Terms of Service
Last Revised on October 9, 2021
Welcome to the Terms of Service (these “Terms”) for the website https://www.neolth.com/ and related subdomains (collectively, the “Website”) operated on behalf of Neolth Inc. (“Company”, “we” or “us”), and the “Neolth” mobile application (the “App”), together with any content, tools, features and functionality offered on or through our Website (the “Services”).
For purposes of these Terms, “you” and “your” means you as the user of the Services and, if applicable, an entity that has executed an order form or similar document (“Order Form”) with us for the provision of the Services to specified users (such entity, a “Neolth Partner”). These Terms incorporate the applicable Order Form with respect to Neolth Partners and govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights.
BY USING THE SERVICES, YOU, OR YOUR PARENT OR GUARDIAN ON YOUR BEHALF, ACCEPTS ALL OF THE PROVISIONS OF THESE TERMS AND REPRESENTS TO US THAT YOU (OR YOUR PARENT OR GUARDIAN) ARE AT LEAST 18 YEARS OF AGE AND LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
Please note that Section 10 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained in Section 10.
1 WHO MAY USE THE SERVICES
The Services are currently available only to individuals who reside in the United States, and only if you are at least 13 years of age (or your parent or legal guardian has provided consent to the use of our Services). If you reside outside the United States, then you are not authorized to use the Services, unless you are an authorized student of a Neolth Partner that is an educational institution. If you are accepting these Terms for another person in your family (a “Family Member”) including, in your capacity as a parent, guardian, conservator, or custodian of such Family Member, then you agree to the terms and conditions of these Terms on behalf of such Family Member and you hereby represent and warrant that you have the authority to enter into these Terms on such Family Member’s behalf.
2 USER ACCOUNTS AND PAYMENT
2.1 Creating and Safeguarding your Account. To use the Services, you may need to create an account (“Account”). Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use our Services. If you are the parent or guardian of a Family Member under the age of 13, and you decide to make the Services available to that Family Member, you may do so by establishing the Account in your name for the benefit of such Family Member and providing consent for us to collect personal information from the Family Member. You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account by going to “My Account” after you are logged in. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at SUPPORT@NEOLTH.COM if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.
2.2 Sharing your Information with your Physician. You may elect to share your information, including your responses to our questionnaires, other information you submit, your wellness plan, and any related activities or information, to your physician by using the unique referral code provided by the Services.
2.3 Physicians. If you are a physician, you may use the Services to access information shared by your patients. Any physician using the Services for this purpose must create an account in accordance with Section 2.1 and invite your patient to link their account to yours using their unique referral code provided by the Services to access the patient’s information. If you are a physician, you agree that you will only use and disclose information about your patients or any other individual that is provided to you through the Services to provide advice to your patient that has accepted your unique referral code or has provided you a unique referral code to enable you to access such patient’s information via the Services. If and solely to the extent the Company is acting as a business associate of physician under the Health Insurance Portability and Accountability Act, the terms of the Business Associate Agreement available at https://www.neolth.com/business-associate-aggreement shall apply to the applicable Protected Health Information.
2.4 Payment. You agree to pay for the Services in accordance with the pricing terms specified on the Website, App, or, if applicable, the Order Form.
4 RIGHTS WE GRANT YOU
4.1 License Grant. Subject to your compliance with these Terms, Company hereby grants to you, a personal, nonexclusive, nontransferable, revocable, limited license (without the right to sublicense) to (a) access and use the Services, and (b) to download a single copy of the App onto your own mobile device to use the Services. This license includes a right to access or use any third party software or services embedded or included in any portion of the App or Website in connection with your permitted use of the Services. These Terms of Service are limited to the intellectual property rights of Company and its affiliates and licensors and do not include any rights to other patents or intellectual property. We reserve any and all rights not expressly granted to you pursuant to these Terms. The limited rights granted to you to access and use the Services comprise a limited license and do not constitute the sale of any software program.
4.2 Restrictions On Your Use of the Services.
(a) You agree that: (i) you will not use the Services if you are not fully able and legally competent to agree to these Terms; (ii) you will only use the Services for lawful purposes; (iii) you will not use the Services to send or store any unlawful, false or misleading material or for fraudulent purposes or to engage in any illegal, offensive, indecent, abusive or objectionable conduct; (iv) you will not use the Services to advertise, solicit or transmit unsolicited or unauthorized commercial advertisements, including “spam”; (v) you will not use the Services to cause nuisance, annoyance, harm or inconvenience; (vi) you will not impair the proper operation of the Services; (vii) you will not try to interfere with or disrupt the Services or any software, hardware, telecommunications equipment or networks used by us or otherwise; (viii) you will not copy, or distribute the Services or other content without prior written permission from the Company; (ix) you will only use the Services for your own use and will not resell it to a third party and will not use the Services or any content available through the Services to infringe any copyright, patent, trademark, trade secret or other proprietary rights or violate any rights of publicity or privacy; (x) you will not use the Services to knowingly transmit any material that contains adware, malware, spyware, software viruses, or any other harmful code; and (xi) you will not use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
(b) You agree to protect the Services, and its proprietary content, and any associated information and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by Company. Except as specifically permitted herein or expressly authorized in writing by Company, you agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit any of the Services in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (ii) use any of the Services in any service bureau arrangement; (iii) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify any of the Services, any updates, or any part thereof in any form or manner or by any means; (iv) harvest or scrape any content or data from any of the Services, or (v) permit any third party to engage in any of the acts described in clauses (i) through (iv).
(c) You further understand and agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in any of the Services; (ii) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with any of the Services); (iii) use any means to discover the source code of any portion of the Services; (iv) access data not intended for you or log into a server or an account that you are not authorized to access; (v) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (vi) otherwise circumvent any functionality that controls access to or otherwise protects any of the Services.
(d) Company, and its licensors, reserve the right to change, suspend, remove, or disable access to the Services at any time without notice. In no event will Company be liable for the removal of or disabling of access to any such Services. Company may also impose limits on the use of or access to the Services, in any case and without notice or liability.
4.3 App Updates. Company may make available for download certain updates or upgrades to the App to update, enhance or further develop the App (“App Updates”). The license granted herein allows you to download and use the App Updates pursuant to the same terms and conditions applicable to your use of the App.
5 OWNERSHIP AND CONTENT
5.1 Ownership of the Services. The Services, including their "look and feel" (e.g., text, graphics, images, logos, audio, video), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content, including, without limitation, the exclusive right to create derivative works.
5.2 Ownership of Trademarks. The Company’s name, trademarks and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
5.3 Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
5.6 User Content License Grant. In connection with your use of the Services, you may be able to post, upload or submit content to be made available through the Services (“Your Content”). You hereby grant to us and your health or wellness provider a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicenseable license to access, use, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative work of Your Content: (a) for use in connection with the Services during the term of these Terms; and (b) on a perpetual basis in anonymized or aggregated form for any lawful purpose. As part of the foregoing license grant, where you have linked your Account using a referral code, you agree that we have the right to make Your Content available to your health or wellness provider, so that your health or wellness provider can distribute, make derivative works of, comment on and/or analyze Your Content on other media and services (either alone or as part of a collective work). By submitting Your Content through the Services, you represent and warrant (a) that you own or otherwise control all of the rights to Your Content; (b) that Your Content is complete and accurate; and (c) that use of Your Content does not violate these Terms and will not cause injury to any person or entity.
6 PARTNER USERS; THIRD PARTY SERVICES AND MATERIALS
6.1 Partner Users. Each Neolth Partner shall provide us with a written notice that specifically identifies the users authorized to use the Service in accordance with an Order Form, including students or other users authorized under an Order Form (each, a “Partner User”) and shall keep such list updated during the term of such Order Form. Neolth Partner agrees that each Partner User will have to individually register for the Services and agree to these Terms in order to use the Services, and each Partner User agrees that its rights to use the Services will terminate when the term of the applicable Order Form terminates or expires.
6.2 Use of Third Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you. If you have any complaints in connection with any Third Party Materials or third-party website, please contact such third party directly, or contact your state Attorney General or the Federal Trade Commission at www.ftc.gov.
7 SOCIAL MEDIA SHARING
7.1 Sharing to Facebook. You may, in your discretion, share certain information from your Account or the Services to Facebook. If you choose to share any information or content to Facebook using the functionality on the Website or App, you represent that you understand that such shared information would become public.
8.1 Medical Disclaimers.
(a) The Company is a provider of online stress management content. We are not a health care or medical device provider, nor should our Services or any information or content provided through our Services be considered medical advice. Only your physician or other health care provider can do that. The Company makes no claims, representations or guarantees that the Services provide a therapeutic benefit or reduce stress or other health issues.
(b) Any health information and links on the Services, whether provided by the Company or by contract from outside providers, is provided simply for your convenience.
(c) Any advice or other materials provided through the Services are intended for general information purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website, App, or through the Services. The Company is not liable for any consequences of your use of the Services or any information, advice or other materials provided through the Services and you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the Services, other materials and information published as part of the Services.
8.2 Medical Emergencies. If you or a third party are having suicidal thoughts or have a medical emergency, call your medical provider or 911 immediately. If you are suffering from depression or other conditions related to mental health you should contact your medical provider. The Company has no obligation to call 911 or otherwise to contact any third party regarding the content of any message or other content submitted by you regarding your or a third party’s mental or physical condition. The Company does not endorse any specific physicians, opinions, or other information that may be mentioned on the Services. The Company is not a health or wellness provider and cannot recommend or refer you to any health or wellness provider. Reliance on any information provided by the Services or the Company’s employees is solely at your own risk.
8.3 Services Disclaimers. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security, suitability or reliability of the Services or the information provided through the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, your information and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein. Some jurisdictions do not allow the exclusion of implied warranties so some or all of the above exclusions may not apply to you.
9 LIMITATIONS OF LIABILITY AND INDEMNIFICATION
9.1 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR PRODUCTS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
9.2 Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your access to or use of the Services; (d) Your negligence or wilful misconduct; and (e) with respect to Neolth Partners, any use of the Service by Partner Users.
10 ARBITRATION AND CLASS ACTION WAIVER
10.1 Informal Process First. You agree that in the event of any dispute between you and the Company Entities, you will first contact the Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
10.2 Arbitration Agreement and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Company’s services and/or products, including the Services, will be resolved by arbitration. This mandatory arbitration agreement applies equally to you and Company. However, this arbitration agreement does not (a) govern any Claim by Company for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to Neolth Inc., 409 Westcliffe Pl, Walnut Creek, CA, 94597. Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Notwithstanding the foregoing, you and the Company will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.
10.3 Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, the Company will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
10.4 Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to SUPPORT@NEOLTH.COM or to the U.S. mailing address listed at the bottom of this Agreement. The notice must be sent to the Company within thirty (30) days of your registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, the Company also will not be bound by them.
10.5 Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. If this Class Action waiver is found to be unenforceable, then the entirety of the arbitration agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Company each waive any right to a jury trial.
11 ADDITIONAL PROVISIONS
11.1 Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.
11.2 Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of your information. the Company shall not be responsible for the failure to delete or deletion of your information. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.
11.3 Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
11.4 Electronic Communications Notice. When you use the Services or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the Website or App. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In order to access any such communications, you must have a computer or other Internet-enabled device. In order to retain copies of any such communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use. If you wish to withdraw your consent for us to communicate with you electronically, you may not use our Services.
11.5 Internet Charges. You are responsible for providing the mobile device, wireless service plan, Internet connections and/or other equipment or services that you need to download, install and/or use the Services. WE DO NOT GUARANTEE THAT THE SERVICES CAN BE ACCESSED AND USED ON ANY PARTICULAR DEVICE OR WITH ANY PARTICULAR SERVICE PLAN. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE IN ANY PARTICULAR GEOGRAPHIC LOCATION. As part of providing the Services to you and to update you regarding the status of deliveries, you may receive push notifications, picture messages, alerts, emails or other types of messages directly sent to you inside the App or Website (“Push Messages”). You acknowledge that, when you use the App, the Website or the Services on a mobile device, your wireless service provider may charge you fees for data, text messaging and/or other wireless access. YOU ARE SOLELY RESPONSIBLE FOR ANY FEE, COST OR EXPENSE THAT YOU INCUR TO DOWNLOAD, INSTALL AND/OR USE THE APP, THE WEBSITE OR THE APP OR WEBSITE SERVICES ON YOUR MOBILE DEVICE, INCLUDING FOR YOUR RECEIPT OF PUSH MESSAGES FROM COMPANY.
11.6 iOS App users. The following terms and conditions apply to you only if you are using the App from the Apple App Store. You, as an end-user of the App, acknowledge that these Terms are entered into by and between Company and you and not with Apple, Inc., and Apple, Inc. is not responsible for the App and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of these Terms and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce these Terms. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the App. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). These Terms incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/). For purposes of these Terms, the App is considered the “Licensed Application” as defined in the LAEULA and Company is considered the “Application Provider” as defined in the LAEULA. If any terms of these Terms conflict with the terms of the LAEULA, the terms of these Terms shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the App (including, without limitation, a third party claim that the App infringes that third party’s intellectual property rights) or your use or possession of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the App.
11.8 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
11.9 Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. These Terms are governed by the laws of the State of California, without regard to conflict of laws rules, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco, California.
11.10 How to Contact Us. You may contact us regarding the Services or these Terms at: 409 Westcliffe Pl, Walnut Creek, CA, 94597, by phone at +1 703 850 2684 or by e-mail at SUPPORT@NEOLTH.COM.