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Terms Of Use

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EFFECTIVE AS OF NOVEMBER 25, 2020

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These Terms of Use (these “Terms”) are between the creators and operators (“we”, “our” or “us”) of www.asthmaplatform.com and the individual web pages accessible from it (collectively, the “Website”) and you concerning your use of the Website.

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By using (including accessing) the Website you acknowledge that you agree to be bound by these Terms.

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PLEASE NOTE THAT THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

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Terms of Use

EFFECTIVE AS OF NOVEMBER 25, 2020

 

1.Scope of these Terms.

1.1 Disclaimer of medical or healthcare services.

You understand that we are not acting as a healthcare professional and that we do not provide medical, health or other professional services or advice, nor do we verify the accuracy of information that you provide to the Website. We are not replacements for proper medical care, and you agree that you are solely responsible for obtaining proper treatment for your health conditions.

 

1.2 Additional Terms.

In addition to these Terms, any other terms and conditions that we post or make available through the Website, or otherwise make available to you, apply to your use of the Website and are incorporated into and made a part of these Terms.

 

1.3 Geographic Scope

The Website is intended to be used by individuals located in the United States.

 

2. Changes to these Terms. 

We can change these Terms at any time without limitation by posting a notice of new terms to our Website. Your continued use of the Website after any such change is acceptance of the new terms. If you do not agree with the new terms, you have the right to discontinue your use of the Website.

 

3. Your Responsibilities.

You are solely responsible for each computer or device you use to access our Website, including providing and maintaining properly running compatible updated software, a suitable internet connection, and an appropriate firewall and virus scanning software.

 

4. User Terms

4.1 Rights Granted.

By accepting these Terms, and until we amend or modify these Terms, suspend or terminate the Website, or suspend or terminate your access to the Website, we grant you the personal, limited and nonexclusive right to use the Website for your personal noncommercial use, in accordance with these Terms.

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We, and the third parties from which we may license certain content on the Website (“licensors”) own all right, title and interest to the Website; the information, artwork and other content available through or at the Website; the processes, methodologies, documents and other materials we use to provide the Website or that we provide to you in connection with your use of the Website; and all patent, copyright, trademark, trade secret, and other rights of any nature arising from or relating in any way to the Website (“Intellectual Property Rights”).

You agree to abide by the requirements in all notices of Intellectual Property Rights presented to you by us. We and our licensors reserve all Intellectual Property Rights, and no rights are granted to you except for the limited license set forth in this Section 4.1. Trademarks, service marks, trade dress, logos, names and other symbols identifying us, and the goodwill relating thereto, are owned by us and our licensors. You may not remove or alter any notice provided by us on or in connection with the Website.

 

4.2 Third Party License Terms.

From time to time, we may provide data or other items through the Website licensed to us by third parties. Your use of such third-party items is subject to the provisions of these Terms, except as required otherwise by the applicable licensor. You must comply with the additional license provisions required by vendors of such third-party items posted by us on the Website or which we otherwise provide or make available to you, as they are amended by us from time to time. The version of such license provisions that is applicable to your use is incorporated into and made a part of these Terms.

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4.3 Acceptable Use

You will not, and you will not permit anyone under your control to, do or attempt to do any of the following:

  • use the Website to harm, threaten, or harass any person or organization;

  • use the Website for commercial purposes or to benefit any third party;

  • damage, disable, overburden, interfere with or impair the Website (or any network or device connected to the Website);

  • enable unauthorized third-party applications to access the Website;

  • sublicense or transfer any of your rights under these Terms;

  • modify, copy or make derivative works based on the Website;

  • reverse engineer or derive the source code for the Website, except to the extent such restriction is expressly prohibited by applicable law;

  • create Internet “links” to or from the Website or “frame” or “mirror” any content which forms part of the Website;

  • use any automated process or service (such as a bot, a spider, or periodic caching of information) to access or use the Website, or to copy or scrape data from the Website;

  • otherwise use the Website in any manner that exceeds the scope of use granted to you in these Terms; or

  • use unauthorized software or hardware to access the Website or to modify the Website in any unauthorized way.

In the event that you violate the terms of this Section 4.3, or in any other way misuse the Website, we reserve the right to take any necessary effort to block or terminate your access to the Website, or any other remedy available to us under applicable law.

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4.4 Feedback.

From time to time, we may request, and you may choose to provide written or verbal feedback, suggestions, comments, or input to us relating to the Website, the information presented on the Website, or other opportunities for our existing or future activities (“Feedback”). By providing Feedback to us, you grant to us the worldwide, nonexclusive, unrestricted, perpetual, irrevocable (on any basis whatsoever), royalty free right for us to use such Feedback in any way we determine, including through third parties, without any obligation to you for compensation, attribution, accounting or otherwise. You will only provide to us Feedback for which you have the right to grant to us the rights listed in the preceding sentence and waive confidentiality over Feedback.

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4.5 Privacy.

Any personal information that we receive about you is voluntarily provided by you and collected with your consent. It may include your name, contact details, information that you provide in response to surveys or questionnaires posted on the Website, and information about the browser and/or device that you use to interact with the Website. We collect this information to provide the services presented through the Website, to contact you (with your consent) about products or offerings that we may provide in the future, to improve and customize the user experience that you encounter when you use the Website, and to improve the performance and functionality of the Website generally.

More information about how we interact with your personal information is available in our Privacy Notice, which forms an integral part of these Terms. If you have any questions about how we interact with personal information, please send us an email at leo@asthmaplatform.com.

 

5. Suspension and Termination

We may suspend or terminate the Website, or, to the extent that we are able to do so, suspend or terminate your right to use the Website, as it determines for any valid reason.

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6. Disputes and Governing Law

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6.1 Governing Law and Arbitration

Except to the extent prohibited by applicable law, the terms of these Terms are governed by the laws of the State of California, U.S.A., without regard to its principles of conflicts of law and regardless of your location.

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TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY (EACH, A “DISPUTE”), WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU FURTHER AGREE THAT CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND THAT YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

 

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available here), as amended by these Terms. The arbitrator will conduct hearings, if any, by teleconference or video conference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

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Some jurisdictions outside the United States may not allow for arbitration of certain Disputes in certain circumstances. To the extent that you are a resident of such jurisdiction, and this arbitration provision is found to be unenforceable by a court within such jurisdiction in connection with a Dispute between you and us, such Dispute will instead, to the extent permitted by applicable law, be resolved exclusively in the federal and state courts located in San Diego, California, and you and us each waive any jurisdictional, venue or inconvenient forum objections to such courts.

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6.2 Notice of Dispute

In the event of a dispute arising under or relating to these Terms, the disputing party must provide the other party with written notice of the dispute, including the facts giving rise to the dispute and the relief sought by the disputing party. We will provide such notice by email to your email address. You will provide such notice to us by email to leo@asthmaplatform.com.

 

6.3 Equitable Relief

Any violation of a party’s intellectual or industrial property rights will cause the non-violating party irreparable harm for which monetary damages are an inadequate remedy, and the non-violating party is entitled to temporary, preliminary and permanent injunctive relief and specific performance without the posting of bond or other security, or if required, the minimum bond or security required.

 

7. No Warranties

7.1 EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, THE WEBSITE IS PRESENTED “AS-IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.

 

7.2 NO INFORMATION OR COMMUNICATIONS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE WEBSITE OR ANY OTHER COMMUNICATION RECEIVED FROM US WILL CREATE ANY WARRANTY

 

7.3 WE DO NOT ASSUME ANY OBLIGATION TO, AND DO NOT WARRANT THAT WE WILL, CREATE OR INCLUDE ADDITIONAL FEATURES OR FUNCTIONALITY FOR THE WEBSITE.

 

7.4 IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ITS USE.

 

8. Liability Limitations and Your Responsibility

8.1 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, LICENSORS, SUPPLIERS OR OTHER THIRD PARTIES WITH WHICH WE HAVE A CONTRACTUAL RELATIONSHIP (INCLUDING THE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS OF ANY OF THE FOREGOING) HAVE ANY LIABILITY WHATSOEVER ARISING FROM OR RELATING TO THE WEBSITE OR THESE TERMS, WHETHER FOR DIRECT OR ANY OTHER TYPE OF DAMAGES WHATSOEVER, INCLUDING ANY CONSEQUENTIAL, UNFORESEEABLE, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOSS OF DATA OR BUSINESS INTERRUPTION. TO THE EXTENT THAT SUCH LIMITATIONS ARE PROHIBITED UNDER APPLICABLE LAW, NEITHER WE NOR OUR REPRESENTATIVES SHALL BE LIABLE FOR TOTAL DAMAGES FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE WEBSITE IN AN AGGREGATE AMOUNT GREATER THAN $100.

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8.2 Indemnification.

Except to the extent prohibited under applicable law, you agree to indemnify, defend and hold us and our affiliates, licensors, suppliers and other parties to whom we have a contractual relationship (including the officers, directors, employees, consultants, and agents of each) harmless from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (1) any information you submit, post or transmit through the Website, (2) your use of the Website, (3) your violation of these Terms, or (4) your violation of any rights of any other person or entity.

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9. Notices; Questions or Complaints.

Except as expressly provided elsewhere in these Terms, we will provide any notice under these Terms by email to your email address. You will provide any notice under these Terms to us (or contact us regarding any question or complaint) by emailing leo@asthmaplatform.com.

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10. Severability.

In the event that any court holds any provision of these Terms to be void, invalid or unenforceable, such provision will be modified to the minimum extent necessary to be effective, valid and enforceable while preserving the original intentions of the parties to the greatest extent possible, and the other provisions of these Terms will remain in full force and effect and enforceable according to their terms.

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11. Assignment.

We may assign these Terms in whole or in part at any time without notice (except to the extent such notice is mandatory under applicable law, in which case such notice may be made via a posting to our Website). You may not assign these Terms or transfer any rights to use the Website to any third-party under any circumstances.

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12. Relationship; No Third-Party Beneficiaries.

Our relationship with you is as an independent contractor, and nothing in these Terms creates an agency or partnership. There are no third-party beneficiaries to these Terms.

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13. Complete Agreement.

These Terms are the complete and final agreement between the parties relating to the Website; supersedes any prior agreements or communications between the parties; and may only be modified as described in these Terms (see Section 2.1 (titled “Changes to these Terms”)). Failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.

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14. Copyright Infringement Claims.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send us a written notice by mail or by e-mail requesting that we remove such material or block access to it.

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Notices must be sent in writing to at leo@asthmaplatform.com.

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Contact us

If you have any questions about this Notice please, send us an email at leo@asthmaplatform.com.

 

Version

This Privacy Notice is dated November 25, 2020.

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