Terms of Use

Please read these Terms of Use carefully before using the Evidence Based Medical Apps LLC (“EBMapps”) website, ebmapps.com, or the associated mobile applications, and the services, features, content and applications offered therein (the “Services”). These Terms of Use set forth legally binding terms and conditions for your use of the site and the services provided by EBMapps.

APPLICATION OF THESE TERMS

The Terms of Use set forth herein shall apply to any of your uses of Services and shall survive in the event that you terminate your relationship with EBMapps or terminate your web access.

You represent that you have properly identified yourself by entering your own name and personal identifiers when registering for the Services, and not those of any other person.

You are responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access and use Services (“EBMapps Software”). Minimum systems requirements apply to the use of EBMapps Software and you are responsible for ensuring that your computer systems and mobile devices comply with these requirements. You are responsible for management of your information, including back-up and restoration of data and erasing data from disk space you control. You are also responsible for development and maintenance of any security procedures we deem appropriate, such as creation of logon passwords and other security features.

The Services may contain third party links provided by EBMapps only as a convenience to its users. Any web sites or mobile apps linked to or from the Services are not reviewed, controlled, or examined by EBMapps and EBMapps is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any linked sites or content from the Services does not imply endorsement of the linked site or content by EBMapps. In no event shall EBMapps be liable for any damage arising from or caused, directly or indirectly, by the creation or use of a third party web site or application, or the information or material accessed through such web sites or applications.

INTELLECTUAL PROPERTY RIGHTS

All title and intellectual property rights (including copyrights, patents, trademarks and trade secrets) in and to the Services (including related software and any images, photographs, animations, video, audio, music, text and “applets,” incorporated into the software, and any copies of the software), are owned by EBMapps, its affiliates or suppliers. All title and intellectual property rights in and to the information and content which may be accessed through use of the Services are the property of the respective content owners and may be protected by intellectual property laws and treaties. These Terms of Use do not grant you any specific rights to use such content, nor does it grant any rights to the Services other than the right to use the Services according to the terms of your subscription or user agreement.

LIMITATION OF LIABILITY

The ebmapps.com site is intended an informational guide to making lifestyle choices that may affect various medical conditions, such as diabetes, hypertension, or other conditions affected by lifestyle choices. You understand and agree that the health information and other content appearing in the Services or developed with your input is for informational purposes only. While the information provided on this site is believed to be complete and comports with currently accepted medical guidelines for any purpose to which it applies, EBMapps does not make and hereby disclaims any warranties, express or implied, as to the reliability, accuracy, timeliness, usefulness or completeness of any content appearing on the website. The information provided is not a substitute for professional health care and is not meant to replace the advice of a health care professional. Only your medical professional can determine the right course of treatment for you and determine what is safe, appropriate and effective based on your needs. You should see your healthcare provider for any medical condition. This site is not meant to diagnose or treat and medical condition. Consult your physician before taking any drug, changing your diet, starting or stopping any course of treatment or starting a new fitness regimen.

In no event shall EBMapps, nor our directors, employees, members, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services (i) for any change in the health status of any user of the Services; (ii) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising); (iii) for any computer bugs, viruses, malware, or the like (regardless of the source of origination); or (iv) for any direct damages. The Services are available to users at their own risk.

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York. You agree that any legal action or proceeding between EBMapps and you for any purpose concerning these Terms of Use or your web access or any obligations of you or EBMapps hereunder shall be brought exclusively in a court of competent jurisdiction sitting in New York County, New York.

NO WAIVER

EBMapps’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. The course of conduct between you and EBMapps shall not act to modify any provision of these Terms of Use.

ASSIGNMENT

EBMapps may assign its rights and duties hereunder to any third party at any time without notice to you. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the site or by sending you notice through the services, via e-mail or by another appropriate means of electronic communication. Your continued use of the site or services following notification of any changes to these Terms of Use constitutes acceptance of those changes.

NOTICES

We may deliver notice to you concerning these Terms of Use by means of electronic mail, by a general notice posted on the website, or by written communication delivered by first-class U.S. mail to your address on record in our files.

INDEMNIFICATION

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, violation of these Terms of Use, or infringement by you, or any third party using your identity in the services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

SURVIVAL

If any part of these Terms of Use are held invalid or unenforceable by a court or factfinder of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Terms of Use, and the remaining portions shall remain in full force and effect.