Terms of Use | QC-Health

Last Updated: December 25, 2019

QC-HEALTH TERMS OF USE

INTRODUCTION

Welcome to QCHealth.org (collectively, with the mobile, tablet, or computer version, if applicable, the “Application”), owned and operated by QC-Health, Inc. (“we,” “us,” or the “Company”). Your access to and use of this Application, and all services on or through the Application, is subject to, and expressly conditioned upon, your acceptance of all terms and conditions contained in these QC-Health Terms of Use (the “Terms of Use” or “Agreement”). It is your obligation to review and understand these Terms of Use before accessing the Application and before using or accessing the Application or our services (or contacting us) through the Application. We reserve the right to alter, suspend, or terminate the Application at any time for any reason without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Application. Any changes to these Terms of Use will be effective immediately upon our posting them to this Application, unless otherwise stated, so you should check back with these Terms of Use on a regular basis.

The use of any data we collect about you is governed by, and subject to, these Terms of Use and our Privacy Policy that is incorporated herein by reference. Your use or accessing of the Application and any services referenced or contained herein constitutes your agreement to these Terms of Use.

NOTICE OF ACCESSIBILITY. If you are having trouble accessing the Application or any portion thereof, please contact our Customer Service Team at support@qc-health.org or 215.489.9000 or 973.644.9009 for assistance.

TERMS AND CONDITIONS

1. Definitions

For the purposes of these Terms of Use, the following definitions apply:

“Affiliates” refers to companies and divisions under the ownership of the Company or that own the Company.

“Content” includes all Text, Reports, Graphics, design, and programming used on the Application.

“Graphics” includes all logos, buttons, and other graphical elements on the Application, including the color combinations and the page layout of the Application, with the exception of trademarks and intellectual property belonging to third parties and displayed with permission.

“Text” includes all text on every page, interface, or feature of the Application, whether editorial, navigational, or instructional. The term Text also includes patient and other educational material and information which appears on the Application.

“End User,” “You,” or “Your” (whether or not capitalized) refers to the person accessing the Application and agreeing to these Terms of Use.

2. Use of the Application & Termination of Access

The Application may only be used in a manner consistent with this purpose, and only within the context of the services and information set forth on the Application. You, as a subscriber and End User to the Application, will be able to access the information and services via credentialed access to obtain such information and services in connection with treatment, healthcare, and other health-related matters. You understand and acknowledge that no content, materials, or other information provided by the Application will be deemed medical advice and that the content and materials provided to you are for informational and/or educational purposes only.

Except as otherwise provided herein, you are not permitted to download (other than page caching), copy, or change any portion of the Application, unless you have our express written consent. Provided you comply with these Terms of Use, you are granted a limited non-exclusive, non-sublicensable, and non-transferable license and right to view and use a single copy of the Application solely for your personal, non-commercial use and solely as an aid to obtaining information or services provided on or through the Application.

End Users who violate these Terms of Use may be denied access to the Application and/or the Company’s services, and we reserve the right to suspend or terminate your use of the Application for any reason at any time in our sole discretion. Additionally, we reserve the right to change, revise, modify, move, or remove, in whole or in part, any content or materials of any kind that are, or have been, available through the Application, including, without limitation, any content, materials, or Submissions submitted by you.

We attempt to ensure that information on the Application is complete, accurate, and current. Despite our efforts, the information on this Application may occasionally be inaccurate, incomplete, or out of date; and we make no representation as to the completeness, accuracy, or currency of any information on the Application.

3. Reports

Solely to the extent that you utilize the Application to generate and download reports or analyses of data and/or information we provide to End Users (“Reports”), you are granted a limited, non-exclusive, non-sublicensable, and non-transferable license and right to generate and download such Reports solely in connection with your use of the Application for your internal business purposes. We retain all right, title, and interest in and to the Reports, and any data or information incorporated therein. Except as authorized above, you agree and acknowledge that the Reports, and any data or information incorporated therein, are proprietary and confidential to us and that you shall not reproduce, reverse engineer, distribute, sell, create derivative works of, or display the Reports or any Content therein, in whole or in part, or provide access thereto.

4. Account Registration

Certain functions of the Application, such as our Outcome Guided Engagement® (“OGE®”) software application, may either now or in the future require registration or providing us with your personal information. These functions may include, but are not limited to, using the “Contact Us” or “Registration” feature or in connection with responding to advertisements or information requests. If you register an account, contact us, or provide information to us in any manner, you agree to provide us only true, accurate, current, and complete information. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. If we issue a username or password to you, you agree to protect such information by, among other things, keeping your username, password, or any other information used in relation to accessing or using the Application (the “Credentials”) confidential. You must immediately notify us of any unauthorized uses of your Credentials or any other breaches of security, including, without limitation, the use or breach of your account or Credentials by an unauthorized third party. We will not be liable for any acts or omissions by you, including, but not limited to, any damages of any kind incurred as a result of such acts or omissions. If you delete your account, we may still need to retain certain information you provided us for record keeping, administrative, legal, and technical purposes. By registering for an account, you grant us and our third-party sponsors (eg, advertisers) permission to send emails, surveys, offers, advertisements, and other marketing material to you via email, including both commercial and transactional/relationship content. Once such third parties obtain such information, they may use your personal information, whether or not you delete your account or cease using the Application, subject to the Privacy Policy. You may unsubscribe to emails at any time.

5. Third-Party Engagement

We, or our third-party sponsors, may contact you about participating in surveys, advertising boards, or other marketing activities or efforts. Any such activities or efforts made available through the Application, by email, or otherwise by us or our third-party sponsors may be governed by terms and conditions and privacy policies that are separate from these Terms of Use and our Privacy Policy. By participating in such activities, you agree to participate subject to any such terms and conditions and policies.

6. Restrictions on Use of the Application

The information displayed on the Application may not be used for any purpose except in connection with your direct use of the Application as permitted by these Terms of Use, and may not be excerpted, summarized, duplicated, or otherwise removed from the Application except with our explicit, written permission. You may not collect or use any portion of the content of this Application in any derivative way, or download, or copy or sell information or other matter for use of any other party. You may not gather information and data on the Application from mining, robots, or other extraction tools.

In addition, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Application for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. You also may not interfere with the proper operation of the Application including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Application or its servers or network, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Application or the use of the Application by any users. You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Application, or the servers and network associated with the Application. Your unauthorized use of the Application terminates the permission or license granted by us to you, and we reserve the right to seek all remedies available by law and in equity for any violation of these Terms of Use. In addition, you specifically agree not to use this Application to do any of the following:

Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, or otherwise unlawful;
Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
Email or transmit content that infringes on the intellectual property or the right of any entity or person;
Violate any applicable local, state, national, or international law;
Email or transmit material that includes viruses, worms, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications; and/or
Disrupt the normal flow of communications or affect the ability of others to engage in activities via this Application.

7. Accuracy of Content

We make every reasonable effort to ensure that the Content on the Application is complete, accurate, and current. Despite our efforts, such Content may occasionally be inaccurate, incomplete, or out of date; and we make no representation as to the completeness, accuracy, or currency of any Content on the Application. We do not assume any obligation to review or monitor the content or other information submitted to the Application by third parties. You assume the risk of verifying the accuracy of such information posted through independent investigation. Notwithstanding the foregoing, we may, at our discretion, review information submitted to the Application for any purpose whatsoever, and we reserve the right, in our sole discretion, to remove, edit, or reject any information submitted to the Application for any reason whatsoever.

8. Information You Provide to Us via This Application

If you choose to provide any personal information via this Application, the information will be used only for certain purposes, as described herein and in our Privacy Policy. Additionally, we may collect or share certain information based on your usage of the Application, as described in our Privacy Policy.

In order to facilitate communications between you and us, this Application offers you the ability to contact us. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Policy to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure, and no security measures are perfect or impenetrable. We shall have no liability whatsoever for any unaccepted or unprocessed information, or for any loss or damage arising from or in connection with any unauthorized use by third parties of any information, that you submit to us via digital means.

9. Limitations on Information Submitted

We do NOT seek to receive any confidential or proprietary information or trade secrets of third parties through the Application. We may use information you or end users voluntarily provide to us through the Application in accordance with the Privacy Policy and in aggregated and deidentified form for analytical purposes. Accordingly, please do not send to us any personally identifiable information unless specifically and explicitly requested or prompted through the Application. To the extent we receive any such confidential, proprietary, or other information by you, you hereby represent having the authority to make such disclosures and consent to our use of such information for tracking and analyzing user trends for the purposes of improving the Application, our services, advertisements, and for purposes of our business and the business of our advertising sponsors. Notwithstanding the foregoing, your contact information and the contact information of third parties provided by you may be provided to third-party sponsors of the Application, including, without limitation, strategic partners and advertisers.

We do NOT want or seek to collect any “Protected Health Information” or any personal or patient-specific information concerning any individuals, patients, or other end users. The Company does NOT want or seek to collect any information or materials that would be covered by or subject to the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH”). Therefore, in submitting any information to the Company or through the Application, you may NOT:

Submit any of your, or any third-party individual’s, “Protected Health Information,” which includes demographic information, medical histories, test or laboratory results, mental health conditions, insurance information, or other personal data that a healthcare professional collects or may collect to identify an individual and determine appropriate care.
Submit any other information which may be, or may be used to specifically identify, any Protected Health Information of an individual. For example, you may be able to seek information on the Application concerning a particular medical condition, but you should not ever state whether you or any other identified individual suffers from or does not suffer from such medical condition.

In addition, we do NOT want or seek any “Personal Data” from or concerning any individuals from the European Economic Area (“EEA”). Therefore, if you are residing in or a resident of any member of the EEA or submitting the information of such persons, you are not permitted to submit any of your or such persons’ “Personal Data” to the Company or through the Application. For purposes of these Terms of Use, the term “Personal Data” means any information relating to an identified or identifiable natural person. An identifiable natural person is a person who can be identified directly or indirectly by reference to an identification number or to one or more specific factors relating to his or her physical, physiological, mental, economic, cultural, professional, or social identity.

10. Ownership of Submissions

By providing us information about you or authorizing third parties to provide us such information (“Submissions”), you hereby acknowledge and agree that we shall retain all right, title, and interest in and to all Submissions, and underlying data or parts thereof, to the maximum extent permitted by applicable law. To the extent we do not retain such ownership interest in and to the Submissions, data, or portions thereof, for any reason, you hereby grant us an irrevocable, perpetual, sublicensable, transferable, royalty-free, fully paid-up, and unrestricted worldwide license and right to, directly, or indirectly through a third party, use, modify, reproduce, adapt, transmit, sell, license and sublicense, create derivative works from, publicly display, perform, and distribute your Submissions, and any improvements, enhancements, modifications, and derivative works thereof, for any purpose whatsoever (commercial or otherwise), in any form, media or technology, whether now known or hereafter developed, alone or as part of other works, with no additional payment, reward, or other compensation to you (unless explicitly set forth to the contrary), subject to the Privacy Policy. Except as otherwise set forth herein, we will not publicize any information that could be used to identify you personally in connection with the Submission to protect your privacy. You agree to indemnify us for any and all losses, liabilities, damages, penalties, interest, fines, awards, judgments, costs, and expenses (including reasonable attorneys’ fees and costs of litigation) relating to any and all claims, causes of action, demands, settlements, administrative actions, proceedings, and investigations arising from or relating to any rights in any Submission. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of these Terms of Use for any reason. You hereby represent that you have and warrant that you will have the authority to grant the foregoing license to the Submissions.

11. Compliance With Law

We reserve the right to cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone believed to be violating the Terms of Use or law. You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we may unilaterally choose to comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto, subject to applicable laws. You agree to waive and indemnify and hold us harmless from and against any and all claims whatsoever resulting from, or in connection with, any action by us regarding any investigations either by us or law enforcement authorities.

12. Intellectual Property Rights

The Company owns any and all intellectual property rights relating to the Application, and the Company’s brand, trade name, trade dress, methodologies, processes, concepts, ideas, procedures, know-how, tools, and other intellectual property, including: copyrights, trademarks, service marks, proprietary logos, insignias, business identifiers, and/or other Text and Graphics that has or provides the “look and feel” of the Company’s brand image, as well as all of the Content, including the Text, Reports, Graphics, programming, photographs, video, and audio contained herein (the “Intellectual Property”). Your use of the Application does not grant you any rights or licenses relating to the Intellectual Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms of Use. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, resold, or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purposes. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate Web pages on the Application, as well as any Graphics or programming. All other Content, including names of services, trademarks, service marks, and other intellectual property, is the property of their respective owners, as indicated, and may only be used as permitted.

13. Procedure for Making and Responding to Claims of Copyright Infringement

We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third parties should be sent to our designated agent noted below (the “Designated Agent”). If you believe that your copyrighted work has been infringed under US copyright law and is accessible on the Application, please notify us by contacting the Designated Agent.

In order to give effective notification of a claim of copyright infringement by a third party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Application; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Designated Agent for notice of claims of copyright infringement can be reached at:

QC-Health, Inc.
6 Century Drive, Suite 170
Parsippany, NJ 07054
Attn: Stacey Richter

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that under the DMCA, an alleged infringer has the right to submit a counter-notice to have the allegedly infringing material re-published on the Application. Should that occur you will receive notification from us and, should you wish to have the material subsequently removed, you will be required to file a copyright infringement claim in a US federal court.

Additionally, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.

14. Disclaimer of Warranties & Limitations of Liability

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Application. Your use of the Application, and the obligations and liabilities of us in respect of your use of the Application, is expressly limited as follows:

DISCLAIMER OF WARRANTIES

THE APPLICATION, AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES ARE PROVIDED ON AN “AS IS“ BASIS, AND WITHOUT ANY WARRANTY WHATSOEVER. THE COMPANY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR USE OR PURPOSE. YOUR USE OF THIS APPLICATION AND ITS SERVICES, AND/OR RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK.

THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS APPLICATION WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE. YOU, AND NOT THE COMPANY, ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT THAT THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THIS APPLICATION OR ITS CONTENT. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS APPLICATION RELATED TO ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT OF THIS APPLICATION MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND WE MAY MAKE CHANGES OR IMPROVEMENTS TO THIS APPLICATION AT ANY TIME WITH OR WITHOUT NOTICE.

NEITHER THE COMPANY NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS APPLICATION SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS APPLICATION.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR SPECIAL DAMAGES (INCLUDING LOST PROFITS AND DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF THE COMPANY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE ONE HUNDRED US DOLLARS.

RELEASE AND INDEMNIFICATION

You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release the Company, and its subsidiaries, Affiliates, and each of their officers, directors, employees, assigns, agents, and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties, or fines known or unknown, arising out of or in connection with your use of this Application.

You agree to indemnify and hold the Company and its subsidiaries, Affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees and costs of suit, made by any third party due to or arising out of (1) your use of this Application; (2) information that you submit, transmit, or otherwise make available via this Application or otherwise, including but not limited to Submissions; or (3) your breach of these Terms of Use.

You agree to indemnify, defend, and hold us harmless from and against any and all liability, claims, causes of actions, damages, costs, and expenses, including but not limited to, attorneys’ fees and costs of suit, arising out of your breach of these Terms of Use.

EXCLUSIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, IN NEW JERSEY, WITH RESPECT TO LIMITATIONS OF WARRANTIES FOR CONSUMER PRODUCTS AND SERVICES (SEE NEW JERSEY’S TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT (TCCWNA)). THEREFORE, SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU, AND WE ENCOURAGE YOU TO CONSULT A LOCAL ATTORNEY FOR LEGAL COUNSEL CONCERNING THESE ISSUES.

15. General Information

Entire Agreement

These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and the Company governing your use of this Application, superseding any prior agreements between you and the Company with respect to this Application. You also may be subject to additional terms and conditions that may apply when you use or purchase certain services of the Company. The Privacy Policy is hereby incorporated into these Terms of Use by reference.

Waiver and Severability

The failure of the Company to enforce any right of the provisions in the Terms of Use or Privacy Policy shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect any other provision of the Terms of Use or Privacy Policy, and the Terms of Use or Privacy Policy shall be construed without regard to the invalid, illegal, or unenforceable provision.

Choice of Law; Jurisdiction; Venue; Waiver of Certain Rights

Your use of this Application and any dispute arising out of or in connection with this Application shall be governed by the laws of the State of New Jersey without giving effect to any conflict of laws provisions. By accessing this Application, you agree that any action or proceeding arising out of or in connection with this Application shall be brought solely in a state or federal court of competent jurisdiction located within the State of New Jersey, and you agree to submit to the personal and exclusive jurisdiction of the courts located in the State of New Jersey.

You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any court located in the State of New Jersey, and any objection to venue within the State of New Jersey with respect to such proceeding.

Neither you nor the Company may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be litigated on a class or representative basis. A court of competent jurisdiction can decide only your and/or the Company’s individual Claims. Such a court may not consolidate or join the claims of other persons or parties who may be similarly situated.

Attorneys’ Fees and Costs

You agree that you shall be liable, and shall compensate the Company, for all costs and fees, including but not limited to our reasonable attorneys’ fees and costs, incurred by the Company in connection with any dispute or legal action arising out of or relating to your violation or breach of any obligation under these Terms of Use or your use of the Application or any services in connection therewith.

Viruses and Transmission of Sensitive Information

We cannot and do not guarantee or warrant that the materials contained on this Application will be free of viruses, worms, or other code or related hazards that may have destructive properties (collectively “viruses“). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. The Company does not assume any responsibility or risk for your use of the Internet, nor do we assume any responsibility for any products or services of, or hyperlinks to, third parties.

Miscellaneous

We do not represent that materials on the Application are appropriate or available for use in your location. Persons who choose to access the Application do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Application must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The Company’s failure to enforce any of its rights under these Terms of Use at any time does not constitute a waiver of those rights or any other rights of Company. Any such waiver or claimed waiver must be in writing and signed by an officer of the Company.