Disclaimer of Warranties
You expressly agree that use of the Services is at your sole risk and discretion. The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Services in terms of their correctness, accuracy, reliability, or otherwise. Company shall have no liability for any interruptions, errors, computer viruses or other harmful components in the use of the Services. Company DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SERVICES AND THE INFORMATION PROVIDED ON OR THROUGH THE SAME, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE SERVICES. COMPANY DOES NOT WARRANT THAT THE SERVICES OR ANY CONTENT OR INFORMATION ACCESSED THROUGH THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations of Liability
IN NO EVENT SHALL COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO ANY USE OF THE SERVICES OR THE INFORMATION CONTAINED IN THE SAME, OR THE INABILITY TO USE THE SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF COMPANY
OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, Company’s liability is limited to the greatest extent permitted by law.
You may have the option to create an account to participate in certain features of the Services. If you are under the age of 18, you are not permitted to register as a user or otherwise submit personal information to Company. If you create an account, you agree to provide, maintain and update true, accurate, current, and complete information about yourself in the registration process. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify Company with any questions of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Services.
User Data and Content
User Data shall include (a) your data collected, used, processed, stored, or generated as a result of the use of the Services; and (b) personally identifiable information collected, used, processed, stored, or generated as the result of the use of the Services, including, without limitation, any information that identifies you, such as your social security number or other government-issued identification number, date of birth, address, telephone number, biometric data, mother’s maiden name, email address, or an individual’s name in combination with any of the other elements listed herein. User Data is and shall remain your sole and exclusive property. Notwithstanding the foregoing, by using the Services, you hereby grant to Company a non-exclusive, worldwide, royalty-free license to use any User Data that is necessary to provide the Services in accordance with this Agreement. Company shall not use, sell, rent, transfer, distribute, or otherwise disclose or make available User Data for Company’s own purposes or for the benefit of anyone other than you without your prior written consent. However, you agree and acknowledge that Company does have the right to use User Data solely when any resulting information derived from User Data is “de-identified” as that term is defined in the Health Insurance Portability and Accountability Act of 1996, as amended (collectively with the Health Information Technology for Economic and Clinical Health Act of 2009, “HIPAA”), including patient, facility and geographic identifiers smaller than the state level.
Company is not responsible or liable for any content submitted, transmitted, posted, or uploaded on, to, or through the Services by or at the behest of you or your agents or representatives, including, without limitation, messages, documents, text, notes, qualifications, contact information, illustrations, files, images, graphics, photographs, comments, reviews, sounds, music, videos, information, content, and/or other materials (“User Content”), and Company makes no warranty with regard to the accuracy, truthfulness, completeness, currency, correctness or reliability of any User Content, and you acknowledge and agree that Company has no control over the content of any User Content or representations made by any user of the Services. All User Content is provided by users of the Services and not Company, and Company does not warrant, and is and shall not be responsible for, User Content. User Content does not express the views of Company. Company does not guarantee that it will monitor, edit or delete User Content. Company has the right, but not the obligation, to monitor User Content. Company reserves the right to reveal your identity (or whatever information Company knows about you) if a complaint or legal action arises from your behavior. Unless otherwise specified, Company does not claim ownership of the User Content. You acknowledge that Company is not responsible for the accuracy of any User Content and that you and not Company are solely responsible for any User Content you submit, post or upload in connection with your use of the Services. The User Content is not intended to, nor does it constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. You acknowledge that Company provides the Services for your personal use only. You may not rely on any information and opinions expressed or encountered by you as a result of your use of the Services for any other purpose. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Services content or otherwise encountered by you as a result of your use of the Services. Under no circumstances will Company be liable for any loss or damage caused by your reliance on any Services content or any content that you view, access, or come across in connection with your use of the Services. By posting or uploading User Content in connection with your use of the Services, you are granting Company permission to use the User Content in connection with the Services. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion.
Warranty and Indemnification
infringement or violation by you, or other user of the Services using your computer and/or Services account, of any privacy, intellectual property, or any other right of any person or entity. You will cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such matter without Company’s written consent.
Compliance with Laws and Prohibited Uses
Submission of Information
Although Company may provide certain reasonable security efforts to protect the electronic transmission of certain information that you submit to Company through the Services, Company does not guarantee the security of any information transmitted to, through, or in connection with the use of the Services, including to or from any third-party websites linked to the Services. Submission of any financial (e.g. credit card) or other information in connection with your use of the Services, or to any third-party websites linked to the Services, is entirely at your own risk and responsibility.
Restrictions on Use by Minors
If you are under 18, you may not use the Services. The Services are not intended or designed to attract children under the age of 13. Company does not collect personally identifiable information from any person Company actually knows is a child under the age of 13.
Discontinuance of Services
Modifications and Interruption to Service
Company will in good faith endeavor to provide uninterrupted access to the Services, but you acknowledge and accept that Company does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Services may be interfered with or adversely affected by numerous factors or circumstances outside of Company’s control.
Third Parties and Third-Party Sites
If there is a dispute between persons accessing Services or between persons accessing the Services and any third party, you understand and agree that Company is under no obligation to become involved. If there is such a dispute, you hereby release Company and its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, sponsors and service providers from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
Governing Jurisdiction of the Courts of Tennessee