Terms of Use
Unless otherwise indicated herein, these Terms of Use (“Terms”) apply to your use and/or access to www.Frontive.com and Frontive Inc.’s (“Frontive,” “we,” “us,” or “our”) services available via Frontive’s website (“Website”) and mobile applications (“Mobile App”), as applicable, which are owned or operated currently or in the future, by Frontive or any of its affiliates, parents, or subsidiaries, as applicable, and your use of and/or access to any content or information and other online or mobile technology, digital tools and other services and products provided by Frontive (together with the “Website” and “Mobile App,” the “Service”).
Please read these Terms carefully before you start to use the Service. By enrolling in or using the Service you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by this reference. IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY THESE TERMS, THEN DO NOT ENROLL IN, ACCESS, BROWSE OR USE THE SERVICE. ADDITIONALLY, FRONTIVE DOES NOT GRANT YOU ANY RIGHT OR LICENSE TO ENROLL IN, ACCESS, BROWSE OR USE THE SERVICE WITHOUT YOUR AGREEMENT AND ABILITY TO BE BOUND BY THESE TERMS.
The Service is offered and available only to users enrolled in the Service through their health care provider and/or health plan, and who are 18 years of age or older, reside in the United States (including any of its territories) or Canada. By using the Service, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not enroll in, access or use the Service.
Changes to the Terms of Use
Frontive may update the Terms at any time in our sole discretion by posting a new version online. You should check this page occasionally to review any changes to these Terms. Any updates made will become effective immediately when we post the revised Terms. Your use of the Services following these changes, or your continued provision of information means that you accept the revised Terms.
Accessing the Services
Frontive reserves the right to withdraw or amend the Service (whether through the Website or by downloading and installing the Mobile App, as applicable), and any service or material we provide through the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
To access the Service or some of the resources the Service offers, you may be asked to provide certain registration details or other information. Your use of the Service is conditioned upon your continued agreement that all of the information you provide is correct, current and complete.
Account Security
You agree that all information you provide to register to use the Service or otherwise, including but not limited to, through the use of any interactive features as part of the Service, is governed by our Privacy Policy, found at https://www.frontive.com/privacy_policy.html, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Service Requirements
To use the Service, you must have Wi-Fi access and a computer (or smartphone) to set up the Alexa and/or Frontive Service. Frontive is not affiliated with Amazon, Inc. in any way, and we make no representations or warranties on Amazon’s behalf. Your use of Alexa is subject at all times to Amazon’s Alexa Terms of Use, available at: https://www.amazon.com/gp/help/customer/display.html?nodeId=201809740.
Intellectual Property Rights
The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Frontive, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on or provided in connection with the Service, except as follows:
Further, you must not modify copies of any materials from the Service; or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of these Terms, your right to use the Service will automatically cease immediately. You may be asked, at our option, to return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or any content thereto is transferred to you, and all rights not expressly granted are reserved by Frontive. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other law.
Trademarks
Frontive’s name, its logo(s), and all related names, logos, product, and service names (e.g. Frontive Health), designs and slogans are trademarks of Frontive or its affiliates or licensors. You must not use such marks without Frontive’s prior written permission. All other names, logos, product and service names, designs and slogans provided with the Service are the trademarks of their respective owners.
Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these Terms. You acknowledge and agree not to use the Service (including, but not limited to):
Additionally, you agree not to:
Without limiting the any of the foregoing, Frontive has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Service. YOU WAIVE AND HOLD HARMLESS FRONTIVE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FRONTIVE OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS OR ANY OTHER INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FRONTIVE OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Reliance on Information Posted
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of any such information. Any reliance you place on such information is strictly at your own risk. Frontive disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Service, or by anyone who may be informed of any of its contents.
Changes to the Service
Frontive may update the Service (including content) from time to time. Notwithstanding the foregoing, Frontive’s Service and/or content is not necessarily complete or up-to-date. Any of the content associated with or a part of the Service, and the Service itself, may be out of date at any given time, and we are under no obligation to make any updates. Users should always follow the latest instructions obtained directly from their healthcare providers and/or health plan.
Information About You and Your Visits to the Website
All information we collect in connection with the Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Links from the Service
If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Frontive has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such third party websites.
Geographic Restrictions
Frontive, the owner of the Service is based in the State of California in the United States. We provide the Service for use only by persons located in the United States and Canada. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States and Canada. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
We Do Not Provide Medical Advice
FRONTIVE DOES NOT PROVIDE MEDICAL SERVICES AND IS NOT ITSELF A HEALTHCARE PROVIDER. THE CONTENT AND SERVICE ARE NOT INTENDED AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER, UNDER ANY CIRCUMSTANCE. DO NOT USE THE CONTENT OR SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911. NOTHING STATED THROUGH ANY CONTENT OR SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE. NO LICENSED MEDICAL PROFESSIONAL - PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE CONTENT OR SERVICE. YOU HEREBY RELEASE FRONTIVE FROM, AND AGREE THAT FRONTIVE SHALL NOT BE LIABLE FOR, ANY CLAIMS OR ACTIONS RELATING TO OR ARISING FROM THE CONTENT OR SERVICE PROVIDED BY FRONTIVE TO YOU.
Disclaimer of Warranties
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE CONTENT AND SERVICE IS AT USER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH USER. THE CONTENT AND SERVICE ARE PROVIDED TO USER “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OF IMPLIED.
FRONTIVE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
FRONTIVE IS NOT RESPONSIBLE FOR ANY DECISIONS MADE AS A RESULT OF THE USE OF THE CONTENT OR SERVICE. FRONTIVE PROVIDES NO WARRANTY OR UNDERTAKING AND MAKES NO REPRESENTATION OF ANY KIND THAT THE CONTENT OR SERVICE WILL MEET USER’S SPECIFIC REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICE, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR THAT THE OPERATION OF THE APPLICATION, CONTENT AND SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
FRONTIVE SHALL NOT BE LIABLE TO USER FOR ANY INOPERABILITY OF THE CONTENT OR SERVICE OR FOR ANY LOSS OF INFORMATION OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND. FRONTIVE SHALL NOT BE RESPONSIBLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES.
USER FURTHER ACKNOWLEDGES THAT THE APPLICATION, CONTENT AND SERVICE ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAY OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE CONTENT AND SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, FINANCIAL OR ENVIRONMENTAL DAMAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FRONTIVE OR AN APPROVED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE CONTENT AND SERVICE PROVE DEFECTIVE, USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, IF APPLICABLE.
Additionally, you understand that Frontive cannot and does not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. FRONTIVE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FRONTIVE OR ITS AFFILIATES, PARENTS OR SUBSIDIARIES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE CONTENT OR SERVICE FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. IF REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL FRONTIVE OR ITS AFFILIATES, PARENTS OR SUBSIDIARIES HAVE LIABILITY FOR ACTUAL DAMAGES IN EXCESS OF $25.00. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR FRONTIVE/USER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend, and hold harmless Frontive, and any parent and/or subsidiaries, and its and their shareholders, owners, officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs and expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of, access to, the content and/or Service, or your breach of these Terms, including, but not limited to, the personal information you submit or make available through the Service.
Limitation of Time to File Claim
Any cause of action or claim you may have arising out of or relating to these Terms or the content or Service must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is forever and permanently barred.
Equitable Relief
User agrees that a material breach of these Terms adversely affecting Frontive including, but not limited to, its intellectual property rights in the Service, may cause irreparable injury to Frontive for which monetary damages would not be an adequate remedy. Accordingly, Frontive shall be entitled to equitable relief (without a requirement to post a bond) in addition to any remedies it may have hereunder or at law.
Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
Governing Law
These Terms and all matters arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Each party irrevocably agrees that any claim brought by it in any way arising out of these Terms must be brought solely and exclusively in state or federal court located in California.
Severability
In the event any one or more of the terms or provisions contained in these Terms shall be declared by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of these Terms or any application thereof shall not in any way be affected or impaired; except that, in such an event, these Terms shall be deemed revised in order to provide the party adversely affected by such declaration with the benefit of its expectation, evidenced by the provision(s) affected by such a declaration, to the maximum extent legally permitted.
Questions or Concerns
Please provide questions or concerns by contacting us at 1-833-376-6848 or at the following:
Frontive, Inc.
Attn: Compliance Department
1901 Avenue of the Stars, Suite 200
Los Angeles, CA 90067
USA
Email: [email protected]
Please read these Terms carefully before you start to use the Service. By enrolling in or using the Service you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by this reference. IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY THESE TERMS, THEN DO NOT ENROLL IN, ACCESS, BROWSE OR USE THE SERVICE. ADDITIONALLY, FRONTIVE DOES NOT GRANT YOU ANY RIGHT OR LICENSE TO ENROLL IN, ACCESS, BROWSE OR USE THE SERVICE WITHOUT YOUR AGREEMENT AND ABILITY TO BE BOUND BY THESE TERMS.
The Service is offered and available only to users enrolled in the Service through their health care provider and/or health plan, and who are 18 years of age or older, reside in the United States (including any of its territories) or Canada. By using the Service, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not enroll in, access or use the Service.
Changes to the Terms of Use
Frontive may update the Terms at any time in our sole discretion by posting a new version online. You should check this page occasionally to review any changes to these Terms. Any updates made will become effective immediately when we post the revised Terms. Your use of the Services following these changes, or your continued provision of information means that you accept the revised Terms.
Accessing the Services
Frontive reserves the right to withdraw or amend the Service (whether through the Website or by downloading and installing the Mobile App, as applicable), and any service or material we provide through the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
To access the Service or some of the resources the Service offers, you may be asked to provide certain registration details or other information. Your use of the Service is conditioned upon your continued agreement that all of the information you provide is correct, current and complete.
Account Security
You agree that all information you provide to register to use the Service or otherwise, including but not limited to, through the use of any interactive features as part of the Service, is governed by our Privacy Policy, found at https://www.frontive.com/privacy_policy.html, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Service Requirements
To use the Service, you must have Wi-Fi access and a computer (or smartphone) to set up the Alexa and/or Frontive Service. Frontive is not affiliated with Amazon, Inc. in any way, and we make no representations or warranties on Amazon’s behalf. Your use of Alexa is subject at all times to Amazon’s Alexa Terms of Use, available at: https://www.amazon.com/gp/help/customer/display.html?nodeId=201809740.
Intellectual Property Rights
The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Frontive, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on or provided in connection with the Service, except as follows:
- Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser.
- You may print one copy of a reasonable number of pages from the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
Further, you must not modify copies of any materials from the Service; or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of these Terms, your right to use the Service will automatically cease immediately. You may be asked, at our option, to return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or any content thereto is transferred to you, and all rights not expressly granted are reserved by Frontive. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other law.
Trademarks
Frontive’s name, its logo(s), and all related names, logos, product, and service names (e.g. Frontive Health), designs and slogans are trademarks of Frontive or its affiliates or licensors. You must not use such marks without Frontive’s prior written permission. All other names, logos, product and service names, designs and slogans provided with the Service are the trademarks of their respective owners.
Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these Terms. You acknowledge and agree not to use the Service (including, but not limited to):
- In any way that violates any applicable federal, state, local or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the United States, Canada or other countries.
- In violation of these Terms.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Frontive or users of the Service or expose them to liability.
Additionally, you agree not to:
- Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material provided through or as part of the Service.
- Use any manual process to monitor or copy any of the material provided through or as part of the Service or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Service.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service or use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service.
- Otherwise attempt to interfere with the proper working of the Service.
Without limiting the any of the foregoing, Frontive has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Service. YOU WAIVE AND HOLD HARMLESS FRONTIVE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FRONTIVE OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS OR ANY OTHER INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FRONTIVE OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Reliance on Information Posted
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of any such information. Any reliance you place on such information is strictly at your own risk. Frontive disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Service, or by anyone who may be informed of any of its contents.
Changes to the Service
Frontive may update the Service (including content) from time to time. Notwithstanding the foregoing, Frontive’s Service and/or content is not necessarily complete or up-to-date. Any of the content associated with or a part of the Service, and the Service itself, may be out of date at any given time, and we are under no obligation to make any updates. Users should always follow the latest instructions obtained directly from their healthcare providers and/or health plan.
Information About You and Your Visits to the Website
All information we collect in connection with the Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Links from the Service
If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Frontive has no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such third party websites.
Geographic Restrictions
Frontive, the owner of the Service is based in the State of California in the United States. We provide the Service for use only by persons located in the United States and Canada. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States and Canada. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
We Do Not Provide Medical Advice
FRONTIVE DOES NOT PROVIDE MEDICAL SERVICES AND IS NOT ITSELF A HEALTHCARE PROVIDER. THE CONTENT AND SERVICE ARE NOT INTENDED AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER, UNDER ANY CIRCUMSTANCE. DO NOT USE THE CONTENT OR SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911. NOTHING STATED THROUGH ANY CONTENT OR SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE. NO LICENSED MEDICAL PROFESSIONAL - PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE CONTENT OR SERVICE. YOU HEREBY RELEASE FRONTIVE FROM, AND AGREE THAT FRONTIVE SHALL NOT BE LIABLE FOR, ANY CLAIMS OR ACTIONS RELATING TO OR ARISING FROM THE CONTENT OR SERVICE PROVIDED BY FRONTIVE TO YOU.
Disclaimer of Warranties
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE CONTENT AND SERVICE IS AT USER’S SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH USER. THE CONTENT AND SERVICE ARE PROVIDED TO USER “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OF IMPLIED.
FRONTIVE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
FRONTIVE IS NOT RESPONSIBLE FOR ANY DECISIONS MADE AS A RESULT OF THE USE OF THE CONTENT OR SERVICE. FRONTIVE PROVIDES NO WARRANTY OR UNDERTAKING AND MAKES NO REPRESENTATION OF ANY KIND THAT THE CONTENT OR SERVICE WILL MEET USER’S SPECIFIC REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICE, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR THAT THE OPERATION OF THE APPLICATION, CONTENT AND SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
FRONTIVE SHALL NOT BE LIABLE TO USER FOR ANY INOPERABILITY OF THE CONTENT OR SERVICE OR FOR ANY LOSS OF INFORMATION OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND. FRONTIVE SHALL NOT BE RESPONSIBLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES.
USER FURTHER ACKNOWLEDGES THAT THE APPLICATION, CONTENT AND SERVICE ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAY OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE CONTENT AND SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, FINANCIAL OR ENVIRONMENTAL DAMAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FRONTIVE OR AN APPROVED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE CONTENT AND SERVICE PROVE DEFECTIVE, USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, IF APPLICABLE.
Additionally, you understand that Frontive cannot and does not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. FRONTIVE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FRONTIVE OR ITS AFFILIATES, PARENTS OR SUBSIDIARIES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE CONTENT OR SERVICE FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. IF REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL FRONTIVE OR ITS AFFILIATES, PARENTS OR SUBSIDIARIES HAVE LIABILITY FOR ACTUAL DAMAGES IN EXCESS OF $25.00. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR FRONTIVE/USER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend, and hold harmless Frontive, and any parent and/or subsidiaries, and its and their shareholders, owners, officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs and expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of, access to, the content and/or Service, or your breach of these Terms, including, but not limited to, the personal information you submit or make available through the Service.
Limitation of Time to File Claim
Any cause of action or claim you may have arising out of or relating to these Terms or the content or Service must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is forever and permanently barred.
Equitable Relief
User agrees that a material breach of these Terms adversely affecting Frontive including, but not limited to, its intellectual property rights in the Service, may cause irreparable injury to Frontive for which monetary damages would not be an adequate remedy. Accordingly, Frontive shall be entitled to equitable relief (without a requirement to post a bond) in addition to any remedies it may have hereunder or at law.
Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
Governing Law
These Terms and all matters arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Each party irrevocably agrees that any claim brought by it in any way arising out of these Terms must be brought solely and exclusively in state or federal court located in California.
Severability
In the event any one or more of the terms or provisions contained in these Terms shall be declared by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of these Terms or any application thereof shall not in any way be affected or impaired; except that, in such an event, these Terms shall be deemed revised in order to provide the party adversely affected by such declaration with the benefit of its expectation, evidenced by the provision(s) affected by such a declaration, to the maximum extent legally permitted.
Questions or Concerns
Please provide questions or concerns by contacting us at 1-833-376-6848 or at the following:
Frontive, Inc.
Attn: Compliance Department
1901 Avenue of the Stars, Suite 200
Los Angeles, CA 90067
USA
Email: [email protected]
