Terms and Conditions

SLYNGSHOT HEALTH TERMS AND CONDITIONS

Last Updated: August 10, 2018

Thank you for visiting Slyngshot Health (the “Company”).  Please carefully read these Terms and Conditions and the Company’s Privacy Policy located at www.slyngshothealth.com/privacy, which is incorporated into these Terms and Conditions by this reference.  These Terms and Conditions apply to the Company’s website located at www.slyngshothealth.com (the “Website”).

The Website is the property of the Company. By using the Website, you agree to these Terms and Conditions, the Privacy Policy and all applicable laws and regulations.  If you do not agree to these Terms and Conditions, do not use the Website.

The Website is not intended for the use of children under 18 and no such person is authorized to use it.  By using the Website, you are representing that you are at least 18 years old.  You also represent, by accessing or using the Website, that you are of legal age to enter into legal agreements.

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Website following the posting of changes indicates your agreement to and acceptance of the changes.

Privacy and Data Security

Please refer to the Company’s Privacy Policy at www.slyngshothealth.com/privacy for information on the Company’s data practices, including what information it collects, how the information is collected, used, and disclosed, and where the Company’s data processing is located (the United States).  The Privacy Policy is incorporated into these Terms and Conditions by this reference. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them.  Please do not send us any sensitive personal information.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to the Company and is protected by copyright, patent and trademark laws, and various other intellectual property rights.

Except as expressly provided in these Terms and Conditions, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.

Your Use of the Website

In connection with your use of the Website, you agree that you will not:

  • Interfere with or damage the Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • Violate any local, state, provincial, national, or other law or regulation, or any order of a court;
  • Use manual or automated software, devices, scripts robots, or other means or processes, including automated scripts, to collect information or otherwise interact with the Website or to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Website;
  • Use, display, mirror or frame the Website, or any individual element within the Website, the Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the Company’s express written consent;
  • Access, tamper with, or use non-public areas of the Website, the Company’s computer systems, or the technical delivery systems of the Company’s providers;
  • Attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party (including another user) to protect the Website or any of the content on the Website;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or Content; or
  • Advocate, encourage, or assist any third party in doing any of the foregoing.

Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Website and its services is expressly prohibited.

The Company reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Security

While the Company believes and intends that its information security practices reflect good practice, there is no such thing as perfect information security. As such, users assume the risk of security breaches and all consequences resulting from them.

Links to Other Sites

This Website may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under the Company’s control, and the Company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

Disclaimer

THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS, AS AVAILABLE.”  ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.

Waiver

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

Indemnity

You agree to indemnify and hold the Company harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Company by any third party due to or arising out of or in connection with (1) your access to or use of the Website; (2) your violation of these Terms and Conditions or any applicable law or regulation, (3) your violation of any rights of any third party; or (4) any disputes or issues between you and any third party.

Violation of These Terms and Conditions

The Company may disclose any information it has about you (including your identity) if the Company determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the Company’s rights or property, or the rights or property of visitors to or users of the Website. The Company reserves the right at all times to disclose any information that the Company deems necessary to comply with any applicable law, regulation, legal process or governmental request. Company also may disclose your information when the Company determines that applicable law requires or permits such disclosure.

You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if the Company determines that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms and Conditions will cause irreparable harm to the Company for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Florida excluding its conflicts of law principles. Any dispute arising hereunder or relating hereto shall be resolved by binding arbitration in Florida governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms and Conditions, and will be administered by the AAA and decided by a single neutral arbitrator.

Notwithstanding the paragraph above, you agree that nothing herein will be deemed to waive, preclude, or otherwise limit the Company’s rights to (i) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (ii) seek injunctive relief in a U.S. court of law, or (iii) to file suit in a court of law to address intellectual property infringement claims.

To the extent that any lawsuit or court proceeding is permitted under the Terms and Conditions, you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Florida for the purpose of litigating all such disputes.

You agree that any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.  YOU AGREE THAT NO CLASS ACTION MAY BE PURSUED OR MAINTAINED WITH RESPECT TO ANY DISPUTE REGARDING THESE TERMS AND CONDITIONS.

Users Outside of the United States

The Company is a Delaware limited liability company.  Although the Website is accessible worldwide, not all features, or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may preserve these Terms and Conditions in written form by printing it for your records, and you waive any other requirement that these Terms and Conditions be evidenced by a written document. You may not use or export or re-export any Content or any copy or adaptation of such Content in violation of any applicable laws or regulations.

All provisions of these Terms and Conditions are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms and Conditions, together with the Privacy Policy at www.slyngshothealth.com/privacy, and any other legal notices published by the Company constitute the entire agreement between you and the Company with regard to your use of the Website. The Company’s failure to insist on or enforce strict performance of these Terms and Conditions shall not be deemed a waiver by the Company of any provision or any right it has to enforce these Terms and Conditions.  Any such waiver must be in writing in order to be effective.  These Terms and Conditions shall not be interpreted or construed to confer any rights or remedies on any third parties.

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Questions and Contact Information

The Company is located at:

332 S. Michigan Ave, 9th Floor
Chicago IL 60604

Please contact us if you have any questions about our Terms and Conditions. You may contact us by sending correspondence to the foregoing address or by emailing us at contact@slyngshothealth.com.

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