSOS relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and MediSOS relating to such subject matter.
You may contact MediSOS at legal@MediSOS.com with any questions, complaints or claims regarding the Applications.