TERMS OF USE
Last updated 4/19/23
Agreement To Our Legal Terms
We are MediFare (“Company,” “we,” “us,” “our”)
We operate an app, as well as other related products and services that refer or link to these legal terms (the “Legal Terms” (collectively, the “Services” or the “app”).
You can contact by email at sazad@medifareclear.com
These Legal Terms constitute a legally binding agreement made between you personally or on behalf of an entity (“you”), and MediFare, concerning your access to and use of the Services. You agree that by accessing the app, you have read, understood and agreed to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, then you are prohibited from using the app and must discontinue use immediately,
Supplemental terms and conditions or documents that may be posted on the app are hereby incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time or for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive the right to receive specific notice of each change. It is your responsibility to review periodically these Legal Terms to stay informed of updates.
We recommend that you print a copy of these Legal Terms for your records
TABLE OF CONTENTS
1. Our services
2. Intellectual property rights
3. User representations
4. Prohibited activities
5. User generated contributions
6. Contribution license
7. Services management
8. Term and termination
9. Modifications and interruptions
10. Governing law
11. Dispute resolution
12. Corrections
13. Disclaimer
14. Limitations of liability
15. Indemnification
16. User data
17. Electronic communications, transactions, and signatures
18. Miscellaneous
19. Contact us
1) Our Services
The information provided when using the app is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those persons who choose to access the app from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
2) Intellectual property rights
Our intellectual property: we are the owner or the licensee of all intellectural property rights in our app, including all source code, functionality, software, website designs, audio, video, text, photographs, and graphics in the app (collectively, the “Content”) as well as trademarks, service marks, and logos contained therein. Our databases are publicly sourced.
Our Content is protected by copyright and trademark laws in the United States.
The Content is provided through the app for your personal, non-commercial use, or internal business purpose only.
Your use of our Services: subject to compliance with these Legal Terms, we grant on-exclusive, non-transferable, revocable license to
- Access the Services
- Download or print a copy of any portion of the Content to which you have properly gained access
Solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content may be copied, reproduced, uploaded, posted, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express written permission.
If you wish to make any use of the app or Content other than as set out in this section or elsewhere in our Legal Terms, please email your request to: sazad@medifareclear.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our app or Content, you must identify us as owners of the app and content to ensure that any copyright or proprietary notice is visible on posting, reproducing, or displaying our Content.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our app will terminate immediately.
3) User Representations
By using the app, you represent and warrant that: (1) you have the legal capacity and you agree to comply to these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the app through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the app for any illegal or unauthorized purpose; and (5) your use of the app will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the app (or any portion thereof).
4) Prohibited Activities
You may not access or use the app for any purpose other than that for which we make the app available. The app may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the app, you agree not to:
-systematically retrieve data or other content from the app, to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
-Circumvent, disable, or otherwise interfere with security-related features of the app, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the app and/or the Content contained therein
-Disparage, tarnish, or otherwise harm, in our opinion, us and/or the app
- Use any information obtained from the app to harass, abuse or harm another person
-Make improper use of our support services or submit false reports of abuse or misconduct
- Use the app in a manner inconsistent with any applicable laws or regulations
- Engage in unauthorized framing of or linking to the app
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
- Delete the copyright or other proprietary rights notice from any Content
- Interfere with, disrupt, or create a burden on the app or the networks or services connected to the app
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you
- Attempt to bypass any measures of the app designed to prevent or restrict access to the app or any portion of the app
-Copy or adapt the app software
- Apart from any standard search or Internet browser usage, use, launch, develop, or distribute any automated system such as any robot, cheat utility, scraper or offline reader that accesses the app or use or launch any unauthorized script or other software
-Use the app as part of any effort to compete with us or otherwise use the app and/or the Content for any revenue-generating endeavor or commercial enterprise
5) User Generated Contributions
The app does not offer users to submit of post content.
6) Contribution License
You agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).
By submitting suggestions or other feedback regarding the app, you agree that we can use and share such feedback for any purpose without compensation to you.
7) Services Management
We reserve the right, but not the obligation, to: (1) monitor the app for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the app or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the app in a manner designed to protect our rights and property and facilitate the proper functioning of the app.
(8) Term and Termination
These Legal Terms shall remain in full force and effect while you use the app. Without limiting any other provision of these legal terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the app (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty, or covenant contained in these legal terms or of any applicable law or regulation. We may terminate your use or participation in the services or delete any content or information that you posted at any time, without warning, in our sole discretion.
(9) Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the app at any time or for any reason at our discretion without notice. However, we have no obligation to update any information on our app. We will not be liable to you or any party for any modification, price change, suspension, or discontinuance of the app.
We cannot guarantee the app will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the app, resulting in interruptions, delays, or errors, We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the app at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the app during any downtime or discontinuance of the app. Nothing in these Legal Terms will be construed to obligate us to maintain and support the app or to supply any corrections, updates, or releases in connection therewith.
(10) Governing Law
The Legal Terms shall be governed by defined following the laws of the United States. You consent that the courts of the United States shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms,
(11) Dispute Resolution
Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms brought by either you or us (individually, a “Party” or the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 60 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration: any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under European Arbitration Chamber according to the Rules of this ICAC, which, because referring to it, is considered as the part of this clause.
Restrictions: the Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
(12) Corrections
There may be information of the app that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the app at any time, without prior notice.
(13) Disclaimer
The app is provided on an as-is and as-available basis. You agree that your use of the service will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the app and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the apps’ content or the content of any websites or mobile applications linked to the services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise are available via the services.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the app, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or service. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
(14) Limitations of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the service, notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
(15) Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorney’s fees and expenses, made by any third part due to (1) use of the app; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the app with whom you connected via the app. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defensive and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification becoming aware of it.
(16) User Data
We will maintain certain data that you transmit to the app for the purpose of managing the performance of the app, as well as data relating to your use of the app. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that related to any activity you have undertaken using the app. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
(17) Electronic Communications, Transactions, and Signatures
Visiting the app, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the app, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the app. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
(18) Miscellaneous
These Legal Terms and any policies or operating rules posted by us on the app or in respect to the app constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable that provision is deemed severable from these Legal Terms and does not affect the validity or enforceability of remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the app. You agree that these Legal Terms will not be construed against us by virtue having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
(19) Contact Us
In order to resolve a complaint regarding the app or to receive further information regarding the app, please contact us at sazad@medifareclear.com
These terms of use were created using Termly’s Terms and Conditions Generator.