Last edited: December 1, 2019
NextStep HealthTech, Inc. (“Company”, “us”, “our”, and “we” or similar designation), or its subsidiaries, provides the software product, NextStep Bloom, nextstepbloom.com, related websites and mobile applications (collectively, the “Service”), all of which are copyrighted works belonging to NextStep HealthTech, Inc.. Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted on the Service in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
THESE SERVICE TERMS AND CONDITIONS (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SERVICE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICE. THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND NEXTSTEP HEALTHTECH AND ITS SUBSIDIARIES CONCERNING YOUR USE OF THE SERVICE.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 13) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICE.
1. NOT MEDICAL ADVICE.
ALL CONTENT FOUND ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, AUDIO, OR OTHER CONTENT (THE “CONTENT“) ARE FOR INFORMATIONAL PURPOSES ONLY.
NEITHER THE SERVICE NOR THE CONTENT ARE INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR PSYCHIATRIC ADVICE, DIAGNOSIS, OR TREATMENT. NEXTSTEP HEALTHTECH AND ITS SUBSIDIARIES DO NOT OFFER MEDICAL ADVICE OR DIAGNOSES OR ENGAGE IN THE PRACTICE OF MEDICINE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PSYCHIATRIST, OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL OR PSYCHIATRIC CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL PSYCHIATRIC ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR, GO TO THE EMERGENCY DEPARTMENT, OR CALL 911 IMMEDIATELY.
NEXTSTEP HEALTHTECH AND ITS SUBSIDIARIES DO NOT OFFER MEDICAL ADVICE OR DIAGNOSES OR ENGAGE IN THE PRACTICE OF MEDICINE. WE DO NOT PROVIDE MEDICAL CARE. WE PROVIDE A TECHNOLOGY PLATFORM. OUR SERVICE IS NOT INTENDED TO BE, AND DOES NOT CONSTITUTE, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT AND ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH OUR SERVICES. YOUR reliance on any information provided by us or through the Service is solely at your own risk.
THE COMPANY AND ITS SUBSIDIARIES MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SERVICE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION ARISES IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST.
2. SERVICE AND RESTRICTIONS.
2.1 License. We grant you, and you accept, a personal, non-exclusive, non-transferable, non-assignable, terminable, limited license to use the Service subject to these Terms. The foregoing license granted under these Terms is not a sale of the Service or any copy thereof and we or our third party licensors retain all right, title, and interest in the Service (and any copy thereof). We reserve all rights not expressly granted under these Terms.
2.2 Restrictions. You shall not: (i) modify, disassemble, decompile or reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law; (ii) share, rent, lease, loan, resell, sublicense, distribute or otherwise transfer or assign your account to any third party or use the Service to provide time sharing or similar services for any third party; (iii) copy, reproduce, distribute, republish, download, display, post or transmit any of the Content; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on use of the Service; (v) delete the copyright and other proprietary rights notices on the Service or Content; (vi) integrate the Service with any other software; or (vii) engage in any fraudulent or illegal activity, violate any laws or third party rights, or violate the policies and instructions contained in the Service; (vii) access the Service in order to build a similar or competitive website, product, or service. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof.
2.3 Modification. NextStep HealthTech and its subsidiaries reserve the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that NextStep HealthTech, nor it’s distributors or subsidiaries, will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.
2.4 No Support or Maintenance. You acknowledge and agree that NextStep HealthTech will have no obligation to provide you with any support or maintenance in connection with the Service.
2.5 WE RESERVE THE RIGHT TO DISABLE YOUR USE OF OR ACCESS TO THE SERVICE FOR ANY REASON AND WITHOUT ANY NOTICE.
2.6 Fees and Payment. Company and its subsidiaries reserve the right to require payment of fees for certain features of the Services. Should you elect to subscribe to such features, you shall pay all applicable fees, as described in the Services in connection with such features. Company and its subsidiaries reserve the right to change its price list and to institute new charges at any time, upon prior notice to you, which may be sent by email or posted on the Services. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges. Payment of fees does not include cost of medication, if applicable. You will pay for your prescribed medication at your pharmacy. You will pay for any professional care you solicit through, with, or via the Services. You will pay for any labs ordered and will pay at your chosen labs location.
3. PRIVACY AND PERSONAL INFORMATION.
You acknowledge that all right, title, and interest in the Service, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other proprietary rights associated with the Service shall at all times remain solely and exclusively the property of NextStep HealthTech, whether or not specifically recognized or perfected under the laws of the jurisdiction in which the Service is used or licensed. We shall further own all right, title, and interest in any copy, translation, modification, adaptation, enhancements, or derivation of the Service, even if developed or recommended by you. You shall not take any action that jeopardizes our proprietary rights or acquire any right in the Service. Except as may be specifically provided in Section 2.1 above, no license under any patents, copyrights, trademarks, trade secrets, or any other intellectual property rights are granted by NextStep HealthTech or its subsidiaries to you. With respect to any content you upload or submit to the Service, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use such content.
5. REGISTRATION AND ACCOUNT.
5.1 Your Account. You must be 18 years of age or older to create an account or otherwise use the Service. In order to create an account and use the Service, you are required to provide current and accurate identification information, including your full name, date of birth, and such other information as may be requested from you from time to time as part of the registration process or in the course of using the Service. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. Failure to comply with these requirements shall constitute a breach of these Terms, which may result in immediate termination of your account. You may delete your account at any time, for any reason, by following the instructions on the Service. NextStep HealthTech or its subsidiaries may suspend or terminate your account in accordance with Section 12.
You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. NextStep HealthTech nor its subsidiaries cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
5.2 Consent to Receive Communications. The communications between you and Company or its subsidiaries use electronic means, whether you use the Service or send us emails, SMS, MMS, or text messages or whether Company or subsidiaries’ post notices on the Service or communicates with you via email, SMS, MMS, or text message. For contractual purposes, you (a) consent to receive communications from Company and/or its subsidiaries in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company and/or its subsidiaries provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hard copy writing. The foregoing does not affect your non-waivable rights. Such notices may not be received if you violate these Terms by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
BY SENDING ANY CONFIDENTIAL OR PERSONAL INFORMATION TO US VIA EMAIL OR TEXT, OR AGREEING TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US THROUGH EMAIL OR TEXT, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM DISCLOSURE OF SUCH INFORMATION IN THE COURSE OF TRANSMISSION.
6. USER CONTENT
6.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Service (e.g., content in the user’s profile or content the user posts, uploads, publishes, links to, transmits, records, displays, or otherwise makes available on the Service or transmits to other users, including text messages, chats, videos (including streaming videos), photographs, text, or profile text, whether publicly posted or privately transmitted and also content from third party services). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that you have the right to contribute your User Content to the Service and that your User Content does not violate our Acceptable Use Policy (defined in Section 6.3). You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by Company and/or its subsidiaries. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not, nor are its subsidiaries, obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
6.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”. You agree not to use the Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather, or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies, or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Service; or (vi) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
6.4 Prohibited Activities. The Company and its subsidiaries reserve the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Company or its subsidiaries regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
- impersonate any person or entity.
- solicit money from any users.
- “stalk” or otherwise harass any person.
- express or imply that any statements you make are endorsed by the Company and/or its subsidiaries without our specific prior written consent.
- access the Service in a jurisdiction in which it is illegal or unauthorized;
- ask or use users to conceal the identity, source, or destination of any illegally gained money or products.
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.
- interfere with or disrupt the Service or the servers or networks connected to the Service.
- email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software).
- “frame” or “mirror” any part of the Service, without the Company’s and/or its subsidiaries’ prior written authorization.
- use meta tags or code or other devices containing any reference to the Company and/or its subsidiaries or the Service (or any trademark, trade name, service mark, logo, or slogan of the Company and/or its subsidiaries) to direct any person to any other website for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.
- post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with these Terms.
6.5 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 12, and/or reporting you to law enforcement authorities.
6.6 Feedback. If you provide Company and/or its subsidiaries with any feedback or suggestions regarding the Service (“Feedback”), you hereby assign to Company and/or its subsidiaries all rights in such Feedback and agree that Company and/or its subsidiaries shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company and/or its subsidiaries will treat any Feedback you provide to Company and/or its subsidiaries as non-confidential and nonproprietary. You agree that you will not submit to Company and/or its subsidiaries any information or ideas that you consider to be confidential or proprietary.
You agree to indemnify and hold Company and/or its subsidiaries (and all officers, employees, and agents) harmless, including costs and attorney’s fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Content. Company, and/or its subsidiaries, reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company and/or its subsidiaries. Company and/or its subsidiaries will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
8. THIRD-PARTY LINKS; OTHER USERS
8.1 Third-Party Links. The Service may contain links to third-party websites and services (collectively, “Third-Party Links”). Such Third-Party Links are not under the control of Company and/or its subsidiaries, and Company, and/or its subsidiaries, is not responsible for any Third-Party Links. Company, and/or its subsidiaries, provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Company, and/or its subsidiaries, shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
NEXTSTEP HEALTHTECH HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY ANY THIRD PARTY LINK. IN ADDITION, YOU AGREE THAT COMPANY AND/OR ITS SUBSIDIARIES WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, MATERIALS OR SERVICES PROVIDED BY ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SERVICE PROVIDERS LINKED THROUGH THE SERVICE, AND YOU AGREE TO ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES, LOSS, OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM OR ALLEGED TO HAVE RESULTED FROM YOUR USE OF THIRD PARTY LINKS.
8.2 Other Users. Each Service user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Service users are solely between you and such users. You agree that Company, and/or its subsidiaries, will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved.
The Company, and/or its subsidiaries, is not responsible for the conduct of any user. In no event shall the Company, its subsidiaries, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
8.3 Release. You hereby release and forever discharge the Company and/or its subsidiaries (and all Company or subsidiary officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other Service users or any Third-Party Link). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, 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.”
9. NO WARRANTIES.
YOU ACKNOWLEDGE AND AGREE THAT NEITHER NEXTSTEP HEALTHTECH NOR ITS SUBSIDIARIES, AFFILIATES AND THIRD PARTY PARTNERS ARE RESPONSIBLE FOR AND SHALL NOT HAVE ANY LIABILITY, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, AS A RESULT OF OR ALLEGED TO BE THE RESULT OF (I) ANY INCORRECT OR INACCURATE USER CONTENT POSTED IN THE SERVICE, WHETHER CAUSED BY USERS OR ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE; (II) THE TIMELINESS, DELETION OR REMOVAL, INCORRECT DELIVERY OR FAILURE TO STORE ANY USER CONTENT, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (III) THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER; (IV) ANY ERROR, OMISSION OR DEFECT IN, INTERRUPTION, DELETION, ALTERATION, DELAY IN OPERATION OR TRANSMISSION, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, ANY USER OR USER COMMUNICATIONS; OR (V) ANY PROBLEMS, FAILURE OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER OR DEVICE RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE INTERNET AND/OR IN CONNECTION WITH THE SERVICE.
THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND NEXTSTEP HEALTHTECH AND ITS SUBSIDIARIES (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
FROM TIME TO TIME, THE COMPANY AND/OR ITS SUBSIDIARIES MAY MAKE THIRD PARTY OPINIONS, ADVICE, STATEMENTS, OFFERS, OR OTHER THIRD PARTY INFORMATION OR CONTENT AVAILABLE THROUGH THE SITE. ALL THIRD PARTY CONTENT IS THE RESPONSIBILITY OF THE RESPECTIVE AUTHORS THEREOF AND SHOULD NOT NECESSARILY BE RELIED UPON. SUCH THIRD PARTY AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. THE COMPANY, AND/OR ITS SUBSIDIARIES, DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS SUBSIDIARIES, OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. UPDATES AND CHANGES. We have no obligation to provide services, upgrades, modifications, or new releases to the Service or under these Terms or otherwise. We may voluntarily provide some or all of these items; should we do so, any such action shall not be considered a waiver of this provision.
NextStep HealthTech and its subsidiaries may amend these Terms at any time by asking you in writing to accept any such amendment, which may come in the form of clicking an “accept” button or other electronic acknowledgement. Amendment will be effective when accepted by you in the form provided by us. Failure to accept any such amendment may result in the termination of your account and access to the Service.
11. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEXTSTEP HEALTHTECH OR ITS SUBSIDIARIES (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF NEXTSTEP HEALTHTECH OR ITS SUBSIDIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIVE HUNDRED US DOLLARS (U.S. $500). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS. 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 THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
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.
12. TERM AND TERMINATION.
Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms.
Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company and/or its subsidiaries will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14.
13. GOVERNING LAW; DISPUTE RESOLUTION.
13.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, excluding its conflicts of law rules, and the United States of America.
13.2 Mandatory Arbitration. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company and/or its subsidiaries that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
13.3 Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 53
Bucks Hill Rd, Durham NH, 03824. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
13.4 Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider that offers arbitration as set forth in this section. The AAA Consumer Arbitration Rules (“Arbitration Rules”) shall govern the arbitration. The arbitration shall be conducted by a single, neutral arbitrator and shall be held in Ann Arbor, Michigan, USA. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this Section 13. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the AAA.
13.5. Time Limits. If you or the Company and/or its subsidiaries pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
14 OBJECTIONABLE CONTENT.
Users should not participate or facilitate content that is offensive, insensitive, upsetting, intended to disgust, or in exceptionally poor taste. Examples of such content include:
14.1 Defamatory or mean-spirited content, including references to commentary about religion, race, sexual orientation, gender, or other targeted groups, particularly if the app is likely to place a targeted individual or group in harm’s way.
14.2 Realistic portrayals of people or animals being killed, maimed tortured, or abused, or content that encourages violence.
14.3 Depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms
14.4 Overtly sexual or pornographic material, defined by Webster’s Dictionary as “explicit descriptions or displays of sexual organs or activities intended to stimulate erotic feelings”
14.5 Inflammatory religious commentary or inaccurate or misleading quotations of religious texts
14.6 Targeted bullying or continuous harassment of individuals on the Hey NextStep platform
15. REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT.
Company and its subsidiaries respects the intellectual property of others and asks that users of our Service do the same. In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Service who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and email address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
For this notification to be effective, you must provide it to Company’s designated agent at:
Attn: Copyright Agent
NextStep HealthTech, Inc., 53 Bucks Hill Rd., Durham, NH, 03824, United States
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
16.2 Disclosures. Company is located at the address below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
16.3 Copyright/Trademark Information. Copyright © 2019 NEXTSTEP HEALTHTECH, INC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
16.4 Contact Information:
NextStep HealthTech, Inc., 53 Bucks Hill Rd., Durham NH, 03824, United States