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End User License Agreement

 

I’M HOME!® End User License Agreement and Terms of Use


Version: 1.3
Effective: May 2017

 


THE I’M HOME!® SOFTWARE AS A SERVICE ONLINE AND MOBILE APPLICATION AND RELATED CONTENT AND SERVICES ARE PROVIDED SUBJECT TO THIS AGREEMENT AND TERMS OF USE. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR USE OF THE SERVICES WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT AND TERMS OF USE.


This Agreement is in addition to any other agreement you may have with Ceras Health, including any agreement governing the purchase or use of Ceras Health products or services by you or your use of the Services in connection with a Ceras Health customer (“Customer”).

By accepting this Agreement, by accessing or using the Service, or authorizing or permitting any agent or End-User to access or use the Service, YOU AGREE to be bound by this Agreement and the I’M HOME!® Privacy Policy (“Privacy Policy”), which is incorporated herein by reference, that YOU ACCEPT and are subject to this Agreement and the Privacy Policy, and that Ceras Health is permitted to collect and process information through the Services as set forth below and in accordance with the Privacy Policy. If you breach any terms of this Agreement, your authorization to use the Service shall automatically terminate.

If You DO NOT AGREE or do not wish to be bound by this Agreement, do not access or use the Service, and select the “Not Accept” or similar button during account registration, terminate the download and/or installation process, immediately cease and refrain from accessing or using the Service, and delete any copies You may have. If you DO NOT AGREE to the terms of this Agreement, We will not license the Service to You and You cannot register as an End User.



The Company licenses use of the Service to you on the basis of this Agreement and subject to any rules or policies applied by any application store provider, such as but not limited to the App Store® or Google Play™, or by incorporated Third Party software providers (“Third Party Rules”). We do not sell the Service to You. Ceras Health remains the owners of the Service at all times.


If you violate any of these limitations or restrictions, the license will automatically and immediately terminate. Any attempt to violate any of the above restrictions is a violation of the rights of Ceras Health and its licensors and considered a material breach of this Agreement. If you breach this restriction, then you may be subject to prosecution and/or damages.

You acknowledge and agree that, notwithstanding anything to the contrary in this Agreement, no license is granted (whether expressly, by implication, or otherwise) under this Agreement to any materials by Ceras Health that you did not acquire lawfully or that you acquired in violation of or in a manner inconsistent with this Agreement.






TO THE EXTENT COUPONS OR DISCOUNT DEALS FOR THE PURCHASE OF MEDICATIONS ARE PROVIDED VIA THE SERVICE, YOU AGREE AND ACKNOWLEDGE THAT SUCH CONTENT IS SOLELY FOR THE PURPOSE OF FACILITATING THE FULFILLMENT OF PRESCRIPTIONS AND THAT NO RECOMMENDATION IS MADE BY CERAS HEALTH REGARDING THE FITNESS OR APPROPRIATENESS OF SUCH MEDICATION FOR YOUR SPECIFIC MEDICAL CONDITION(S). YOU ACKNOWLEDGE AND AGREE THAT THE DECISION REGARDING THE USE OF MEDICATION IS MADE SOLELY BY YOU IN CONSULTATION WITH YOUR PROVIDER(S).

THE SERVICE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” CERAS HEALTH MAKES NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CERAS HEALTH HEREBY DISCLAIMS ALL SUCH WARRANTIES, WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. CERAS HEALTH DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE FOREGOING WILL BE CORRECTED.

CERAS HEALTH CANNOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE OR THIRD PARTY MATERIALS (EITHER DIRECTLY OR THROUGH THIRD PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. CERAS HEALTH MAKES NO WARRANTIES ABOUT THE AVAILABILITY OF CELLULAR OR INTERNET NETWORKS OR THE ADEQUATE RECEIPT OF MESSAGES THROUGH THE SERVICE, EXCEPT THAT CERAS HEALTH SHALL TAKE REASONABLE STEPS TO ENSURE DELIVERY OF SUCH MESSAGES TO YOU. CERAS HEALTH MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS OF FUNCTIONS OF THE SERVICE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION EXCEPT AS EXPRESSLY SET FORTH HEREIN OR THE PRIVACY POLICY. CERAS HEALTH DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICE IS FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. CERAS HEALTH SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICE. YOU USE THE SERVICE AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CERAS HEALTH SHALL CREATE A WARRANTY. CERAS HEALTH IS UNDER NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT OR UPGRADES FOR THE SERVICE UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

THE SERVICES MAY BE PROVIDED WITH THIRD PARTY PLUG-INS OR OTHER THIRD PARTY SOFTWARE, OR THE SERVICE MAY BE PROVIDED AS A PLUG-IN FOR, OR OTHERWISE IN ASSOCIATION WITH, THIRD PARTY SOFTWARE. USE OF ANY SUCH THIRD PARTY SOFTWARE WILL BE GOVERNED BY THE APPLICABLE LICENSE AGREEMENT, IF ANY, WITH SUCH THIRD PARTY. CERAS HEALTH IS NOT RESPONSIBLE FOR ANY THIRD PARTY SOFTWARE OR HARDWARE AND WILL HAVE NO LIABILITY OF ANY KIND FOR YOUR USE OF SUCH THIRD PARTY SOFTWARE OR HARDWARE AND MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO SUCH THIRD PARTY SOFTWARE OR HARDWARE.

COPYING, DOWNLOADING, INSTALLING, UPLOADING, ACCESSING OR USING THE SERVICE EXCEPT AS PERMITTED BY THIS AGREEMENT, IS UNAUTHORIZED AND CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT AND AN INFRINGEMENT OF THE COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS IN THE SERVICE AND MAY SUBJECT YOU TO LIABILITY FOR DAMAGES OR CRIMINAL PENALTIES.

CERAS HEALTH CANNOT AND SHALL NOT BE LIABLE FOR ANY DEFAULT OR DELAY IN ITS OBLIGATIONS UNDER THIS AGREEMENT IF SUCH DEFAULT OR DELAY IS DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF CERAS HEALTH, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO ANY ACT OF GOD, EXTREME WEATHER OR NATURAL DISASTER, FIRE, WAR, TERRORISM, RIOT, CIVIL COMMOTION, MALICIOUS DAMAGE, LEGISLATION, STRIKES OR DISRUPTION TO THE INTERNET (“FORCE MAJEURE”).



Ceras Health, Inc.
ATTN: Legal Department
1460 Broadway
New York, NY 10036
Email: legal@cerashealth.com

If we have to contact you or give you notice in writing, we will do so by email to the address you provided to us or your Provider when creating your personal user account necessary for the Service.