You must accept these Terms to create a GeoPain account and to access or use the GeoPain Service. If you do not have an account, you accept these Terms by using any part of the GeoPain Service. If you do not accept these Terms, do not create an account or use the GeoPain Service.
Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the GeoPain Service.
Full use of the GeoPain Service requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password. You are responsible for all activity that occurs in association with your account. The Company is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact the Company if you discover or suspect any security breach related to the GeoPain Service or your account.
Full use of the GeoPain Service is dependent upon your use of a supported mobile device, or a computer with adequate software, and Internet access. The maintenance and security of this equipment may influence the performance of the GeoPain Service and it is your responsibility to ensure the equipment’s functionality and security.
The GeoPain Service is intended for your personal, non-commercial use.
The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the GeoPain Service, (2) access and view content included in the GeoPain Service, and (3) access and use the software and mobile applications provided by the GeoPain Service. This license is provided solely for your personal, non-commercial use and enjoyment of the GeoPain Service as permitted in these Terms. Commercial licenses are required, and available, if the GeoPain Service is used for any commercial purposes including, but not limited to: product marketing or development, clinical assessment or diagnosis, funded research studies, or risk assessment. If you would like to obtain a commercial license please contact the MoxyTech administrative team. (firstname.lastname@example.org)
You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the GeoPain Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in these Terms.
We are not obligated to monitor your access or use of the GeoPain Service, but we have the right to do so for the purpose of operating the GeoPain Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.
We reserve the right (but are not required) to remove or disable access to the GeoPain Service at any time and without notice, and at our sole discretion, if we determine that your use of the GeoPain Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the GeoPain Service, and in response may take any action we may deem appropriate.
If you rely on any information in the GeoPain Service, you do so solely at your own risk.
Our goal is to provide helpful and accurate information on the GeoPain Service, but we make no endorsement, representation, or warranty of any kind about any GeoPain content, information, or services.
The information in the GeoPain Service is provided for informational purposes only and is not intended or recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider regarding any medical condition or treatment.
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, and distribute them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by the Company, or obtained from sources other than you.
As part of your use of the GeoPain Service, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the GeoPain Service by using app settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
The Company may change or discontinue, temporarily or permanently, any feature or component of the GeoPain Service at any time without notice. The Company is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of the GeoPain Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by by GeoPain Service without prior notice to you.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the GeoPain Service, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove your personal data and other information related to your account. You may close your account at any time by contacting the Company.
THE GEOPAIN SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE GEOPAIN SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the GeoPain Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the GeoPain Service.
You will indemnify and hold harmless the Company or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the GeoPain Service, (ii) GeoPain information, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
NEITHER THE COMPANY, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE GEOPAIN SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GEOPAIN SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GEOPAIN SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE GEOPAIN SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Michigan without regard to its conflict of laws principles.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between The Company and you regarding the GeoPain Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between The Company and you regarding the GeoPain Service.
We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the GeoPain Service. When you use the GeoPain Service after a modification becomes effective, you are telling us that you accept the modified Terms.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without The Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. The Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by The Company under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the GeoPain Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
The Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of The Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.