THIS SERVICE IS ONLY CONTEMPLATED FOR SPECIFIC NON-EMERGENT MEDICAL CONDITIONS OR CONCERNS. IF YOU BELIEVE YOU OR SOMEONE YOU KNOW IS HAVING A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY SERVICES
Agreement. BY USING THE PLATFORM, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. WE RESERVE THE RIGHT TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT AT ANY TIME. IF WE CHANGE THIS AGREEMENT, WE WILL GIVE YOU NOTICE BY POSTING THE REVISED AGREEMENT ON THE APPLICABLE WEBSITE(S) OR MOBILE APPLICATION(S). THOSE CHANGES WILL GO INTO EFFECT ON THE EFFECTIVE DATE SHOWN IN THE REVISED AGREEMENT. BY CONTINUING TO USE THE PLATFORM AFTER THE NEW EFFECTIVE DATE, YOU AGREE TO BE BOUND BY SUCH CHANGES.
Conditions of Use. These Terms detail your rights, privileges, and obligations in your use of the Platform. We may modify these Terms at any time and such modifications or updates will be effective at time of posting. You are strongly encouraged to review these Terms on a regular basis. If you do not agree to any of the Terms, you should stop your access and use of the Platform, and, if you already are a member with a registered Primasun account, you must follow the steps stated on the Platform to deactivate your online account. Upon deactivation of your account all account information unique to you will be deleted and will no longer be retrievable by you. If you have worked with a medical service provider through the Platform, please contact your medical service provider directly for your own medical records. YOU UNDERSTAND THAT YOUR USE OF ANY PLATFORM FEATURES IS SUBJECT TO THESE TERMS REFERENCED HEREIN, EACH OF WHICH IS FULLY INCORPORATED AND CONSIDERED AS PART OF THESE TERMS. UPON YOUR ACCESS TO THE PLATFORM YOU HAVE ACCEPTED (WITHOUT MODIFICATION BY YOU) ALL OF THE REFERENCED TERMS, CONDITIONS, POLICIES, AND NOTICES REFERENCED HEREIN.
Acceptable Use. When you use the Platform, you may not:
violate any law or regulation;
transmit any viruses, malware, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
use any means to scrape or crawl any web pages or Content (as herein defined) contained in the Platform (although Company may allow operators of public search engines to use spiders to index materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, and Company reserves the right to revoke these exceptions either generally or in specific cases);
attempt to circumvent any technological measure implemented by Company or any of Company's providers or any other third party (including another user) to protect the Platform;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Platform; or
advocate, encourage, or assist any third party in doing any of the foregoing.
Ownership & Copyright Restrictions. The Platform is owned and operated by Company and/or its licensors. The Platform, including but not limited to software, content, text, photographs, images, graphics, video, audio, and the compilation as a whole ("Content"), are copyrighted under U.S. copyright and other laws by Company or its licensors, unless otherwise noted. You must abide by all additional copyright notices or restrictions contained in the Platform.
Copyright Permission. Permission is granted for viewing the pages on the Platform, subject to the terms and conditions of this Agreement. In the event that information is downloaded from the Platform, the information, including any Content, data or files incorporated in or generated by the Platform is owned by Company and/or its licensors and Company and/or its licensors retain complete title to the information and all property rights therein. All other rights are reserved.
Trademarks. All Content, product names, trademarks, service marks and logos on the Platform, unless otherwise noted, are wholly owned or validly licensed by Company. Trademarks, service marks and logos owned by third parties remain the property of such third parties.
Submissions. If you submit any ideas, suggestions, or testimonials to Company, you hereby grant us the right to use your submission without charge in any manner that we deem appropriate, including posting on the Internet. You may only submit ideas, materials, and content if you have obtained appropriate copyright and other permission and you hereby grant Company and its licensors the right to use such materials. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity, and intellectual and proprietary rights, such as copyright or trademark rights.
Accounts. In order to use certain features of the Platform, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. 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. You may delete your Account at any time, for any reason, by following the instructions on the Platform. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
DISCLAIMER. THE PLATFORM IS MADE AVAILABLE “AS IS” AND COMPANY AND ITS LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO THE PLATFORM, OR INFORMATION CONTAINED ON THE PLATFORM. YOU AGREE TO ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE PLATFORM.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (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 SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE 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 THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). 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. 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.
Term and Termination. Subject to this Section, this Agreement will remain in full force and effect while you use the Platform. We may suspend or terminate your rights to use the Platform (including your Account) at any time for any reason at our sole discretion, including for any use of the Platform in violation of this Agreement. Upon termination of your rights under these Terms, your Account and right to access and use the Platform will terminate immediately.
Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of California without regard to any conflict of laws principles.
Unenforceability. If any provision of this Agreement should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
Authority. The party entering into this Agreement hereby acknowledges, represents, and warrants that he or she is expressly and duly authorized to enter into this Agreement and to legally bind said party to this Agreement.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Company without restriction.
Electronic Communications. The communications between you and Company use electronic means, whether you use the Platform or send us emails, or whether Company posts notices on the Platform or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing; including, without limitation, communication from certain affiliated professional entities or third parties of Primasun sending you disclosures, messages, notices, and other communications to your designated mobile phone and email account. The foregoing does not affect your non-waivable rights.
Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Platform. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.
Notices. You may contact us by writing us at the address or email address listed below: Primasun, LLC 269 E Grand Ave South San Francisco, CA 94080 Attn: Customer Service Or email@example.com
Mapi Research Trust Terms and Conditions Pursuant to Primasun’s Clinical Outcome Assessment Licensing.
The User (as defined below) agrees to the terms listed below, when capitalized:
23.1 “COA” means the Clinical Outcome Assessment accessible through COMPANY’s modality/platform.
23.2 “COMPANY” means the company which implemented the COA and provides access to the COA through its modality/platform.
23.4 “Copyright Holder” means the person or legal entity who owns the copyright on the COA.
23.5 “Services” means the access of the COA provided by COMPANY to the User under the agreement between COMPANY and the User and use of the results thereof.
23.6 “User” means individuals that use Primasun’s product/services.
Copyright/Use. The COA available through the COMPANY’s modality/platform is licensed by Mapi Research Trust, a not-for-profit organization registered at 27 rue de la Villette, 69003 Lyon, France, and is the property of the Copyright Holder. The User shall not use the COA except as permitted pursuant to these Licensing T&Cs. The Copyright Holder owns all of the intellectual property rights in the COA and any derivative work from the COA including but not limited to existing and future translations, and in particular the rights to reproduce, perform, modify, amend, adapt, and translate the COA. The User may not delete or alter the copyright notice(s) included on the COA.
Grant of license. The User is granted a non-exclusive, non-concurrent, non-transferable, limited license to use the COA. The User shall not use the COA for any purpose other than for the Services. The User agrees not to reproduce, retransmit, modify, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate the COA to anyone else without the express prior written consent of Mapi Research Trust.
Warranties. THE USER UNDERSTANDS AND AGREES THAT THE COA IS PROVIDED “AS IS”. MAPI RESEARCH TRUST DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE COA. MAPI RESEARCH TRUST AND THE COPYRIGHT HOLDER ACCEPT NO RESPONSIBILITY FOR ANY EXPENSES, LOSSES OR ACTIONS INCURRED OR UNDERTAKEN BY THE USER AS A RESULT OF ITS USE OF THE COA UNDER THESE LICENSING T&Cs.
Términos de Uso (Español)
ESTE SERVICIO SOLO SE CONTEMPLA PARA AFECCIONES O INQUIETUDES MÉDICAS ESPECÍFICAS QUE NO SEAN DE EMERGENCIA. SI USTED CREE QUE USTED O ALGUIEN QUE CONOCE TIENE UNA EMERGENCIA MÉDICA, LLAME AL 911 O A SUS SERVICIOS DE EMERGENCIA LOCALES.
IMPORTANTE: ESTE ACUERDO DE TÉRMINOS DE USO (“ACUERDO”) ES UN ACUERDO LEGAL ENTRE USTED (YA SEA UNA PERSONA FÍSICA O UNA ENTIDAD) (“USTED” o “SU(S)”) Y PRIMASUN LLC (EN ADELANTE, “COMPAÑÍA”, “NOSOTROS”, “NOS” O “NUESTRO