Please read this agreement (“Agreement”) carefully before using our Co-Immunity Network App (the “App”). By accessing or using our App, you agree to be bound by this Agreement and all of its terms without change. This agreement is between Co-Immunity, you the user, and, if you are using the app on behalf of a company or organization, such company or organization will also be considered a party to this Agreement. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES AND A WAIVER OF YOUR CLASS ACTION RIGHTS.
Co-Immunity and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services, or other material on our app. While we strive to keep the information on this app accurate, complete and up-to-date, Co-Immunity and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information or services on the app.
Personal and Noncommercial Use Limitation: Prohibited Uses
We may provide the App to track symptoms in invisible diseases and provide information regarding tracking symptoms (“services and information”). We grant you access to this app during the term of this agreement solely to receive the services and information. You may access, download, and print materials as necessary to receive the services and information. You may not license, copy, distribute, create derivative works from, frame in a Web page, use on another website or app, or sell any information, databases, or lists obtained from this app. When we request, you agree to provide true, accurate, and complete user information. You will not access or attempt to access password protected, secure or non-public areas of the App without our prior written permission. You will comply with all privacy laws. Your use of the App is only for use by you on any iPhone, iPod touch, Android, iPad or other mobile device or that you own or control and as permitted by the usage rules set forth in the terms and conditions of the App Store, Google Play or other applicable mobile app store.
All materials on the App (as well as the organization and layout of the App) are owned and copyrighted, licensed by, or used with permission that is granted to Co-Immunity. No reproduction, distribution, or transmission of the copyrighted materials at the App is permitted without the prior written permission of Co-Immunity.
If you use the App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of the App is terminated, you will (i) stop using the App and any information obtained from the App, and (ii) destroy all copies of your account information, password and any information obtained from the App.
You agree that you will not disclose Confidential Information to any person or entity outside of your organization. You will not use or permit the use of any Confidential Information except as necessary in connection with the services. You will use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event will you use less than due diligence and care. “Confidential Information” means all information or material which: (i) is obtained from password protected portions of the App or (ii) which is (A) marked “Confidential,” “Restricted,” or other similar marking, (B) known by the parties to be considered confidential, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.
No Unlawful or Prohibited Use
As a condition of your use of the App, you warrant to Co-Immunity that you will not use this app for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use this app automatically ends.
You may not without our prior written permission use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the pages, data or content found on the App or accessed through the App. You may not republish Co-Immunity content or other content from this app on another website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or other malicious code to this app.
If you are under the age of 13, you may not use this app. Your parent or guardian can use the app for you.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS APP AND THE SERVICES OFFERED AT THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CO-IMMUNITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CO-IMMUNITY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE APP OR SERVICES; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE APP OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP; OR (v) ANY OTHER MATTER RELATING TO THE APP OR THE SERVICES. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE APP OR $100, WHICHEVER IS GREATER.
Links to Third Party Sites
Use of Submissions
Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of this App, such information will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.
User Content/Email Discussion Lists, Interactive Areas
We may offer the opportunity for you to contribute your ideas, comments, questions and other communications to or from the app (the “User Content”) in message boards, chat rooms, email and other features of the app (“User Areas”) that may be offered from time to time and may be operated by Co-Immunity or by a third party.
We provide email discussion lists and interactive forums for the convenience of Co-Immunity, staff and certain other authorized individuals. These areas are merely provided as a forum for enabling participants to communicate about the subjects of interest. Co-Immunity does not exert editorial control over information or materials posted by third parties in these areas or in materials that are emailed by third parties using email discussion lists. Co-Immunity is not responsible for monitoring any materials posted by any third party or for verifying that such information or materials are accurate, timely, reliable, suitable, complete, non-infringing, or free from technical defects. These limitations of warranties and liability apply to all email discussion lists and interactive forums.
We are not liable for any harm caused by the transmission, via the use of a list, of a computer virus, or other computer code or programming device affecting your software, hardware, data, or property.
You are solely responsibility for the content of any emails that you post to the lists or content that you post in interactive forums and you agree to indemnify and hold Co-Immunity, its affiliates, officers, and employees harmless from any claim, demand or expense (including attorneys’ fees) due to or arising out of your use of the list service or interactive forum or any information or materials provided on such list service or interactive forum.
You will not (nor cause any third party to) use the App to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy) of others or immoral activities or any of the following types of activities, without limitation:
- transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- advertising or commercial content;
- interfering with or disrupting the app;
- disrupting the activities or enjoyment of the app for other users; or
- collecting, or storing personal data about other users.
You agree to abide by all applicable local, state, and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including without limitation any User Content you create or upload.
You acknowledge that User Content is not endorsed by Co-Immunity and such user content should not be considered to have been reviewed, screened, or approved by Co-Immunity. You should exercise discretion before relying on information contained in user content.
We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the app, and remove any User Content from a User Area, at any time and for any or no reason. Co-Immunity will not be liable to you or any third party for any termination of your access to the app or deletion of any User Content on the app.
We may preserve and disclose User Content if required to do so by law or we believe in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to a claim that User Content violates any third party’s rights, or protect the right, property or personal safety of Co-Immunity, any users of the app, and the public.
We will not be liable for the collection, use, or disclosure of any personal information by, in, or through a User Area offered by a third party. In such circumstances, you must refer to any terms of service and privacy statement of the third party offering the User Area.
Changes to App
We may make improvements or changes in the information, services, products, and other materials on the App, or terminate the App at any time. We may modify this Agreement at any time, and such modifications will be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of the App will be deemed your acceptance of the modified Agreement.
You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the app or the services provided on the app will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Kansas law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, Co-Immunity retains the right to forward them to the AAA on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Co-Immunity retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
The App is intended to and directed to residents of the United States and all advertising claims contained on the App are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement or this App will be governed by and construed in accordance with the laws of Kansas, without giving effect to any principles of conflicts of law. Failure by Co-Immunity to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this app or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions shall not apply to you.
Co-Immunity Network and other logos, product and service names are trademarks and service marks owned by or licensed to Co-Immunity or its affiliates (the “Marks”). Without the prior written permission of Co-Immunity, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.
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