LabSavvy Terms of Service

Welcome to this website or mobile application, a service of Computer World Services Corporate d/b/a LabSavvy (“we” “us” or “our”). These Terms of Use, including the Privacy Policy https://labsavvy.com/privacy-policy/ and any other  policies that we include on https://labsavvy.com/ (“terms”) govern your use of the information, tools and other content that we make accessible to you when you use this website or mobile application, or any other website, mobile application or interactive features that link to these Terms (each, a “service” or collectively, the “services”).

The Services Covered by these Terms

The services that link to these terms, include, but are not limited to:

  • LabSavvy-branded websites, including https://labsavvy.com/
  • LabSavvy-branded mobile applications
  • Interactive text messaging features, when you provide your cell phone number to us, or consent to our use of your cell phone number, in a website or mobile application that links to these terms.

To access our services, you will need access to the internet.  You understand that you must provide, at your own expense, all internet, telephone and other equipment and services necessary to access and use our services.  We are not responsible for the services provided by  third parties that operate websites or applications that link to our services.

Acceptance of Terms

These terms are an agreement between you and us.  When you use our services, you acknowledge that you have read, understand and agree to these terms.  If you do not accept the terms, you may not use the services.  This agreement shall apply to any and all of your uses of the services, and shall survive any termination of your access to any one or more of the services.

Content on Our Services

Our services allow you to access health and medical-related content and information, such as collections of data, video, audio, static digital images or other multimedia (the 'content'). This Content may be owned by us, other organizations that give us the right to distribute their Content, or users of our services (like you). We grant you a limited, non-exclusive, non-assignable license to view the Content and to use the services for personal, non-commercial purposes as set forth in these terms or in a manner that does not require a license. Except for activities that do not require a license, unless the Content was legally posted by you on our services, you may not distribute copies of the Content in any form (including by email or other electronic means), without prior written permission from its owner.  Of course, you are free to encourage others to access the Content and to tell them how to find it.

Content Disclaimer

You understand and agree that the content:

  1. is compiled from a variety of sources (“content providers”), and is provided for informational purposes only,
  2. is presented in summary form and intended to provide broad consumer understanding and knowledge of health care topics,
  3. does not cover all possible uses, directions, precautions, drug interactions or adverse effects, nor mean that a particular drug or course of treatment is safe, effective or appropriate for your health condition,
  4. is not a substitute for professional health care and is not meant to replace the advice of health care professionals, and
  5. does not replace or modify any documents or other materials provided to you by your health plan or health care providers.

IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL 911.

While we endeavor to direct you to helpful, trustworthy resources, we cannot endorse, approve, or guarantee software, information, products, or services provided by or at a third-party resource or track changes in the resource. Consequently, we are not responsible for the content or accuracy of any third-party resource or for any loss or damage of any sort resulting from the use of, or for any failure of, products or services provided at or from a third party resource.  We recommend these resources on an “as is” basis. When you use a third-party resource, you will be subject to its terms and licenses and no longer be protected by our privacy policy or security practices, which may differ from the third-party policy or practices or other terms. You should familiarize yourself with any license or use terms of, and the privacy policy and security practices of, the third-party resource, which will govern your use of that resource.

Content for Personal Use Only

The services let you display and in some cases download content or specific portions of content.  In exchange for making this content available, you understand and agree that you will only display and/or download content from the services for your own personal use.  You also agree not to change or delete any proprietary notices from any content displayed or downloaded from the services.

User-Generated Content

You represent that you have properly identified yourself by entering your own name, email address and other personal identifiers (like date of birth, address and phone number) when registering with a service, or you have authorized a personal representative (a family member, for example) to enter this information on your behalf.  You or your authorized representative may volunteer this or any additional information while using our service or providing us with your comments, suggestions, error reports or support inquiries (collectively with personal identifiers, “user content”).  Whenever you do so, you grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual, irrevocable, fully paid-up right and license to use, copy, distribute, reproduce, and create derivative works of your user content as we deem reasonably necessary to provide you with the service.  You also represent and warrant to us that:

  1. The user content you provide is accurate, complete and timely,
  2. You have all rights necessary to grant us the foregoing license,
  3. User content will not infringe or otherwise violate any laws, regulations or third-party rights,
  4. User content will not damage or cause harm to our systems or networks, the systems or networks of our business partners, other users of our services or any other third party.

Bear in mind that while you grant us this license to use your user content, our ability to use or disclose it is limited by our [LINK]Privacy Policy.

Text Message

In the future, we may send you text messages that relate to the services.  By providing your cell number through any of our services, you consent to us sending you text messages that relate to these services.  If we provide information to you via text message, you will have the ability to stop getting text messages from us by replying to a text message with the word STOP.  We will let you know if message and data rates may apply and provide a list of mobile phone networks that allow for text messaging services, as these services may not work on all mobile phone networks.

Customer Service or Technical Support

You can get support by sending an email to [email protected]

Medical Disclaimer

If you have specific health care needs, or for complete health information, please see a doctor or other health care provider.  Neither we nor any of our content providers makes any warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any content appearing in the services.  You should never disregard medical advice or delay seeking it because of something you read when accessing the services.  Consult your physician if you need medical advice.

Warranty Disclaimer

The services are provided “AS IS” without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you.  The content we provide through the service is for informational purposes only, and no warranty is made that it is error-free.

Limitations of Liability

In no event will we be liable to you for any direct, indirect, special or other consequential damages arising out of any use of our services, or any other hyperlinked website or application, including without limitation, any lost profits, business interruption, loss of programs or data on your equipment or otherwise, even if we are expressly advised of the possibility or likelihood of such damages.

Indemnification

You agree to indemnify and hold us, our affiliates and partners, and each of our respective employees, contractors, directors, suppliers and representatives (“indemnified parties”) from all liabilities, losses, damages, claims, actions, demands, settlements, costs and expenses, including attorneys' fees, that arise from or in connection with (i) your breach of this Agreement, (ii) your negligence, willful misconduct or violation of any laws or regulations or third party rights, (iii) your disputes with any third parties.  LabSavvy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully assist and cooperate with LabSavvy in asserting any available defenses.

Restrictions on Use; Terminating Access

You will not, nor permit anyone else to, directly or indirectly:

  1. reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of our services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law);
  2. modify or create derivatives of any part of our services;
  3. rent, lease, or use the services for any commercial purpose;
  4. remove or obscure any proprietary notices on the services;
  5. use the services for any unlawful purpose;
  6. access any service or information system that is not explicitly permitted by these terms;
  7. send unwanted messages or emails (i.e.,“spam”) through any services;
  8. send any harassing, defamatory or illegal content through any service (or any content that otherwise infringes or violates the rights of any third party);
  9. use LabSavvy-branded domain names or web URLs in your username without our prior written consent;
  10. interfere or disrupt a service in any way; or
  11. access a service via any automated means including without limitation scripts, bots, spiders, crawlers, or scrapers.

We may terminate your access to any one or more of the services if you violate any of these terms.

Choosing to be a Beta Tester

Sometimes, we look for beta testers to help us test our new features. These features will be identified as “beta” or “pre-release,” or words or phrases with similar meanings (each, a “Beta Product”). Beta Products are made available “as is,” and any warranties or contractual commitments we make for other services do not apply.

We may deliver notice to you concerning these terms by means of electronic mail to the address on record in our files, by a general notice posted on the website or mobile application that links to these terms.

Modifications to these Terms

We may modify these terms at any time by posting revised terms to any website or application that delivers a service.  You can determine when these terms were last revised by referring to the Effective Date at the bottom of these terms.  Any modifications will be effective immediately upon such posting. Your use of or access to the services after these modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them.

Other Terms and Conditions

  1. The failure of either party to exercise in any respect any right provided for in these terms shall not be deemed a waiver of any further rights hereunder.
  2. If any provision in these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the terms shall otherwise remain in full force and effect and enforceable.
  3. The terms are not assignable, transferable or sublicensable by you except with our prior written consent.
  4. We may transfer, assign or delegate this agreement and its rights and obligations without consent.
  5. The terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, as if made within Virginia between two residents thereof.  You agree that all disputes or disagreements arising in connection with these Terms of Service shall be settled by binding arbitration in accordance with the rules and procedures (“Rules”) of the Virginia Uniform Arbitration Act, Code of Virginia §8.01-581.01.  Arbitration shall be conducted by one (1) arbitrator selected in accordance with the Rules.  In the event any telephonic or other streamlined procedures are available – they will be used. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court.   The arbitration proceeding shall take place in Falls Church, Virginia using the English language. Notwithstanding the foregoing, either party may bring claims for equitable or injunctive relief before a state and federal court located in the City of Falls Church, Virginia or the Eastern District of Virginia.  You hereby waive any right to assert the doctrine of forum non conveniens or similar doctrine or to object to venue of any proceeding brought in accordance with these Terms of Service.  You further stipulate that the state and federal courts located in the City of Falls Church, Virginia or the Eastern District of Virginia shall have personal jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to your use of the Services.
  6. Both parties agree that the terms (inclusive of all policies and documents explicitly incorporated herein by reference) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this agreement.
  7. No agency (except as expressly set forth herein), partnership, joint venture, or employment is created as a result of your acceptance of these terms.

 

Effective date: 01/30/2019