Welcome to the SmartMED mobile application, property of Imaginauts Corp. (referred to hereafter as “we”). You are attempting to (a) install the mobile application (“App”) and/or (b) access the website located at smart-med.net (“Website”) provided by Imaginauts Corp. Together the application and website are to be referred to below as the “Applications”.
3. We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify, suspend or discontinue the Applications; and/or offer opportunities to some or all users of the Applications. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Applications, in whole or in part, or of any service, content, feature or product offered through the Applications (but feel free to let us know your feelings if you so choose).
4. MEDICAL DISCLAIMER; NOT A SUBSTITUTE FOR PROFESSIONAL HEALTHCARE OR ADVICE.
THE APPLICATIONS AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE APPLICATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. YOUR USE OF THE APPLICATIONS IS VOLUNTARY AND AT YOUR SOLE RISK. So use the applications as an extension of yourself, rather than a replacement for responsible action.
THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATIONS IS GENERAL IN NATURE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE. IT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED, AND SHOULD NOT BE USED, TO REPLACE THE ADVICE OF HEALTH CARE PROFESSIONALS. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON THE APPLICATIONS AND THE HEALTH-RELATED INFORMATION AVAILABLE THROUGH THE APPLICATIONS, AND FOR ALL DECISIONS OR ACTIONS RESULTING FROM YOUR USE OF THE APPLICATIONS AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY DECISION TO USE THE SERVICES OF ANY PARTICULAR THIRD-PARTY PROVIDER. IF YOU HAVE SPECIFIC HEALTH CARE NEEDS, OR FOR COMPLETE HEALTH INFORMATION, PLEASE SEE A REGISTERED HEALTH CARE PROVIDER.
YOU AGREE TO ACCURATELY SUBMIT INFORMATION IN A MANNER THAT DIRECTLY IMPLEMENTS THE INSTRUCTIONS OF YOUR HEALTH-CARE PROFESSIONAL AND TO FOLLOW ANY SUBSIDIARY MEDICAL ADVICE AND INSTRUCTIONS THAT ACCOMPANY THEIR ADVICE. YOU ALSO AGREE TO STRICTLY FOLLOW THE DIRECTIVES OF THE PRESCRIPTION AS PROVIDED BY YOUR PHARMACIST AND/OR ANY OTHER QUALIFIED HEALTH CARE PROFESSIONAL.
6. OWNERSHIP OF THE APPLICATIONS
Any logo, trademark, service mark, domain name, or trade name appearing on the Applications, including “SmartMED” or “Imaginauts Corp,” (“Marks”), whether registered or not, are the property of Imaginauts or their respective owners. You may not use any Marks without the expressed written permission of Imaginauts Corp.
8. INFORMATION THAT YOU SUBMIT
You acknowledge and agree that every submission of information through the Applications is accurately represented and warranted in connection with your use of the Applications is and shall remain true, and that you will maintain and update such information regularly. You agree that if any information that you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Applications. You hereby grant to Imaginauts Corp and its service providers and designees a worldwide, non-exclusive, transferable, sub licensable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt, create derivative works of, transmit, in any Applications now known or hereafter developed.
You acknowledge and agree that (a) we reserve the right to do any or all of the following, at our discretion: (i) monitor information submitted; (ii) alter, remove, or refuse to allow information submitted; and/or (iii) disclose any information submitted to third and tertiary parties.
You hereby permanently and irrevocably renounce any proprietary rights to all information submitted using the Applications.
10. LIMITATION OF LIABILITY
IMAGINAUTS CORP AND ITS AFFILIATES MAY NOT BE HELD LIABLE UNDER ANY PROVISION OF THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES, OR FOR ANY OTHER DAMAGES.
11. JURISDICTION AND CHOICE OF LAW CLAUSE
You agree that this Agreement will be governed and shall be interpreted in accordance with the laws of the Canadian province of Ontario, and that the parties shall submit all disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the courts of the Canadian province of Ontario.
You may contact SmartMED at firstname.lastname@example.org with any questions, complaints, or claims regarding the Applications.