1. Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Integrity Medical Software LLC (“we,” “us” or “our”), concerning your access to and use of the [mobile application/website name] mobile application.
1.2 You agree that by accessing the application, you have read, understood, and agreed to be bound by all of these Terms and Conditions.
2. Intellectual Property Rights
Unless otherwise indicated, the application and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us.
3. User Representations
By using the Application, you represent and warrant that:
· You have the legal capacity and you agree to comply with these Terms and Conditions.
· You are not under the age of 18.
· Not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Application.
4. User Registration
If you have log-in details (i.e. you register for our Services),you need to keep them safe! You are responsible for maintaining the confidentiality of your login details including any user name, email address and password and you are also responsible for all activities that are carried out under your account. We would also recommend that you regularly change your password, and do not use the same email and password combination for any other online service.
You agree to use the Site only for lawful purposes:
(a) Specifically you agree not to engage in any of the following activities:
(1) Uploading or transmitting on the Site any defamatory, indecent, obscene, harassing, violent, or otherwise objectionable material, or any material that is protected by copyright without permission from the copyright owner;
(2)Using the Site to violate the legal rights (including rights of publicity and privacy) of others or to violate the laws of any jurisdiction;
(3)Intercepting or attempting to intercept electronic mail not intended for you;
(4)Misrepresenting an affiliation with any person or organization;
(5)Uploading or transmitting on the Site any advertisements or business solicitations;
(6)Restrict or inhibit use of the Site by others;
(7)Upload or otherwise transmit files that contain a virus or corrupted data;
(8)Collecting information about others (including email addresses) without their consent;
(9)Downloading files, software, or including in a message any software, files, or links that you know or have reason to believe cannot be legally distributed over the Site or that you have a contractual obligation to keep confidential (despite its availability on the Site);
(10)Post “spam,” transmit chain letters or engage in other similar activities;
(11) Solicit, provide or exchange any personal information, including but not limited to user names or passwords;
(12) “Stalk,” “phish,” abuse or harass another user, or attempt to do any of the foregoing; or (13)Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by the Company, may harm the Company or users of the Site, or expose them to liability.
(b) Unless expressly authorized by the Company in writing, you are prohibited from reproducing, sublicensing, distributing, selling, or exploiting for any commercial purposes (i) any part of this Site or its content, (ii) access to this Site or (iii) use of this Site or of any services or materials available through this Site, including, without limitation, by leasing access to the Site (e.g., at a cyber café), gathering and selling virtual items, codes, pre-paid game cards, or virtual currency through the Site, or otherwise.
(c)The Company retains the right, without assuming any obligation, to (1) remove any material posted on the Site that the Company, at its sole discretion, considers inconsistent with the stated commitments (including any material that may constitute or be alleged to constitute copyright infringement, whether noticed by the Company or reported by a third party); (2) monitor and/or record communications between and among users on the Site; and (3) terminate any user’s access to all or part of the Site. However, please note that the Company cannot review all material or communications before they are posted on the Site, nor can it guarantee the immediate removal of objectionable material after it has been posted. Consequently, the Company assumes no liability for actions or inactions regarding transmissions, communications, or content provided by third parties. The Company reserves the right to take any necessary action to safeguard the personal safety of Site users and the public. Nonetheless, the Company disclaims any liability or responsibility to anyone for the execution or non-execution of the activities outlined in this paragraph.
(d) Your failure to comply with the provisions of (a), (b) or (c) above may result in the termination of your access to the Site and may expose you to civil and/or criminal liability.
5. Prohibited Activities
You may not access or use the application for any purpose other than that for which we make the application available.
6.Disclaimers Of Warranties
The Site is provided on an "as is" and "as available" basis for your use, without any warranties of any kind, whether express or implied. This includes but is not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from course of dealing or usage of trade.
We don’t warrant the accuracy, completeness, or reliability of any content available through the Site. It is your responsibility to verify any information before relying on it. Your use of the Site and/or the content available on the Site is at your sole risk.
7.Limitation Of Liability
To the maximum extent permitted by law, Crestline, its affiliates, licensors, and business partners (collectively referred to as the "Related Parties") disclaim all liability, whether based in contract, tort (including negligence), strict liability, or otherwise. They further disclaim all losses, including without limitation direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Site, even if Integrity Medical Software LLC and/or the Related Parties have been advised of the possibility of such damages.
This disclaimer of liability constitutes your sole and exclusive remedy in connection with the Site and its use.
8. Refund
All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.
9. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the application at any time or for any reason at our sole discretion without notice.
10. Governing Law
These Terms and Conditions and your use of the application are governed by and construed in accordance with the laws of the country/state governing the jurisdiction of Integrity Medical Software LLC.
11. Dispute Resolution
Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in the jurisdiction of Integrity Medical Software LLC.
12. Corrections
There may be information on the application 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 at any time, without prior notice.
13.General
Entire Agreement. These Terms and Conditions set out the entire agreement between you and Integrity Medical Software LLC regarding the Services and supersede all earlier agreements and understandings between you and Crestline.
Assignment. Integrity Medical Software LLC may assign these Terms and Conditions, in whole or in part, to any person or entity at any time with or without your consent, provided that such assignment does not reduce your rights under these Terms and Conditions. You may not assign or delegate any rights or obligations under these Terms and Conditions without Crestline’s prior written consent, and any unauthorized assignment and delegation by you is void.
Severability. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms and Conditions will remain in full force and effect. Crestline’s failure to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision.
No Waiver. Any failure by Integrity Medical Software LLC to exercise or enforce any of its rights under these Terms and Conditions does not waive its right to enforce such right. Any waiver of such rights shall only be effective if made in writing and signed by an authorized representative of Crestline.
14.Contact Us
If you have any questions regarding these Terms and Conditions, please get in touch with us at :[email protected].