TERMS AND CONDITIONS OF SERVICE
- “Individual-Level Information” means information about a single individual sufficient to identify that individual, which may be, but which is not necessarily tied to, Registration Information.
- “ProveIt!” means – Prove It!, L.L.C., d/b/a ProveIt!.
- “Personal Information” includes the following types of information:
- “Registration Information” means information you provide about yourself when registering for and/or purchasing Services (e.g., name, email, address, user ID and password, and payment information, as applicable).
- “Self-Reported Information” means all information about yourself that you enter into surveys, forms, or features while signed in to your ProveIt! account, including health-related information and other information.
- “Web Behavior Information” means information on how you use the ProveIt! website and mobile application (e.g., browser type domains, page views) collected through log files, cookies, and web beacon technology.
- “Service” or “Services” means ProveIt!’s products, software, mobile application, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
- User’s Acknowledgment and Acceptance of Terms
Your use of ProveIt!’s Services is subject to the terms of the legal agreement between you and ProveIt! set forth in these Terms and Conditions of Service (“TOS”). Except as specified herein, these TOS apply to use of the Services. In order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by either clicking to accept or agree to the TOS, where the option is made available to you by ProveIt! for any Service, or by actually using the Services. By either clicking to accept or agree to the TOS or actually using the Services, you shall be subject to any guidelines or rules applicable to such Services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. ProveIt! may also offer different services from time to time that are governed by different terms and services.
You may not use the Services and may not accept the TOS if (1) you are not of legal age to form a binding contract with ProveIt! or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are a resident or from which you use the Services.
- Description of the Services
The Services include access to ProveIt! products, software, app, and website, including any text, graphics, images, and any other material and information contained therein. Unless explicitly stated otherwise, each and every new feature that augments or enhances the current Services shall be subject to the TOS. You acknowledge and agree that the Services are provided AS-IS and are based on the current state of research and technology in use by ProveIt! at the time of use or viewing. As research progresses and scientific knowledge and technology evolve, ProveIt! is constantly innovating in order to provide the best experience for users. You acknowledge and agree that the form and nature of the Services which ProveIt! provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that ProveIt! may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at ProveIt!’s sole discretion, without prior notice to you. ProveIt! assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms. In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. Except as otherwise expressly provided for herein, you are solely responsible for providing such equipment. You acknowledge and agree that while ProveIt! may not currently have set a fixed upper limit on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by ProveIt! at any time, at ProveIt!’s discretion.
- Risks and Considerations Regarding ProveIt!’s Services
ProveIt!’s Services are for research, informational, and educational use only. We do not provide medical advice. The information provided by ProveIt! is for research, informational, and educational use only. Many of the discoveries that ProveIt! reports have not been clinically validated, and the technology ProveIt! uses to date has not been widely used for clinical testing. The Services are not intended to be used by you for any diagnostic purpose and are not a substitute for professional medical advice. ProveIt! does not endorse, warranty, or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, medical devices or other products, procedures, opinions, or other information that may be mentioned in connection with the Services, including but not limited to on ProveIt!’s website and mobile application(s). If ProveIt! provides any recommendations in connection with the Services, that information is intended for informational purposes only. ProveIt! believes that only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors. Reliance on any information provided by ProveIt!, ProveIt! employees, others appearing on ProveIt!’s website or mobile application at the invitation of ProveIt!, or other visitors to ProveIt!’s website is solely at your own risk.
- User Representations
By accessing ProveIt! Services, you agree to, acknowledge, and represent as follows:
- You understand that information you learn from ProveIt! is not designed to independently diagnose, prevent, or treat any condition or disease or, as applicable, to ascertain the state of your patients’ health in the absence of medical and clinical information. You understand that the ProveIt! services are intended for research, informational, and educational purposes only, and that while ProveIt! information might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by additional medical and clinical testing and information.
- You understand that all your information provided by you on ProveIt!’s website or mobile application in connection with the Services will be stored in ProveIt! databases and will be processed in accordance with the ProveIt! Privacy Statement.
- Waiver of Property Rights: You understand that by providing information to ProveIt!’s website or mobile application, you acquire no rights in any research or commercial products that may be developed by ProveIt! or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your provision of information to ProveIt!’s website or mobile application.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations, ProveIt! has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify ProveIt! and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
- Payment of Fees
If you subscribe to a Service that requires payment of a fee, you agree to pay all fees associated with such Service. You agree to provide ProveIt! with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide ProveIt! with any changes in such information within ten (10) days of the change. If, for any reason, your payment for the Service is not timely, you agree that ProveIt! may, at its option in ProveIt!’s sole discretion, suspend or terminate your subscription to the Service and that ProveIt! may charge a fee for reinstatement of suspended or terminated accounts. You agree that until your subscription to the Service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the Service. In the event legal action is necessary to collect on balances due, you agree to reimburse ProveIt! for all expenses incurred to recover sums due, including reasonable attorney fees and other legal expenses.
- Account Creation, Customer Account, Password, and Security Obligations
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if ProveIt! has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, ProveIt! has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). After you have purchased ProveIt!’s Service or been provided access to ProveIt!’s Service through a medical provider, you will create a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access ProveIt!’s website or mobile application through your username and password, you will defend and indemnify ProveIt! and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify ProveIt! of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ProveIt! cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
- ProveIt! Privacy Statement and Disclosure of Information
In order to use the Services, you must first acknowledge and agree to the Privacy Statement. You may not use the Services if you do not accept the Privacy Statement. You can acknowledge and agree to the Privacy Statement by (1) clicking to accept or agree to the Privacy Statement, where this option is made available to you by ProveIt! for any Service; or by (2) actually using the Services. You acknowledge and agree that ProveIt! has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. ProveIt!’s Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the ProveIt! Services or other systems. If you have given consent for your Individual-Level Information to be used in ProveIt! Research, ProveIt! may disclose your Individual-Level Information to third parties for the purpose of publication in a peer-reviewed scientific journal. If you have provided consent, ProveIt! may also disclose your Individual-Level Information to third-party non-profit and/or commercial research partners who will not publish that information in a peer-reviewed scientific journal. ProveIt! Research may be sponsored by, conducted on behalf of, or in collaboration with third parties, such as non-profit foundations, academic institutions or pharmaceutical companies. ProveIt! Research may study a specific group or population, identify potential areas or targets for curbing the Opiod Crisis, conduct or support the development of devices to diagnose, predict, or treat medical or other health conditions, work with public, private and/or non-profit entities on Opiod Crisis prevention, or otherwise create, commercialize, and apply this new knowledge to improve health care. You acknowledge and agree that ProveIt! is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that ProveIt! may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the ProveIt! TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ProveIt!, its employees, its users, its clients, and the public. In the event of items (a) through (d) above, we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks, or devices. Finally, ProveIt! may, in its sole discretion, restrict access to the website for any reason. Please refer to ProveIt!’s Privacy Statement to read about data protection related to your information. See ProveIt!’s complete Privacy Statement here.
- Customer Conduct; Unlawful and Prohibited Use
As a condition of your use of the Services, you warrant to ProveIt! that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You agree not to use the Services to (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with ProveIt!, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) “stalk” or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) use any information received through the Services to attempt to identify other customers, to contact other customers (other than through features for contacting other users offered pursuant to the Services), or for any forensic use; (7) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (8) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of ProveIt! or any other party; (9) harm minors in any way; (10) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (11) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (12) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by ProveIt!; (14) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of ProveIt!’s website; (15) attempt to or actually override any security component of ProveIt! web services; (16) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (17) violate these TOS, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with ProveIt!; or (18) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law. You acknowledge and agree that you are solely responsible for (and that ProveIt! has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which ProveIt! may suffer) of any such breach. In case of breach of any one of these agreements, ProveIt! has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify ProveIt! and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
- Material Posted through the Service
ProveIt! does not guarantee the accuracy, integrity, or quality of any non-ProveIt! content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will ProveIt! be liable in any way for any non-ProveIt! content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services. You acknowledge that ProveIt! and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. Without limiting the foregoing, ProveIt! and its designees shall have the right to remove any content that violates the TOS or is deemed by ProveIt!, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
- Material Provided to ProveIt!; Your Proprietary Rights
You understand that you should not expect any financial benefit from ProveIt! as a result of having your Personal Information processed, made available to you, or, as provided in ProveIt!’s Privacy Statement and Terms of Service, shared with research partners, including commercial partners. Waiver of Property Rights. As stated above, you understand that by having your Personal Information processed, accessing your Personal Information, or providing Personal Information, you acquire no rights in any research or commercial products that may be developed by ProveIt! or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Personal Information.
You agree to defend and hold ProveIt!, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
- No Resale of Service
Unless otherwise agreed in a separate agreement between you and ProveIt!, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
- General Practices Regarding Use and Storage
You acknowledge that ProveIt! may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum space that will be allotted on ProveIt!’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that ProveIt! has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that ProveIt! reserves the right to change these general practices and limits in its sole discretion.
- Modifications to Service
ProveIt! reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay for some of the ProveIt! features or Services, and (ii) ProveIt! shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. The Services that you use may from time to time automatically download and install updates from ProveIt!. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit ProveIt! to deliver these to you) as part of your use of the Services. You acknowledge that ProveIt! may offer different or additional technologies or features to collect and/or interpret information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features without fee, and that you may have to pay additional fees in order to have information collected, processed, and/or interpreted using any future or additional technologies or features.
The TOS will continue to apply until terminated by either you or ProveIt!. ProveIt! may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS); (2) ProveIt! is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) ProveIt! is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (4) the provision of the Services to you by ProveIt! is, in ProveIt!’s opinion, no longer commercially viable. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that ProveIt! shall not be liable to you or any third party for any termination of your access to the Services.
- Survival of Terms
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and ProveIt! have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of those sections shall continue to apply to such rights, obligations, and liabilities indefinitely.
- Dealings with Information Providers and Listed Resources
Your correspondence or business dealings with—or participation in promotions of—information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that ProveIt! shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
- Hyperlinks and the ProveIt! Website
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because ProveIt! has no control over such sites and resources, you acknowledge and agree that ProveIt! is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ProveIt! shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
- ProveIt!’s Proprietary Rights
You acknowledge and agree that ProveIt! owns all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by ProveIt! and that you shall not disclose such information without ProveIt!’s prior written consent. You further acknowledge and agree that the Services, which includes any necessary software used in connection with the Services (the “Software”), contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by ProveIt!, you agree not to—and not to permit anyone else to—modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of ProveIt! and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. Dr. – Prove It!, L.L.C., ProveIt!, and other ProveIt! logos and product and service names are trademarks of ProveIt! and these marks together with any other ProveIt! trade names, service marks, logos, domain names, and other distinctive brand features are the “ProveIt! Marks.” Unless you have agreed otherwise in writing with ProveIt!, nothing in the TOS gives you a right to use any ProveIt! Marks and you agree not to display, or use in any manner, ProveIt! Marks. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by ProveIt!, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in any way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos. For any Software not accompanied by a License Agreement, ProveIt! grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer or device at any one time. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by ProveIt!, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ProveIt!, in the manner permitted by the TOS. Unless ProveIt! has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by ProveIt! for use in accessing the Service. Any rights not expressly granted herein are reserved.
- Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROVEIT! EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) PROVEIT! MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROVEIT! OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. PROVEIT! DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, PROVEIT! SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
- Limitation of Liability
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PROVEIT! SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROVEIT! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
Notices to you may be made via either email or regular mail. ProveIt! may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Services.
Official notices related to this TOS must be sent to ProveIt! at:
Dr. – Prove It!, L.L.C., d/b/a ProveIt!
ATTN: Stephanie Ortega
6010 W. Spring Creek Parkway
Plano, Texas 75024
Any notices that you provide without compliance with this section on Notices shall have no legal effect.
- Changes to the Terms of Service
ProveIt! may make changes to the TOS from time to time. When these changes are made, ProveIt! will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services. You acknowledge and agree that if you use the Services after the date on which the TOS have changed, ProveIt! will treat your use as acceptance of the updated TOS.
- Violation or Suspected Violation of the Terms of Service
If you violate the terms of these TOS and/or ProveIt! has a reasonable ground to suspect that you have violated the terms of these TOS, ProveIt! has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
- Applicable law and arbitration.Except for any disputes relating to intellectual property rights, obligations, or any infringement claims, any disputes with ProveIt! arising out of or relating to the Agreement (“Disputes”) shall be governed by Texas law regardless of your country of origin or where you access ProveIt!, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.
- Waiver. The failure of ProveIt! to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
- Section titles.The section titles in the TOS are for convenience only and have no legal or contractual effect.
- Severability Clause.If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
- Amendments. ProveIt! reserves the right to modify, supplement, or replace the terms of the Agreement, effective upon posting on the website or mobile application or notifying you otherwise.
- Assignment:You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. ProveIt! may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you.
*Last Modified: November 30, 2017.