You are attempting to (a) download, install, or use the software Platform and/or (b) access the website located at http://www.portal.bioscapedigital.com (“the Site”) provided by Bioscape Digital, INC (“Bioscape”). Together the Platform and Site are referred to as the “Platform”.
These Terms may be modified at any time by posting the revised Terms on the Platform. You can determine when the Agreement was last revised by referring to the “Date Updated” at the top of the document. Any modification will be effective immediately upon such posting.
We reserve the right, at any time and from time to time, to modify, suspend or discontinue the Platform; charge fees in connection with the use of the Platform; modify and/or waive fees charged in connection with the Platform; and/or make or provide special offers to some or all users of the Platform.
While the information set forth on this Platform is of a medical nature and is intended to educate individuals about their particular medical problems and alternative treatments, and while it has been reviewed by board-certified medical doctors, it does not constitute medical advice to any individual patient, nor can or should it in any way replace personalized consultations between a patient and his or her physicians, nor does it create any kind of doctor-patient relationship. It is intended only to provide some general guidance to medical consumers with respect to various medical options that may be available, depending on the patient’s individual circumstances. Accordingly, the material on this Platform in no way constitutes or substitutes for actual consultation or diagnosis or recommendations by a licensed physician, and no consumer should rely on the information set forth herein to the exclusion of competent, personalized medical advice by licensed physicians. This Platform aims to enhance understanding of common conditions of the heart, as a valuable guide for medical consumers as they seek to understand and find the most effective treatment of their heart problems, based on suggestions determined by various studies and best practices as explained in layman’s terms.
Further, this Platform does not provide actual medical advice on an individualized basis. The content of this Platform (“Content”), including, but not limited to text, images, videos and other graphics are for informational purposes only. This Content is not intended to, nor does it, substitute for individualized professional medical advices, tests, diagnosis or treatments.
ALWAYS SEEK THE ADVICE OF YOUR DOCTOR
If you think you or an associate is experiencing a medical emergency, call your doctor of 911 immediately.
This use of this Platform and the Content contained within is at your own risk. This Platform, including its Content, is provided on an “as is” basis. Bioscape Digital INC (“Bioscape”) and its affiliates, association and contributors, to the fullest extent of the law, disclaim any and all warranties, either express or implied, statutory or otherwise, including by not limited to the implied warranties of merchantability, non-infringements, and fitness for a particular purpose.
Finally, Bioscape does not assume any responsibility for any aspect of any individual’s healthcare, whether administered with the aid of any Content contained within the Platform.
The Platform is controlled and operated by Bioscape form the United States and not intended to be subject to the laws or jurisdiction of any state, country or territory other than that of the United States. Bioscape does not represent or warrant that the Platform or any part thereof are available for use in any particular jurisdiction.
The Platform provides users with access third-party healthcare providers (“Third-Party Providers”). Additionally, the Platform provides users with the ability to exchange certain registration information with Third-Party Providers. Bioscape provides marketing services on behalf of Third-Party Providers to patients or prospective patients (including users of the Platform) such as email campaigns, search engine optimization (SEO) and electronic directory services. Bioscape also provides Third-Party Providers with the opportunity to create their own Premier Listings, Profile Pages or mini-websites. Bioscape may charge Third-Party Providers a fee for the services and opportunities described in this section. Although Bioscape reserves the right (but does not have the obligation) to monitor, it does not control the content contained within, Premier Listings, Profile Pages or mini-websites, and assumes no responsibility or liability of any kind for any inaccuracies contained therein, or for any qualifications, reference materials or other content available therein
Bioscape is not responsible for, and shall have no liability in connection with, any transactions or disputes between you and Third-Party Providers. 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 Platform or such disputes. You waive any provisions of any state, province, or country law that limit or prohibit a general release.
OWNERSHIP OF THE PLATFORM
The Platform (including any content made available through the Platform) is the property of Bioscape (or its licensors) and is protected by intellectual property laws. The Platform is licensed, not sold, to you. You may utilize the Platform 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 Platform; (2) use or merge the Platform, or any component or element thereof, with other software, databases or services not provided by Bioscape; (3) sublicense, distribute, sell or otherwise transfer the Platform to any third party; (4) use the Platform as a service bureau, or lease, rent or loan the Platform to any third party; (5) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Platform; (6) interfere in any manner with the operation of the Platform; (7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Platform; (8) create a database by systematically downloading and storing the Platform; (9) use any robot, spider, site search/retrieval Platform or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather the Platform or reproduce or circumvent the navigational structure or presentation of the Platform without our express prior written consent; or (10) use the Platform 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 Platform.
Any logo, trademark, servicemark, domain name, or trade name on the Platform, including “Bioscape,” (“Marks”), whether registered or not, are the property of Bioscape or their respective owners. You may not use any Marks without the express written permission of Bioscape.
INFORMATION THAT YOU SUBMIT
For purposes of clarity, you retain ownership of any information, content and materials that you submit through the Platform 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 Platform. As such, you hereby grant to Bioscape 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 Platform now known or hereafter developed.
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 Platform, laws, rules and regulations.
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 Platform; to protect Bioscape and its respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, and the Platform’s 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 Bioscape to access certain services or areas of the Platform. 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 Platform, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Platform, to any third party. You are fully responsible for all interaction with the Platform that occurs in connection with your password or user name. You agree to immediately notify Bioscape of any unauthorized use of your password or user name or any other breach of security related to your account or the Platform, and to ensure that you “log off”/exit from your account with the at the end of each session. To report unauthorized access or use of the Platform, email email@example.com. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Bioscape may suspend or terminate your use of the Platform 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 Bioscape) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Platform, and for paying all charges related thereto. Bioscape does not operate or control the Internet or your mobile connection, and therefore Bioscape does not and cannot guarantee that the Platform 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 Bioscape 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 Platform or any violation of these Terms by you.
EXCLUSIONS OF WARRANTIES
BIOSCAPE AND ITS AFFILIATES DISCLAIM ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BIOSCAPE AND ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERROR, DELAY OR INTERRUPTION IN THE PLATFORM. BIOSCAPE AND ITS AFFILIATES MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY REGARDING THE TIMELINESS, RELIABILITY, ACCURACY, COMPLETENESS OR USEFULNESS OF ANY PORTION OF THE PLATFORM, INCLUDING THE CONTENT CONTAINED ON THE PLATFORM, OR REGARDING THE AVAILABILITY OR PLATFORMROPRIATENESS OF Third-Party PROVIDERS. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORM IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE THAT YOU MAY INCUR THROUGH USE OF THE PLATFORM, EXCEPT TO THE EXTENT THAT THE PLATFORMLICABLE LAWS OF A PARTICULAR JURISDICTION CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT.
LIMITATION OF LIABILITY
BIOSCAPE 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 BIOSCAPE KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION PLATFORMLY TO YOU ONLY TO THE EXTENT THAT THEY ARE LAWFUL IN YOUR JURISDICTION.
If you use the Platfor, in no event will Bioscape, its affiliates, or their respective directors, officers, employees, agents, representative, licensors or suppliers have any responsibility to you in respect of any intellectual property claims relating to the Platform (or any portion thereof) or your use of the Platform.
THIRD-PARTY INFORMATION AND LINKS TO THIRD-PARTY WEBSITES (INCLUDING THIRD-PARTY PROVIDER WEBSITES)
The Platform may contain information concerning Third-Party Providers and other third parties (sometimes referred to as “partners or advertisers”) who may offer third-party products or services compatible with the Platform. The Platform may also provide links to third-party websites (including websites of Third-Party Providers) as a paid service to Third-Party Providers. Such information and links are provided for your convenience. BIOSCAPE 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 Platform, whether between you, Bioscape, its affiliates or any Third-Party Provider.
In choosing to access the Platform, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users. We may limit the Platform’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
You agree that these Terms shall be construed in accordance with the laws of the State of Georgia without regard to its conflict of laws or provisions. Any claim or dispute arising in connection with your use of the Platform shall be brought exclusively in the courts of the State of Georgia. Any cause of action or claim you may have with respect to the Platform must be commenced within one (1) year after the cause of action or claim arises. Bioscape’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 Bioscape nor any trade practices shall act to modify the Terms. Bioscape 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 Bioscape relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Bioscape relating to such subject matter.