We reserve the right to withdraw or amend the Site, and any material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable for any period. From time to time, we may restrict access to some parts of the Site or the entire Site.
We may update these Terms from time to time without notice to you. You are responsible for periodically reviewing these Terms for applicable changes. Your use of the Site after posting by us of any changes to these Terms constitutes your acceptance to those changes. If you do not agree with or do not consent to the Terms (as they may be amended from time to time), or are dissatisfied with the Site or any changes to the Site, your sole and exclusive remedy is to discontinue using the Site.
You must be at least 18 years of age to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Site; and (c) your use of the Site is in compliance with all applicable laws and regulations. If you are accessing the Site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
You are granted a non-exclusive, non-transferable, revocable right to access the Site via an industry-standard web browser and use the Site strictly in accordance with this Agreement and solely for your personal, informational, non-commercial use. The use of this Site for commercial purposes is expressly prohibited without our prior written consent.
Nothing on the Site, including any such guidance, constitutes medical, health care, or other professional advice, and you should contact a health care professional for detailed information about medical conditions and treatment that may apply to you. All recommendations, practices, procedures, response plans, or other guidance on the Site is provided for general informational purposes only, and may not be appropriate or suitable for you and may not satisfy any or all laws, rules, regulations or industry, professional or contractual requirements applicable to you. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE SUITABILITY OF ANY SUCH GUIDANCE FOR YOU AND YOUR CIRCUMSTANCES. IT IS NOT NECESSARILY ACCURATE, COMPLETE, OR APPROPRIATE FOR YOUR CIRCUMSTANCES.
The Site is not intended for audiences outside of the United States and the Site may contain references to Imperative Care products, programs and services that are not available in countries outside of the United States. Such references do not imply that we intend to make such products, programs or services available in other countries or that such products may lawfully be used in or imported into other countries. We reserve the right, without prior notice, to discontinue or change products, programs and services at any time without incurring any obligations to any party.
You agree not to use the Site for any fraudulent or illegal purpose or in violation of any local, state, national, or international law. You agree not to attempt to interfere with or circumvent a security-related feature of the Site. You also agree not to interfere with the operation of the Site or any user’s enjoyment of the Site. You agree not to frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without our express prior written consent. You agree not to use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Imperative Care grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Imperative Care reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
The Site and the contents of the Site, including but not limited to text, graphics, images, design, data, computer code (including source code and object code) and organization, are protected under copyright, trademark, and other proprietary and intellectual property rights. Copying, reproduction, distribution, preparation of derivative works, public display, or publication by you of any such matters or any part of the Site, except as expressly allowed by this Agreement or another agreement between you and Imperative Care, is prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. You are advised that Imperative Care will enforce its intellectual property rights to the full extent of the law.
We will not be required to treat any such submitted content, in whole or in part, as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services, or operations.
ALL INFORMATION, CONTENT, AND DOCUMENTS AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” IMPERATIVE CARE MAKES NO REPRESENTATOIN OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE SITE OR THE CONTENT AVAILABLE ON THE SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IMPERATIVE CARE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. IMPERATIVE CARE DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, CONTENT OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL IMPERATIVE CARE OR ANY OF OUR CORPORATE AFFILIATES, SUBSIDIARIES, PARENT COMPANY, EMPLOYEES, OFFICERS, DIRECTORS OR OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATED PARTIES”) BE LIABLE (i) FOR ANY LOSSES WHICH WERE NOT REASONABLY FORSEEABLE AT THE TIME OF ENTERING INTO THIS AGREEMENT, OR (ii) FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND, OR FOR LOST PROFITS OR SAVINGS, OR LOSS OF BUSINESS, ARISING OUT OF OR RELATED TO THIS AGREEMENT. THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF IMPERATIVE CARE OR OUR AFFILIATED PARTIES WERE ADVISED OR KNEW OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OR CAUSE OF ACTION, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. Some states do not allow the limitation of liability, so this provision may not apply to you.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF IMPERATIVE CARE AND OUR AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THIS AGREEMENT SHALL NOT EXCEED U.S. $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
To the fullest extent permitted under applicable law, you agree, at your own expense, to indemnify, defend, and hold harmless Imperative Care and our Affiliated Parties from any judgment, liability, loss, claim, demand, suit, and expense, including but not limited to reasonable attorney’s fees, related to, incurred in, or arising from your violation of this Agreement or use of the Site.
These Terms are governed by the laws of the State of California without regard to any of its conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Imperative Care agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the purpose of litigating any dispute. If you are a consumer located in the EU, such jurisdiction of the Santa Clara County courts will be non-exclusive. We operate the Site from our offices in California, and we make no representation that content included in the Site is appropriate or available for use in other locations.
YOU AND IMPERATIVE CARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the Site, its content, or these Terms more than one (1) year after such claim or cause of action arose.
If any provision of the Agreement shall be unlawful, void, or for a reason unenforceable, then that provisions shall be deemed severable from the Agreement and shall not affect the validity or enforceability of any remaining provision.
Imperative Care may deliver notice to you by electronic mail, a general notice on this website, or by written communication delivered by First Class U.S. Mail to your address on record with Imperative Care. You may give notice to Imperative Care or submit questions by e-mail via the contact information provided on the Site. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The U.S. 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 you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to us a written notice by mail, e-mail or fax, requesting that we remove such material or block access to it. 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. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Imperative Care to the contact information provided on the Site. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
These Terms are the entire agreement between you and Imperative Care relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Imperative Care relating to such subject matter.