We reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute
a material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions and
contributions
Please review this section and the
"PROHIBITED ACTIVITIES"
section carefully prior to using our Services to understand the
(a) rights you give us and (b) obligations you have when you post
or upload any content through the Services.
Submissions: By directly sending us any
question, comment, suggestion, idea, feedback, or other
information about the Services ("Submissions"), you
agree to assign to us all intellectual property rights in such
Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or
compensation to you.
Contributions: The Services may invite you to
chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality during which you may
create, submit, post, display, transmit, publish, distribute, or
broadcast content and materials to us or through the Services,
including but not limited to text, writings, video, audio,
photographs, music, graphics, comments, reviews, rating
suggestions, personal information, or other material ("Contributions").
Any Submission that is publicly posted shall also be treated as a
Contribution.
You understand that Contributions may be viewable by other users
of the Services.
When you post Contributions, you grant us a
license
(including use of your name, trademarks, and
logos): By posting any Contributions, you grant us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and
license
to: use, copy, reproduce, distribute, sell, resell, publish,
broadcast, retitle, store, publicly perform, publicly display,
reformat, translate, excerpt (in whole or in part), and exploit
your Contributions (including, without limitation, your image,
name, and voice) for any purpose, commercial, advertising, or
otherwise, to prepare derivative works of, or incorporate into
other works, your Contributions, and to
sublicense the licenses
granted in this section. Our use and distribution may occur in any
media formats and through any media channels.
This license
includes our use of your name, company name, and franchise name,
as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload:
By sending us Submissions
and/or posting Contributions
through any part of the Services
or making Contributions accessible through the Services by linking
your account through the Services to any of your social networking
accounts, you:
-
confirm that you have read and agree with our
"PROHIBITED ACTIVITIES"
and will not post, send, publish, upload, or transmit through
the Services any Submission
nor post any Contribution
that is illegal, harassing, hateful, harmful, defamatory,
obscene, bullying, abusive, discriminatory, threatening to any
person or group, sexually explicit, false, inaccurate,
deceitful, or misleading;
-
to the extent permissible by applicable law, waive any and all
moral rights to any such Submission
and/or Contribution;
-
warrant that any such Submission
and/or Contributions
are original to you or that you have the necessary rights and
licenses
to submit such Submissions
and/or Contributions
and that you have full authority to grant us the above-mentioned
rights in relation to your Submissions
and/or Contributions; and
-
warrant and represent that your Submissions
and/or Contributions
do not constitute confidential information.
You are solely responsible for your Submissions
and/or Contributions
and you expressly agree to reimburse us for any and all losses that
we may suffer because of your breach of (a) this section, (b) any
third party’s intellectual property rights, or (c) applicable
law.
We may remove or edit your Content: Although we
have no obligation to monitor any Contributions, we shall have the
right to remove or edit any Contributions at any time without notice
if in our reasonable opinion we consider such Contributions harmful
or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and
report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you
believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately
refer to the
"
COPYRIGHT INFRINGEMENTS"
section below.
11. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a
revocable, non-exclusive, non-transferable, limited right to
install and use the App on wireless electronic devices owned or
controlled by you, and to access and use the App on such devices
strictly in accordance with the terms and conditions of this
mobile application license
contained in these Legal Terms. You shall not: (1) except as
permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the
App; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the App; (3)
violate any applicable laws, rules, or regulations in connection
with your access or use of the App; (4) remove, alter, or obscure
any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the
App for any revenue-generating
endeavor, commercial enterprise, or other purpose for which it is not
designed or intended; (6) make the App available over a network or
other environment permitting access or use by multiple devices or
users at the same time; (7) use the App for creating a product,
service, or software that is, directly or indirectly, competitive
with or in any way a substitute for the App; (8) use the App to
send automated queries to any website or to send any unsolicited
commercial email; or (9) use any proprietary information or any of
our interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from
either the Apple Store or Google Play (each an
"App Distributor") to access the Services: (1) the
license
granted to you for our App is limited to a non-transferable
license
to use the application on a device that
utilizes
the Apple iOS or Android operating systems, as applicable, and in
accordance with the usage rules set forth in the applicable App
Distributor’s terms of service; (2) we are responsible for
providing any maintenance and support services with respect to the
App as specified in the terms and conditions of this mobile
application license
contained in these Legal Terms or as otherwise required under
applicable law, and you acknowledge that each App Distributor has
no obligation whatsoever to furnish any maintenance and support
services with respect to the App; (3) in the event of any failure
of the App to conform to any applicable warranty, you may notify
the applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase
price, if any, paid for the App, and to the maximum extent
permitted by applicable law, the App Distributor will have no
other warranty obligation whatsoever with respect to the App; (4)
you represent and warrant that (i) you are not located in a
country that is subject to a US government embargo, or that has
been designated by the US government as a
"terrorist supporting"
country and (ii) you are not listed on any US government list of
prohibited or restricted parties; (5) you must comply with
applicable third-party terms of agreement when using the App,
e.g.,
if you have a VoIP application, then you must not be in violation
of their wireless data service agreement when using the App; and
(6) you acknowledge and agree that the App Distributors are
third-party beneficiaries of the terms and conditions in this
mobile application license
contained in these Legal Terms, and that each App Distributor will
have the right (and will be deemed to have accepted the right) to
enforce the terms and conditions in this mobile application
license
contained in these Legal Terms against you as a third-party
beneficiary thereof.
12. SOCIAL MEDIA
As part of the functionality of the Services, you may
link your account with online accounts you have with
third-party service providers (each such account, a
"Third-Party
Account") by
either: (1) providing your Third-Party Account login
information through the Services; or (2) allowing us to
access your
Third-Party
Account, as is permitted under the applicable terms and
conditions that govern your use of each
Third-Party
Account. You represent and warrant that you are entitled
to disclose your
Third-Party
Account login information to us and/or grant us access to
your
Third-Party
Account, without breach by you of any of the terms and
conditions that govern your use of the applicable
Third-Party
Account, and without obligating us to pay any fees or
making us subject to any usage limitations imposed by the
third-party service provider of the
Third-Party
Account. By granting us access to any
Third-Party
Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that you
have provided to and stored in your
Third-Party
Account (the "Social
Network Content") so that it is available on and through the Services via
your account, including without limitation any friend
lists and (2) we may submit to and receive from your
Third-Party
Account additional information to the extent you are
notified when you link your account with the
Third-Party
Account. Depending on the
Third-Party
Accounts you choose and subject to the privacy settings
that you have set in such
Third-Party
Accounts, personally identifiable information that you
post to your
Third-Party
Accounts may be available on and through your account on
the Services. Please note that if a
Third-Party
Account or associated service becomes unavailable or our
access to such
Third-Party
Account is terminated by the third-party service provider,
then Social Network Content may no longer be available on
and through the Services. You will have the ability to
disable the connection between your account on the
Services and your
Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP
WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH
YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We
make no effort to review any Social Network Content for
any purpose, including but not limited to, for accuracy,
legality, or non-infringement, and we are not responsible
for any Social Network Content. You acknowledge and agree
that we may access your email address book associated with
a
Third-Party
Account and your contacts list stored on your mobile
device or tablet computer solely for purposes of
identifying and informing you of those contacts who have
also registered to use the Services. You can deactivate
the connection between the Services and your
Third-Party
Account by contacting us using the contact information
below or through your account settings (if applicable). We
will attempt to delete any information stored on our
servers that was obtained through such
Third-Party
Account, except the username and profile picture that
become associated with your account.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services 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 Services 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 Services in a manner designed
to protect our rights and property and to facilitate the proper
functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our
Privacy Policy: http://www.endohealth.ai/legal/privacy. By using the Services, you agree to be bound by our Privacy
Policy, which is incorporated into these Legal Terms. Please be
advised the Services are hosted in
the
United States. If you access the Services
from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ
from applicable laws in
the
United States, then through your continued
use of the Services, you are transferring your data to
the
United States, and you expressly consent to
have your data transferred to and processed in
the
United States.
Further, we do not knowingly accept, request, or solicit
information from children or knowingly market to children.
Therefore, in accordance with the U.S. Children’s Online
Privacy Protection Act, if we receive actual knowledge that
anyone under the age of 13 has provided personal information
to us without the requisite and verifiable parental consent,
we will delete that information from the Services as quickly
as is reasonably practical.
15. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you
believe that any material available on or through the Services
infringes upon any copyright you own or control, please
immediately notify us using the contact information provided below
(a "Notification"). A copy of your Notification will be sent to the person who
posted or stored the material addressed in the Notification.
Please be advised that pursuant to applicable law you may be held
liable for damages if you make material misrepresentations in a
Notification. Thus, if you are not sure that material located on
or linked to by the Services infringes your copyright, you should
consider first contacting an attorney.
16. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you
use the Services. 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
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO 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
YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of
the Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Services. We
will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times.
We may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the
Services 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
Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections,
updates, or releases in connection therewith.
18. GOVERNING LAW
These Legal Terms and your use of the Services are governed by
and construed in accordance with the laws of
the State of
California
applicable to agreements made and to be entirely performed
within the State of
California, without
regard to its conflict of law principles.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively, the
"Disputes") brought
by either you or us (individually, a
"Party" and collectively, the
"Parties"), the
Parties agree to first attempt to negotiate any Dispute (except
those Disputes expressly provided below) informally for at least
thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly
excluded below) will be finally and exclusively resolved by
binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION,
YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be
commenced and conducted under the Commercial Arbitration Rules of
the American Arbitration Association ("AAA") and, where
appropriate, the AAA’s Supplementary Procedures for Consumer
Related Disputes ("AAA Consumer
Rules"), both of
which are available at the
American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation
shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules.
If such costs are determined by the
arbitrator to be excessive, we will pay all arbitration fees and
expenses. The
arbitration may be conducted in person, through the submission of
documents, by phone, or online. The arbitrator will make a
decision in writing, but need not provide a statement of reasons
unless requested by either Party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator
fails to do so. Except where otherwise required by the applicable
AAA
rules or applicable law, the arbitration will take place in
United States,
California. Except as
otherwise provided herein, the Parties may litigate in court to
compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter
judgment
on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in
the
state and federal courts located in
United States, California, and the Parties hereby consent to, and waive all
defenses
of lack of personal jurisdiction, and forum non conveniens with
respect to venue and jurisdiction in such
state and federal courts. Application of the United Nations Convention on Contracts for
the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) are excluded from these Legal
Terms.
In no event shall any Dispute
brought by either Party related in any way to the Services be
commenced more than one (1) years
after the cause of action arose.
If this provision is
found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to
submit to the personal jurisdiction of that court.
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.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the
following Disputes are not subject to the above provisions
concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity
of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or
unauthorized
use; and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party will elect
to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to
submit to the personal jurisdiction of that court.
20. CORRECTIONS
There may be information on the Services 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 Services at any time, without prior
notice.
21.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES 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 SERVICES' 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 MADE 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 SERVICES, 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 SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
22. 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 SERVICES, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 AMOUNT PAID, IF ANY, BY YOU TO US DURING THE
six (6)
mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING. 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.
23. 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
attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions; (2) use of the
Services; (3) breach of
these Legal Terms; (4)
any breach of your representations and warranties set forth in
these Legal Terms; (5)
your violation of the rights of a third party, including but not
limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services
with whom you connected via the Services. Notwithstanding the
foregoing, we reserve 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, 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 upon becoming aware of it.
24. USER DATA
We will maintain certain data that you transmit to the Services
for the purpose of managing the performance of the Services, as
well as data relating to your use of the Services. Although we
perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. 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.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, 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 Services, 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 SERVICES. 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.
26. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from us,
simply reply to the text with "STOP.” You may receive an SMS
message confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS
messages sent or received. The rates are determined by your
carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS
communications, please email us at
support@endohealth.ai or call at
(+1)6282625700.
27. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in
writing at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
28. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by
us on the Services or in respect to the Services 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 or part of a provision of
these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed
severable from these Legal Terms and does not affect the validity
and enforceability of any 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
Services. You agree that these Legal Terms will not be construed
against us by virtue of 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.
29. CONTACT US
In order to resolve a complaint regarding the Services or to
receive further information regarding use of the Services, please
contact us at:
Endo Health, Inc.
548 Market Street
San Francisco,
CA
94104
United States
Phone:
(+1)6282625700
support@endohealth.ai