1. ZIGNIFICA Does Not Provide Medical Advice The contents of the Zignifica Prototype Application and website, such as text, graphics, images, information obtained from Zignifica, and other material contained on the Zignifica website, or Prototype application (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always read the full papers your self and make your own judgment and evaluation. Always seek advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Zignifica Prototype application or website. If you think you may have a medical emergency, call your doctor or 911 immediately. Zignifica does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in or by Zignifica. Reliance on any information provided by Zignifica, Zignifica employees, others appearing on the Site and application at the invitation of Zignifica, or other visitors to the Site or application is solely at your own risk. Zignifica may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Prototype application and website. Nothing in these terms and conditions or information or impression obtained by using the Zignifica Prototype application and website will: (a) limit or exclude the healthcare providers liability for death or personal injury resulting from negligence; (b) limit or exclude the providers liability for fraud or fraudulent misrepresentation; (c) limit any of the providers liabilities in any way that is not permitted under applicable law; or (d) exclude any of the providers liabilities that may not be excluded under applicable law.
2. Eligible for Access Zignifica LLC reserves sole discretion to determine if an individual is eligible for using the Zignifica Prototype. To set up an account a designated Zignifica employer must approve you. By using the app or website, you agree to and will abide by all of the terms and conditions of this Agreement.
3. Registration & Account Security In consideration of your use of the Zignifica Prototype application you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the website (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Zignifica , to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any and all actions that take place using your account.
4. Copyright All content on the Zignifica Prototype application and website including designs, text, graphics, pictures, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”) are the sole proprietary property of Zignifica LLC. and protected by copyright unless otherwise indicated. You do not have the right to share, change, copy, reproduce, republish, upload, download, or sell in any form or by any means, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Zignifica Prototype application or website, of any of the Site Content without Zignifica LLC’s prior written consent as they are protected under applicable copyright laws and treaty provisions (including but not limited to applicable intellectual property laws). We respect the intellectual property rights of others and we prohibit users from posting or otherwise transmitting on the app or website any materials that violate another party’s intellectual property rights. When we become aware of alleged copyright infringement, we will promptly remove or disable access to the allegedly infringing material. If you believe that any material on the website infringes upon any copyright which you own or control, you may send a written notification of such infringement to Zignifica LLC.
6. User Conduct It is our goal to make the use of the Zignifica Prototype and website a good experience for all. You are responsible for all activity occurring through your account and you agree that you shall abide by all applicable local, provincial/state, national and foreign laws, treaties and regulations in connection with the use of the app and site, including those related to data privacy, intellectual property, copyright, international communications and the transmission of technical or personal data. In the event that you suspect a breach of security, including without limitation any unauthorized access of your account, you will notify Zignifica LLC. as soon as possible. As a user of the Zignifica Prototype application you agree to provide feed-back to Zignifica LLC. regarding your use of and user experience of the app, and agree that employees or persons appointed by Zignifica LLC may contacting you regarding your use and experience of the app. You may not access the Zignifica Prototype application or site for any benchmarking or competitive purposes such as monitoring its availability, performance or functionality. You may not resell, redistribute, or put to any commercial use, any content or information from this app or site. You may not use the Zignifica prototype application and website and the information obtained for there to any illegal activity, and you may not alter, systematically collect or upload any content without the written consent from Zignifica LLC. Conversations must be held with respect for others and in a proper language, and you may not harass and intimidate other persons. Violation of this is decided by Zignifica LLC employees alone, and will lead to immediate termination for the violators account. The decision made by Zignifica LLC and its employers cannot be appealed or lead to any legal claims against Zignifica LLC or others. You may not made any changes to the Zignifica prototype app and website, and may not make any changes or actions that may directly or indirectly lead inflict, have any impact on, or alter the function of the Zignifica app and website. Any such actions will lead Zignifica LLC to take legal action against the person or persons causing such damage. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the app or website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain any unlawful material.
7. Third Party Content Zignifica LLC can not be held responsible or liable for any content, information ,statements, or advice from third parties. There is content available on and through the site from third parties, including providers of medical papers and from other users, which Zignifica LLC. has no editorial control over. Any such content, are those of the respective individual or company alone, and not of Zignifica LLC. Zignifica LLC. is not responsible or liable in any manner for any third party content posted on the app or website or in connection with the website, whether posted or caused by users of the website, by Zignifica LLC, by third parties or by any of the equipment or programming associated with or utilized in the prototype app and website. Zignifica is not responsible for the conduct, whether in the app, online or offline, of any user of the app or website. It is therefor your responsibility to evaluate any content available on the site for accuracy, reliability, completeness or usefulness. The app and website will post links to published papers and reports from the medical literature and research. Inclusion of a link does not imply approval or endorsement of the linked Content and Zignifica LLC. is not responsible for the content, accuracy or opinions expressed in such content. If you decide to access this third-party content, you do so at your own risk. We do not warranty or guarantee the accuracy, completeness, adequacy or currency of the Content. Your use of the Content on this app or site or of any Content linked to from, or otherwise made available through, this app or site (including without limitation any content or other materials accessed through a publisher website, “open access” website, or other third party source) is at your own risk, and no license or right is granted hereunder with respect to any such materials. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.
8. Intellectual Property Rights You agree that the Content, the Zignifica prototype app and the site are protected by applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws, all of which belong to Zignifica LLC, its licensors or the applicable rights holders of the particular materials. You are responsible for compliance with all applicable laws.
9. Indemnification You agree to indemnify and hold Zignifica LLC. and its parent organizations, subsidiaries and affiliates, and each of their directors, officers, agents, consultants, contractors, partners, employees, suppliers and sponsors, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with: (i) your use of the Site or Services, including any Content you submit thereto (except to the extent prohibited by law); (ii) your violation of these Terms of Service; (iii) your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services.
10. Disclaimer of Warranties and Limits of Liability OU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE ZIGNIFICA PROTOTYPE APPLICATION AND WEBSITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES All conditions, representation and warranties, whether express, implied, statutory or otherwise, including without limitation any implied warranty of suitability for a particular purpose or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by ZIGNIFICA LLC. ZIGNIFICA AND ITS PARENT ORGANIZATIONS, SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONSULTANTS, CONTRACTORS, PARTNERS, EMPLOYEES, SUPPLIERS AND SPONSORS DO NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE APP OR WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE APP, WEBSITE OR ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE APP, WEBSITE AND ALL CONTENT ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE APP OR WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY INJURY OR DAMAGE TO YOUR OR TO ANY PERSON’S COMPUTER, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF THE WEBSITE, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. THE WEBSITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. IN NO EVENT SHALL ZIGNIFICA AND ITS PARENT ORGANIZATIONS, SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONSULTANTS, CONTRACTORS, PARTNERS, EMPLOYEES, SUPPLIERS AND SPONSORS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, INCIDENTAL OR EXEMPLARY DAMAGES OF ANY TYPE OR KIND, INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, INCLUDING FOR ANY CONTENT OBTAINED THROUGH THE SERVICE, ANY ERROR, OMISSION, INTERRUPTION, DELETION, INACCURACY, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OR EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT THE WEBSITE OR COMBINATION THEREOF, EVEN IF ZIGNIFICA HAS BEEN PREVIOUSLY ADVISED OF SUCH DAMAGES OR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL ZIGNIFICA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE TO ANY USER CONTENT OR PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE APP, WEBSITE OR ANY USER CONTENT POSTED ON OR THROUGH THE WEBSITE OR TRANSMITTED TO USERS, OR ANY INTERACTION BETWEEN USERS OF THE APP OR WEBSITE, WHETHER ONLINE OR OFFLINE EVEN IF ZIGNIFICA HAS BEEN PREVIOUSLY ADVISED OF SUCH DAMAGES OR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by ZIGNIFICA LLC .
12. Termination The Zignifica Prototype application is a test version of a future application. The test period is set to end at a defined date available at the Zignifica website, however Zignifica LLC reserves the right to end the test on its sole discretion and without further information to its users. Zignifica LLC. reserves the right at any time and in its sole discretion to revoke a user’s right to access the app or site and/or to close down and delete the account and/or any content or information that you have posted on the site. In the event that Zignifica exercises this right, it will not be required to provide notice to the affected user. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES. 13. Force Majeure Zignifica LLCshall not be liable for any failure or unavailability of the app or site as a result of the loss or destruction of data, the deletion or corruption of storage media, power failures, unavailability of suppliers or any other event beyond its control. 14. Invalidity If any one or more of the provisions contained in the Agreement should be determined to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of the Agreement shall not in any way be affected or impaired thereby.
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