Last Updated Date: 29/01/2025
Please read these Website and Member Terms (the “Terms”) carefully. These Terms govern your access to and use of: (1) our website located at https://nowincluded.com, any related subdomains, and any other websites that we link to these Terms (collectively, the “Website”), (2) our mobile application (the “App”) and (3) our NOWINCLUDED health resource community platform, including our in-person events, community outreach efforts, and related services and resources (collectively, the “Community”). The Website, the App, the Community, and all related services, content, and other resources available on or enabled via the Website, the App, and the Community shall be considered the “Services.”
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER.These Terms constitute a legally binding contract betweenyou andAcclinate, Inc., operator of #NOWINCLUDED (“Acclinate,” “we,” “us,” OR “our”).
By accessing, downloading, registering for, or using the Services, you: (1) represent you have read and understand these Terms and our Privacy Policy, and (2) accept and agree to these Termsand our Privacy Policy. Please do not use the Services if you do not agree to these Termsand our Privacy Policy.
As discussed in more detail below, the Services are not a substitute for professional medical advice. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” OR YOUR LOCALEMERGENCY SERVICES NUMBER IMMEDIATELY.
We may change, modify, add, or remove portions of these Terms (each, an “Update”) at any time and in our sole discretion without prior notice to you and such Updates will be effective immediately. If we make Updates to these Terms, we will change the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the updated Terms. If you do not agree to the updated Terms, you must discontinue using the Services.
Please refer to our Privacy Policy (the “Privacy Policy“) for information regarding how we collect, use and disclose information about you in connection with your use of the Services. You understand that through your use of the Services, you consent to the collection and use of this information as set forth in our Privacy Policy.
The Services are available only for individuals aged 18 years or older.
You may not use the Services if you are a competitor or for benchmarking or any other non-personal use.
We may, in our sole discretion, refuse to offer Services to any person or entity and change the eligibility criteria for using the Services at any time.
Account Creation. When you create an online account to use the Services (an “Account”), we require you to provide certain registration information (“Registration Information”) and a username and password to access your Account (as described in more detail in our Privacy Policy). You must provide true, accurate, current and complete Registration Information and you agree to update your Registration Information in order to ensure that it remains current. You may only possess one Account at a time. We reserve the right to reject any registration without explanation.
Account Security. You are responsible for all activity that occurs under your Account. You may not allow others to use your Account, and you agree to maintain the security and confidentiality of authentications, access codes, passwords, and other credentials associated with your Account. If you discover or suspect any unauthorized access or other security breaches pertaining to your Account, please notify us as soon as possible at [email protected].
Account Deletion. You may request that we delete your Account by contacting us using the contact information provided below.
Subject to your compliance with these Terms and all applicable laws, we grant you a limited, nonexclusive, non-transferable and revocable license to access and use the Services, together with the NOWINCLUDED Content (as defined below), for personal, non-commercial purposes in accordance with the terms and conditions of these Terms.
In addition, you must comply at all times with the NOWINCLUDED Community Guidelines when using the Services (the “Community Guidelines”), which are hereby incorporated into these Terms.
THE SERVICES DO NOT PROVIDE MEDICAL, PSYCHIATRIC, OR OTHER PROFESSIONAL HEALTH CARE ADVICE OR SERVICE REQUIRING LICENSURE; NOR ARE THEY INTENDED TO BE USED TO ASSESS HEALTH CONDITIONS OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. Use of the Services does not, and is not intended to, create or constitute, a physician-patient or provider-patient relationship of any kind with Acclinate, its officers, directors, employees, independent contractors, agents, or anyone acting on behalf of Acclinate.
BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE HAD THE OPPORTUNITY TO CONSIDER THE RISKS AND BENEFITS OF THE USE OF THE SERVICES, AND THAT YOU HAVE PROVIDED VOLUNTARY INFORMED CONSENT TO USE THE SERVICES AND PROVISION OF THE SERVICES TO YOU.
We may, at any time, modify, suspend or discontinue the Services, or any part thereof, with or without notice. We will not be liable to you or to any third-party for any modification, suspension or discontinuance of Services as permitted herein.
Any software that we provide to you in connection with the Services may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
The rights granted to you under these Terms are subject to the following restrictions concerning the Services:
Except for Third-Party Content and User Content (each defined below), all information and materials contained on or within the Services, including, but not limited to, text, graphics, HTML, look and feel, images, illustrations, designs, photographs, audio, video, white papers, press releases, names, product names or descriptions, icons, typefaces, software (both source and object code), format, queries, algorithms and written and other materials and information (collectively, “NOWINCLUDED Content“), as well as their selection and arrangement, and all intellectual property and other rights relating to NOWINCLUDED Content, as between you and us, are solely and exclusively owned by us. You will not delete or alter any copyright, trademark or other proprietary rights notices from NOWINCLUDED Content.
Certain features of the Services such as message boards, surveys, forums, bulletin boards and other interactive features allow you to post, submit, publish, display, share, store or manage stories, ideas, opinions, news and other information, and this data and content may include your name and other marks (if applicable), photos, recordings, and videos (collectively, “User Content”). All User Content must comply with these Terms, including without limitation, the NOWINCLUDED Content Guidelines set out below. You agree that we may use and display your User Content in connection with operating the Services, including (if applicable) publicly displaying your User Content in our Services, subject to the terms of our Privacy Policy.
User Content is posted and otherwise made available on the Services on a non-confidential and non-proprietary basis. By providing User Content, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the worldwide, unrestricted, royalty-free, irrevocable, transferable, sub-licensable right to (a) publish, syndicate, publicly display and perform, modify, edit, alter and otherwise use the User Content in whole or in part, without further consent, review or participation from you, for any purpose throughout the world (including commercial and promotional) in any medium or format now existing or hereafter created, including but not limited to print or recorded material, websites, and social media platforms; and (b) use your name, commentary and other information about you in connection with the User Content. This includes the right to use User Content to train AI and machine learning tools. You represent and warrant that (x) you own or control all rights in and to the User Content and have the right to grant the license granted above; and (y) all of your User Content do and will comply with these Terms. We reserve the right to use, not use, or discontinue using any User Content in our sole discretion at any time, subject to the terms of our Privacy Policy.
We never publicly display any of the following User Content:
Also note that your participation in certain events or activities, or your actions in the App, such as joining certain health circles, may permit others to make inferences about your medical information or medical conditions that you may have. For example, if you speak at a diabetes event and discuss your experiences, or join a diabetes health circle in the App, others may infer that you have diabetes. This also applies if you discuss medical information or medical conditions or others, such as if you are a caregiver to a loved one with a certain medical condition and discuss your experience as a caregiver. We ask that you never identify any third-parties without their permission.
The Services may contain proprietary information and materials licensed or provided to Acclinate by third-parties in connection with Acclinate’s provision of the Services and/or other business purposes(collectively, “Third-Party Content”). Third-Party Content is the copyrighted work of its owner, who expressly retains all right, title and interest in and to the Third-Party Content, including, without limitation, all intellectual property rights therein and thereto.
Any reliance you place on NOWINCLUDED Content, User Content, and Third-Party Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, visitor to the Website, or by anyone who may be informed of any of its contents.
All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Acclinate. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.
ACCLINATE IS NOT A HEALTH CARE PROVIDER AND CANNOT AND DOES NOT DIAGNOSE OR TREAT YOUR HEALTH CONDITIONS. WE PROVIDE NO ENDORSEMENT, REPRESENTATION OR WARRANTY THAT ANY PARTICULAR MEDICATION OR TREATMENT IS OR WILL BE EFFECTIVE OR RIGHT FOR YOU. The Services, including, but not limited to, all NOWINCLUDED Content, User Content, Third-Party Content and any other content and informationobtained from or in connection with the Services, are not intended to be used or viewed as providing medical advice, or as a substitute for consultation with a qualified healthcare provider. You are advised to ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT OR ALTERING YOUR EXISTING TREATMENT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ OR LEARNED FROM THE SERVICES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” OR YOUR LOCAL EMERGENCY SERVICES NUMBER IMMEDIATELY.
The Services may allow you to submit photos, videos, and recordings (collectively “Media”) to Acclinate. If you do, such Media will be considered “User Content” and all applicable terms and conditions in these Terms shall apply. Please do not provide any Media that you did not take yourself or that you do not have permission to provide to us. By posting or otherwise making available any Media on or through the Services or to us, you represent and warrant to Acclinate that you have created the Media yourself, you own all copyright, intellectual property rights and other rights to the Media, or that you have received the express written permission from all relevant rights holder(s).
If other persons appear in Media, you represent and warrant that you have received express permission from all such persons to create the Media with their image or likeness and to provide it to Acclinate in accordance with these Terms. PLEASE DO NOT PROVIDE ANY MEDIA THAT CONTAINS THE IMAGES OR LIKENESS OF ANY MINORS UNDER 18 YEARS OLD.
Without limitation of the above, all Media that you submit is subject to our Media Release.
If we provide social media features, you may take such actions as are enabled by such features.Please remember that the manner in which social media services use, store and disclose your information is governed solely by the policies of those third-parties. As such, weare not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any social media services. We enable these features as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
We have the right (but not the obligation) to:
We do not undertake to review all material before it is posted on or through the Services, and we cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding User Content or any other transmissions, communications or content provided by any user or other third-party, including any such content that purports to give advice, including medical advice, or the use of any products or services. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
You will use the Services only in a safe manner and not access or use the Services in an unlawful way or for an unlawful or illegitimate purpose. In addition, you shall abide by the following guidelines with respect to all information, data, Media and content provided to Acclinate or the Services, including but not limited to all User Content and Third-Party Content (our “Content Guidelines”):
Any use of the Services other than as specifically authorized in these Terms is prohibited and may result in our suspension or termination of your right to use the Services, removal of your Account, and may possibly expose you to legal action and damages.
Acclinate and/or its licensors own all right, title and interest, including all related intellectual property rights, in and to the Services and NOWINCLUDED Content. These Termsdo not convey to you any rights of ownership in or related to the Services and NOWINCLUDED Content. Acclinate reserves all rights not expressly granted in these Terms.
Except for User Content, all trademarks, service marks, logos, slogans and taglines displayed on or through the Services are the property of Acclinate and its licensors or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Services without the express written permission of Acclinate, or such third-party that may own the trademark, service mark, logo, slogan or tagline.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us [email protected]. You grant us a nonexclusive, irrevocable, worldwide, royalty-free, fully paid up right and license to use any Feedback provided by you to us with respect to the Services, and we can use, disclose, reproduce, license and otherwise distribute and exploit Feedback in any manner without obligation or restriction of any kind on account of intellectual property rights or otherwise. We will treat any Feedback you provide to us as non-confidential and non-proprietary.
We respect the intellectual property of others, and we ask users of our Services to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If properly notified as described below that any materials published on or through the Services infringe a third-party’s copyright, we will investigate such allegation and take action in accordance with the DMCA or equivalent laws that are applicable in other jurisdictions. We will take whatever action we deem appropriate, in our sole discretion, including removal of the infringing material, contacting the relevant user, and/or terminating any user that is determined by us to be a repeat infringer. This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.
It is highly unlikely that we will know about any potential violations of your rights unless you tell us. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice (see the contact information for the designated copyright agent below) containing the following information:
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to us a counter-notice. You may submit notices of alleged infringement, or any counter-notice, via email, with the subject line “Copyright Notices” to[email protected]or via mail to the address below.
Acclinate
Acclinate, Inc. 1143 1st Ave. S, Suite 114 Birmingham, AL 35233
ATTN: DESIGNATED COPYRIGHT AGENT
We may disclose any communications concerning DMCA or other applicable copyright notices or other intellectual property complaints to third-parties, including the users who have posted the allegedly infringing material. We reserveall rights to seek damages and fees associated with infringement and/or fraud.
By using the Services, you agree that Acclinate may communicate with you electronically regarding administrative, security and other issues relating to your use of the Services. You agree that any notices, agreements, disclosures or other communications that Acclinate sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The foregoing does not affect your statutory rights.
We may send SMS text messages and push notifications (“Messages and Notifications”) in order to keep you informed about the Services, our Community, our events, and information, events, activities, and opportunities that we think you may be interested in. By using the Services, you agree to receive Messages and Notifications regarding your use of the Services. SMS text messages are for transactional purposes only. We will obtain your consent if we wish to send you marketing or promotional SMS text messages. Reply “STOP” to stop receiving SMS text messages. We may, however, continue to send you transactional messages such as tracking information or verification codes if you subscribe to additional products and provide your phone number related to those later transactions. Depending on your current carrier plan, you may incur charges for these Messages and Notifications and agree that we are not responsible for any failure of warranty by any such third-party. We cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier’s service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures.
While we do not conduct clinical trials as a study site, we may invite you to complete a clinical trial prescreening questionnaire if you have expressed interest in participating in a clinical trial conducted by a third-party.We may share your information with third-party study sites (“Sites”) involved in conducting clinical trials, such as hospitals, clinics, physician offices, and universities, as further discussed in our Privacy Policy. We do not share your prescreening questionnaire responses with the Sites, however, the Sites may be able to infer certain information about you based on your interest in a specific clinical trial. For example, if you express interest in a clinical trial involving high blood pressure, the Site may infer that you have high blood pressure.
The Sites may contact you directly about their clinical trials and with additional questions to determine if you may be eligible to participate in a clinical trial being conducted at the Site. We do not control the actions of the Sites or third-party vendors involved in helping Sites with study participant recruitment efforts. Sites are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Liabilities”) suffered by you as a result of your interactions with Sites or participation in a clinical trial, are your sole responsibility. Acclinate shall not be responsible or liable for any Site or any clinical trial, or the promotion thereof. You must resolve all disputes concerning clinical trials directly with the Site.
To the maximum extent permitted by applicable law, you hereby release the Acclinate Parties (as defined below) from any and all such Liabilities. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Acclinate Parties pertaining to the subject matter of this section.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, AND THAT THE SERVICES, AND ALL CONTENTINCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACCLINATE AND ITS AFFILIATES, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. ACCLINATE AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT ANY ASPECT OF THE SERVICES: (I) WILL OPERATE ERROR-, BUG- OR DEFECT-FREE, OR BE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, OR BE COMPLETELY SECURE, (II) WILL MEET YOUR REQUIREMENTS OR BE SUITABLE FOR YOUR PARTICULAR INTENDED USE, OR (III) WILL COMPLY WITH THE LAWS, REGULATIONS OR REGULATORY GUIDELINES THAT ARE APPLICABLE TO YOU.
ACCLINATE CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY ADVICE, IDEAS, INFORMATION, CONTENT, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICES.
IN NO EVENT SHALL ACCLINATE OR ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR DEVICE OR OTHERWISE, OR SIMILAR DAMAGES) RESULTING FROM OR RELATING TO THESE TERMS, INCLUDING WITHOUT LIMITATION (I) YOUR USE OR INABILITY TO USE THE SERVICES, OR ERRORS, MISTAKES, OR INACCURACIES IN CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE SERVICES, (III) ANY INFRINGEMENT BY THE SERVICES OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD-PARTIES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, (V) ANY ERRORS OR OMISSIONS IN THE SERVICES, IN EACH CASE WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ACCLINATE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
WITHOUT LIMITING THE LIMITATION OF LIABILITY DESCRIBED ABOVE, IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SERVICES.
Without limiting the generality or effect of other provisions of these Terms, as a condition of accessing or using the Services, you agree, at your expense, to indemnify and hold harmless Acclinate and its affiliates, licensors and suppliers, and our and their officers, directors, employees and agents (“Acclinate Parties”), from and against any and all losses, costs, damages, liabilities and expenses (including without limitation attorneys’ fees) in relation to or arising from (i) User Content and Third-Party Content, as the case may be, (ii) your use or inability to use the Services, (iii) your failure to comply with any applicable laws and regulations (including any privacy laws), (iv) your violation of any third-party right, including without limitation any copyright, property or privacy right, or (v) your breach of any obligations set forth in these Terms. You shall not settle any such claim without the written consent of the applicable indemnified party.
For any third-party claim covered under this indemnification provision, we will notify you upon becoming aware of the claim, and you will also defend such claim at your expense if instructed by us to do so. If we or our partners or licensors are obligated to respond to a third-party subpoena or other compulsory legal order or process, you will also reimburse us for reasonable attorneys’ fees, as well as employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at the applicable then-current hourly rates.
These Terms will remain in full force and effect while you use the Services. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms or otherwise create liability for us or any other person. Such actions could include suspending or terminating your rights with respect to the Services, and deleting your NOWINCLUDED Account, with or without notice. If your rights with respect to the Services are suspended or terminated, you agree to make no further use of the Services as directed by Acclinate for the duration of the suspension or indefinitely following termination.
Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Birmingham, Alabama, United States of America, before one arbitrator. If the dispute, claim or controversy exceeds $250,000, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “Rules”), and if not, the arbitration shall be administered by JAMS pursuant to the Rules and in accordance with the Expedited Procedures or similar process set forth in the Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
In any arbitration arising out of or related to these Terms, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
YOU AND ACCLINATE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
YOU AND ACCLINATE EACH HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY FOR DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS, AND THIS WAIVER APPLIES REGARDLESS OF THE TYPE OF DISPUTE, WHETHER PROCEEDING UNDER CLAIMS OF CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER THEORY.
The following additional terms and conditions govern your use of the App should you choose to download it via the Apple App Store (if such downloads are available) or operate it on any device you own or control that runs any Apple mobile operating system, including, but not limited to, iPhone, iPad and iPod touch devices (each, an “Apple Device”). You hereby acknowledge that these Terms are between you and Acclinate, and not Apple, Inc. (“Apple”) and that Acclinate, and not Apple, is solely responsible for the App and content thereof that you downloaded via the Apple App Store and installed on your Apple Device.
Scope of License. Without limiting the other terms and conditions of these Terms, you may only use the App on your Apple Device as permitted by the Usage Rules set forth in the App Store Terms of Service.
Maintenance and Support:Acclinate is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms, or as required under applicable law. Acclinate and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty: The App is provided subject to the disclaimers and limitation of liability sections above. If any warranty is imposed by law in respect of the App and not effectively disclaimed by that section, then in the event of any failure of the App to conform to such warranty, you may notify Apple, and Apple will refund you the purchase price (if any) for the App; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to such warranty will be Acclinate’s sole responsibility.
Product Claims: You acknowledge that Acclinate, not Apple, is responsible for addressing any claim you or any third-party may have relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the App or your possession and/or use of the App infringes that third-party’s intellectual property rights, Acclinate, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, and (iii) you will comply with all relevant U.N. and EU sanctions and embargoes.
Developer Name and Address: Any questions, comments, complaints or claims relating to the App and/or your use of the App must be directed to: Acclinate, 1143 1st Ave. S., Suite 114 Birmingham, AL 35233.
Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and, upon your acceptance of the terms of these Terms, Apple will have the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
You agree that Acclinate is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, pandemics and epidemics, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
These Terms shall be governed by the laws of the state of Alabama without regard to its rules on conflicts or choice of law. These Termsconstitute the sole agreements between you and Acclinate for your use and the provision of the Services and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in these Terms shall bind either you or Acclinate. The section titles in these Terms are for convenience only and have no legal or contractual effect. Should any provision of these Terms be held invalid or unenforceable, such provision will be modified to the extent necessary to render it enforceable without losing its intent or severed from these Terms if no such modification is possible, and other provisions of these Terms will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. These Terms and any rights and licenses granted hereunder, may not be transferred, delegated or assigned by you, but may be assigned, delegated or transferred by Acclinate without restriction. Any attempted assignment, subcontract, delegation or transfer by you in violation of the foregoing will be null and void. These Terms shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. Certain of our licensors and suppliers may be third-party beneficiaries of these Terms and have the right to enforce these Terms against you.
If you have questions, complaints or claims with respect to the Services or these Terms, please contact us using one of the following options:
By e-mail: [email protected]
By phone: 256-435-2800
By mail: 1143 1st Ave. S., Suite 114 Birmingham, AL 35233, Attention: Del Smith
