Terms of Use

Last Updated Effective April 27, 2020

Introduction

The website and/or mobile application (including all subsidiary webpages and access to any optimized version via a wireless device, collectively the “Site”) from which these Terms of Use are linked are owned and controlled by Bluemorph Health Solutions, LLC and all our current and future subsidiaries, affiliates, successors and assigns (collectively referred to as “Bluemorph Health Solutions,” "we," "us," or similar terms) and may be operated with the assistance of third parties. Your use of this Site constitutes your agreement to these Terms of Use. “You,” “your,” visitor,” or “user” means the individual accessing this Site.

We may change these Terms of Use at any time. By using this Site you agree to the most current version of the Terms of Use and any and all future changes. We encourage you to visit this page periodically to review the Terms of Use.  There may be additional terms and conditions applicable for your use of certain of our products or services.  To the extent those terms and conditions are more specific or conflict with these general Terms of Use, the more specific terms and conditions will apply to those products and services.

Content and Limits on Use

We provide this Site as a service to our visitors. Unless otherwise noted, all Site content and functionality, including images, illustrations, designs, icons, photographs, video clips, software, and written and other content that are part of this Site, including all copyright, trademark, patent, and any other intellectual property rights therein (collectively, the "content") is owned or licensed by us.

When you download or print a copy of the content you must include all copyright, trademark, and other notices that appear within the Site, including the copyright notice on the bottom of the page. No right, title or interest in any downloaded or copied content is transferred to you as a result of any such downloading or copying or any other use.  If you believe any content appearing on the Site, whether posted by us or by another visitor, violates the copyright or other proprietary rights of a third party please notify us immediately, specifically identifying the content in question and the web page on which it appears, as well as the true copyright owner and any supporting information, and we will take appropriate action.

User Comments, Feedback And Other Submissions

All comments, feedback, ideas, and other submissions provided to us or on through the Site or through any other method submitted or offered in connection with the Site or any of our products or services, such as by email, telephone, at our stores, or by mail (collectively, the "comments") are and shall be and remain our sole and exclusive, including all copyright or other intellectual property rights therein. Providing your comments to us constitutes an assignment to us of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the comments. In the event applicable law prohibits such assignment of the intellectual property rights in the comments, you hereby grant us an exclusive, perpetual, royalty-free, worldwide, license to use, copy, distribute, modify, sublicense, assign, and create derivative works involving the comments. All comments are deemed non-confidential, and we are not under any obligation to reply to any comments. You grant us the right to use your name in connection with the submitted comments and in connection with all advertising, marketing and promotional activity.

Rules for Using the Site and Any of Our Products or Services

By accessing or using the Site or any of our products or services, you agree that:

Site Access

We may discontinue all or part of this Site at any time. We may block or limit your access to this Site if for any reason, including if we believe that you have or are violating these Terms of Use.

Links

This Site may contain links to websites operated by other entities, or display information or content regarding products or services offered by others. These other websites and other entities are not under our control, and we are not responsible for the content available on any other websites linked to this Site or any action or inaction of any third party. We do not endorse or warrant the goods or services of any third party. You may visit other linked websites or engage in business with any third party at your own risk.

Contest; Promotions

Any sweepstakes, contests, surveys, or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms and Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy.

Privacy

Please review our Privacy Policy to understand our privacy practices. By using this Site, you also agree to the most-recent version of the Privacy Policy. We may change the Privacy Policy at any time, and such changes will be posted on the Privacy Policy page or a similar page of the Site.

Warranty Disclaimer

ALL CONTENT ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. BLUEMORPH HEALTH SOLUTIONS EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT ON THIS SITE, ALTHOUGH WE MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. USE OF THE SITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE. BLUEMORPH HEALTH SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES. YOU FURTHER ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES OR ANY KIND RELATED TO YOUR USE OF THIS SITE.

Copyright Complaints

If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please contact us.

Limit of Liability

BLUEMORPH HEALTH SOLUTIONS AND ITS LICENSORS AND VENDORS ARE NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE AND ALL CONTENT IS TO STOP USING THE SITE AND CONTENT. IN ADDITION, IF FOR ANY REASON ALL OR PART OF THE FOREGOING LIMITATIONS ARE DEEMED INVALID, OUR MAXIMUM AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THIS SITE SHALL BE ONE HUNDRED DOLLARS ($100.00). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Miscellaneous

Unless otherwise specified, this Site and the content thereof are displayed solely for the purpose of promoting our products and services.  This Agreement shall be construed in accordance with the laws of the State of Delaware without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Delaware. You agree and submit to the jurisdiction and venue of such courts.  You agree that in the event you have or may have any alleged claim against Bluemorph Health Solutions or any of our vendors or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms of Use and that you are not eligible to receive, and shall not seek, and you agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of these Terms of Use, including attorneys’ fees. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to any failure by you or to others to comply with these Terms of Use does not waive our right to act with respect to subsequent or similar failures.

OUR CONTACT INFORMATION

If you have questions or comments about these Terms of Use, contact us at info@bluemorph.com