Terms and Conditions of Use

THE FOLLOWING TERMS OF USE AND AGREEMENT (“TERMS OF USE”, "AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY SUGGESTIC, INC. (“SUGGESTIC”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SUGGESTIC SERVICE (“SERVICES"). BY USING THE SERVICE IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WANT TO BE BOUND BY THIS AGREEMENT DO NOT USE THE SERVICE. BY AGREEING TO THIS TERMS OF SERVICE YOU ARE ALSO REPRESENTING THAT YOU ARE OF THE APPROPRIATE LEGAL AGE TO ENTER INTO SUCH AN AGREEMENT.


The Service

The Service is intended solely as a tool to assist you in understanding and managing wellness related information, including research references. You should exercise caution when reading the Service content and always consult with your health care provider if you have any questions related to your health. You should not modify your treatment or medications without consulting with your health care provider. The Service is not intended to provide health or medical advice or diagnostics or treatments or replace your health care provider recommendations. The Service does not provide second opinions. This Service is not intended to replace your consultation with a health care provider. You should never disregard medical advice or delay seeking medical advice or treatment because something you read on the Service. The Service is not intended to and does not create any patient relationship between you and Suggestic. The Service does not include the provisioning of health care. Suggestic does not employ or contract physicians to provide health care or to practice medicine.
You understand and agree that in providing the Service Suggestic rely on a number of third party providers, including for the purpose of sending you notifications and hereby disclaim any liability with respect to the services provided by such providers and any content provider.
You should not use this Service for medical emergencies. You should not rely on the Service for any life-threatening conditions or any other situations where treatment is critical. You should call 911 immediately if you think you are having a medical emergency.


Use of Information

If you create, transmit, submit, display or otherwise make available information while using the Service, you may provide only information that you own or have the right to use. When you provide access to any such information through the Service, you give Suggestic permission and license to fully use and exploit that information in connection with providing you the Service. Provided, Suggestic may only use the information you provide as permitted by the Suggestic Privacy Policy, and applicable laws.


No Medical Advice or Second Opinions

The Service is not intended to provide health or medical advice or diagnostics or treatments or replace your health care provider recommendations. The Service does not provide second opinions. This Service is not intended to replace your consultation with a health care provider. You should never disregard medical advice or delay seeking medical advice or treatment because something you read on the Service. The Service is not intended to and does not create any patient relationship between you and Suggestic. The Service does not include the provisioning of health care.You are solely responsible for any decisions or actions you take based on the information and materials available through the Service. Reliance on any information provided by the Service or in connection with the Service is solely at your own risk.
You should not use this Service for medical emergencies. You should not rely on the Service for any life-threatening conditions or any other situations where treatment is critical. You should call 911 immediately if you think you are having a medical emergency.


Third Party Services and Sharing of Personal Information

The Service may provide you with links to, or contact information for, third party sites or services. Suggestic is not responsible for, and does not endorse, any third-party content, sites, or services including, without limitation, any health care providers, products, tests, procedures, services, opinions, or web sites accessed or mentioned on the Service.


Termination

Suggestic may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Use. This may result in the forfeiture and destruction of all information associated with your membership and will immediately terminate your ability to use the Service in any way. If you wish to terminate your account, you may do so by ceasing use of the Service, and deleting the App. All provisions of the Terms of Use shall survive termination, including, without limitation, warranty disclaimers, indemnity, limitations of liability and dispute resolution.


Indemnity

You agree to defend, indemnify and hold harmless Suggestic and its affiliates, employees, contractors, directors, representatives and suppliers from all liabilities, claims, losses and expenses, including reasonable attorney fees, costs, damages, and expenses Suggestic incurs in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your Account violates any applicable law or regulation, or the rights of any third party or that arise from or relate to (i) your use or misuse of, or access to, the Service, or (ii) your violation of the Terms of Use or any applicable law, contract, policy, regulation or other obligation. Suggestic reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Suggestic in connection therewith.


Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY THE LAW, SUGGESTIC TOTAL LIABILITY (AND ITS DIRECTORS, EMPLOYEES, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR LICENSORS AGENTS)TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CLAIM, IF YOU HAVE MADE ANY PAYMENTS TO SUGGESTIC OR TEN DOLLARS, IF YOU HAVE NOT MADE ANY PAYMENTS TO SUGGESTIC, AS APPLICABLE. SUGGESTIC WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) FOR YOUR RELIANCE ON THE SERVICE (ii) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iv) ANY CONTENT OBTAINED FROM THE SERVICE; AND (v) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.


Disclaimer of Liability and Warranties

YOU ASSUMES ALL RISK FOR SELECTION AND USE OF THE SERVICE AND CONTENT PROVIDED THEREON. SUGGESTIC SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE SERVICE OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY.
YOU ACKNOWLEDGE THAT SUGGESTIC: (i) HAS NO CONTROL OF OR RESPONSIBILITY FOR YOUR USE OF THE SERVICE OR CONTENT PROVIDED THEREON, (ii) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE THE SERVICE OR CONTENT PROVIDED THEREON MAY BE USED BY YOU, (iii) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE SERVICE AND (iv) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE SERVICE BY PERSONS OTHER THAN SUGGESTIC.
YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. EXCEPT FOR WARRANTIES WHICH MAY NOT BE DISCLAIMED AS A MATTER OF LAW, SUGGESTIC AND ITS AFFILIATES MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR NATURE OF THE CONTENT OF THE SERVICE WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.


Dispute Resolution

You and Suggestic agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes. The prevailing party in the arbitration (or permissible court action described below) shall be entitled to receive reimbursement of its reasonable expenses incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in the Northern District of California.


Assignment, Notifications and Contact Information

You understand Suggestic may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect.
All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery to the address below:

SUGGESTIC INC.
201 Spear Street, Suite 1100, San Francisco, CA
[email protected]
415-426-3506