This Terms of Use Agreement (this “Agreement”) is entered into by and between The Betty Allen Gynecologic Cancer Foundation (the “Author”) and “you,” the user of this application, also known as the “Gynecologic Symptoms Tracker” mobile application (the “App”). Access to and use of the App is provided subject to the terms and conditions set forth herein. By accessing or using the App, you hereby agree to these terms and conditions.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE AUTHOR’S LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING OR ACCESSING THE APP CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE REMOVE THE APP IMMEDIATELY.
BY USING THE APP, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.
DISCLAIMER OF INFORMATION AND CONTENT
The App is based on and provides information from sources believed to be reliable, and every effort has been made to make the App as complete and accurate as possible based on information available as of the publication date, but its accuracy and completeness cannot be guaranteed. The information provided is for informational purposes and is not intended as medical advice, medical diagnosis, or as a substitute for the medical advice of a physician or other qualified healthcare professional.
The App and the information it presents or references may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the App and the information may become out-of-date. The Author undertakes no obligation to update any information in the App; provided, however, that the Author may update the Information at any time without notice in the Author’s sole and absolute discretion. The Author reserves the right to make alterations or deletions to the App and the information if references at any time without notice.
The App, including all information it references, is not intended to provide all the information available on the subject. The user is encouraged to read all available material and to consult other references, including but not limited to, their own healthcare providers, to learn as much as possible about the subject.
MEDICAL, FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER
You hereby acknowledge that nothing contained in the App or the information it references shall constitute medical, financial, legal and/or other professional advice and that no professional relationship of any kind is created between you and the Author. You hereby agree that you shall not make any medical, financial, legal, and/or other decision based in whole or in part on anything contained in the App.
DISCLAIMER OF ALL WARRANTIES
The information made available via the App is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Author makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the App, that the information presented may be relied upon for any reason or that the information will be uninterrupted or error free or that any defects can or will be corrected.
Without limiting the generality of the foregoing, the Author makes no representations or warranties with respect to any information offered or provided within or through the App regarding treatment of medical conditions, action, or application of medication.
Under no circumstances, as a result of your use of the App, will the Author be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Author shall have absolutely no liability in connection with the App for:
1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, non-delivery of information, mistakes, defects, errors, interruptions or computer failure or malfunction;
2. any loss or injury caused, in whole or in part, by the Author’s actions, omissions, or negligence, or for contingencies beyond the Author’s control, in procuring, compiling, or delivering the information;
3. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the information; or
4. any decision made or action taken or not taken in reliance upon the information.
RESERVATION OF INTELLECTUAL PROPERTY RIGHTS
The App is protected by United States copyright laws. The Author hereby reserves any and all intellectual property rights in the App, its content, images, and functionality.
INDEMNIFICATION
You agree to indemnify and hold the Author harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any violation of law that occurs by you through the App, and/or (3) anything you do using the App and/or the information contained therein.
INVALIDITY
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS
This Agreement and your use of the App, along with the information contained therein, shall be governed by and construed in accordance with the laws of the Florida without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of Florida. You further agree that any claims or causes of action arising out of or related to this Agreement and the App, along with the information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
ENTIRE AGREEMENT
You hereby acknowledge that this Agreement represents the entire understanding between you and the Author concerning your use of the App and the information contained therein.
MODIFICATION
The Author may, in the Author’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published within the App.
WAIVER
The Author’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.
THE APP AND THE INFORMATION CONTAINED THEREIN IS MADE AVAILABLE BY THE AUTHOR FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE MEDICAL ADVICE. BY ACCESSING THE APP, YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU AND THE AUTHOR. YOU FURTHER ACKNOWLEDGE YOUR UNDERSTANDING THAT THE APP SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT MEDICAL ADVICE FROM A LICENSED PHYSICIAN IN YOUR STATE.
Last revised: 03/02/2021
