Welcome to the Care.Wallet (hereinafter referred to as the “App” or “Care.Wallet”), owned and operated by Solve.Care Foundation ÖU (hereinafter referred to as “Solve.Care”, “We”, “Us”, or “Our”) with its registered office located at Narva Maantee 5, 10117 Tallinn, Estonia. The App is offered to users (hereinafter referred to individually as a “User”, collectively as “Users”, or as “You” or “Your”) for download and/or install and/or access conditioned on User’s acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
BY TAPPING THE “ACCEPT” BUTTON AT THE END OF THE AGREEMENT ACCEPTANCE FORM, USERS AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. WHEN YOU CLICK THE AGREE BUTTON, YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS OF USE AND YOU BECOME A “WALLET HOLDER”.
The App is a Care.Wallet, which is a personalized healthcare administrator for Users receiving healthcare related and other services as a member of a care administration network (each a “Care Administration Network” herein), and which also has the capability to act as a facilitator of payment for healthcare related products and services in the form of the utility SOLVE Tokens and fiat currency. The App permits Users to take greater responsibility and control over their health, and receive an improved level of healthcare quality, efficiency, and most importantly outcomes. The App is also parent application that permits Users to access other medical and healthcare products and services via an API portal with other applications and platforms that participate in the Care Administration Network (collectively, “Network Affiliate”). To access the Network Affiliate, You must give prior consent to additional terms and conditions that will include the permission to transfer Your account details and data to the Network Affiliate.
The App is a mobile application and/or website and therefor by design, all communications and documentation relating to the Care.Wallet and its Services and features will be completely paperless and only furnished to You electronically and require that You have access to (i) a computer or tablet and/or smartphone for mobile version or android device capable of supporting the APP; (ii) a current version of the APP; and (iii) a wireless network or other internet enabled network. By accepting these Terms and using the App You are consenting to send/receive communications electronically and to use electronic signatures hereunder.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
IN USING THE APP YOU ARE DEEMED TO HAVE READ AND AGREED TO THESE TERMS, AND ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE APP ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS FORM PART OF THE AGREEMENT BETWEEN THE RESPECTIVE USERS AND US. BY DOWNLOADING AND USING THE APP AND/OR UNDERTAKING TO RECEIVE A SERVICE ON OR THROUGH THE APP INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS CONTAINED HEREIN.
1.2 “Services” means and refers to those features of the App (such as “Care.Cards” and the “Care.Circle”), that enable Users to share their personal and health related information in a secure way within a Care Administration Network.
1.3 “Account” shall mean the accounts created by the Users on the App in order to use the Services provided by the App and requires information such as name, address, contact number, company name, Professional Degree.
1.4 “Care.Cards” shall mean and refer to the specifically designed application that resides in Your Care.Wallet which can be linked, grouped and synchronized across Care.Wallets registered in a particular Care Administration Network.
1.5 “Care.Circle” is a tool that enables Users (as a “Care.Circle Member”) participating in a Care Administration Network to invite and provide individuals of their choosing, e.g., family members, friends, care givers, etc. (each a “Care.Circle Participant”) with access to the health information contained in the Care.Circle Member’s Care.Wallet so the Care.Circle Participant can assist in the management of the Care.Circle Member’s health and wellness.
1.6 “SOLVE token” is a utility, digital, intelligent payment token which if included in a particular Care Administration Newwork’s functionality can provide accountability, transparency, proof of service delivery, authorization and immutable reproduction of transactions under a particular Care Administration Network, such as healthcare or benefit transactions.
1.6 “Content” means text, graphics, images, music, software, audio, video, information or other materials.
1.7 “User Content” or “User Submissions” means all content that a User submits or transmits to Us through email, feedback, comments, and messages on the App.
1.8 “the App Content” shall mean all the Content that the App makes available through the Services, including any Content licensed from a third party.
1.9 “Collective Content” means User Content and the App Content.
2.1 The official language of Terms shall be English.
2.2 The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
3.1 You may download, install and register to the App and use a Service only if You are at least eighteen (18) years of age and can form a binding contract with Us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If You are a minor (i.e. under the age of 18 years but at least 13 years of age), You may download the App and use the App only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the App and Services, You represent and warrant that You are at least 18 years old (or the parent or legal guardian of the User who is a minor at least 13 years of age) and that You have the right, authority and capacity to enter into and abide by this Agreement.
3.2 Access to a Service is not available to any Users previously removed from that Service by Us unless We provide such Users with specific written authorization to re-use the Service. Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the App. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable state and local laws.
3.3 You must not be a competitor of the App or use any Service for reasons that are in competition with Us or otherwise to replicate some or all of the Service for any reason.
3.4 Solve.Care may, in its sole discretion, refuse to offer access to or use of the App to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the App is revoked in such jurisdictions.
3.5 Except where additional terms and conditions are provided which are Service specific, these Terms supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms.
4.1 It is mandatory for the Users to create an account on the App in order to use the Services.
4.2 In order to create an account directly with Us:
4.2.1 You must provide Us with certain personal information such as username, email address, contact number, and password which shall be used to confirm You are registered as User.
4.2.2 You represent and warrant that all required registration information You submit is truthful and accurate, and You will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of Your Account login information and are fully responsible for all activities that occur under Your Account. You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use of Your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements. You must not share Your password or other access credentials with any other person or entity that is not authorized to access Your account. Without limiting the foregoing, You are solely responsible for any activities or actions that occur under Your Account access credentials. We encourage You to use a “strong” password (a password that includes a combination of upper- and lower-case letters, numbers, and symbols) with Your Account. We cannot and will not be liable for any loss or damage arising from Your failure to comply with any of the above.
4.2.3 You agree to provide and maintain accurate, current and complete information about Your Account. Without limiting the foregoing, in the event You change any of Your personal information as mentioned above in this Agreement, You will update Your Account information promptly.
4.3. When creating an Account, do not:
4.3.1 Provide any false personal information to Us (including without limitation a false username) or create any Account for anyone other than Yourself without such other person’s permission;
4.3.2 Use a username that is the name of another person with the intent to impersonate that person;
4.3.3 Use a username that is subject to rights of another person without appropriate authorization;
4.3.4 Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
4.4 We reserve the right to suspend or terminate Your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that You create through the Service that violates Our Terms. If You have reason to believe that Your Account is no longer secure, then You must immediately notify Us at [email protected]
4.5 You may not transfer or sell Ythe App account and User ID to another party.
4.6 Our Services are not available to temporarily or indefinitely suspended Users. We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. We reserve the right to refuse access or service to anyone, for any reason, at any time. We reserve the right to terminate Your Account and refuse to provide You with access to the App for any reason, at any time.
4.7 One individual/entity can own only one account in his/her/them name.
4.8 You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, You must abide by the App’s Terms as stated in this Agreement and all other rules, policies, and procedures listed on the App and/or that may be published from time to time on the App by Solve.Care.
5.1 That You will use the Services provided by Solve.Care, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the App.
5.2 You will provide authentic and true information in all instances where such information is requested of You. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation Your details are found not to be true (wholly or partly), We have the right in Our sole discretion to reject the registration and debar You from using the App and its Services of and/or other apps of Network Affiliates without prior intimation whatsoever.
5.3 That You are accessing the Services available on the App and Network Affiliates and transacting at Your sole risk and are using Your best and prudent judgment before entering into any dealings through the App.
5.4 It is possible that the other Users (including unauthorized/unregistered users or “hackers”) may post or transmit offensive or obscene materials on the App and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the App, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the App You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the App.
5.5 You agree that Solve.Care is not a bank and it’s App and the Services should in no way be construed as the provision of banking service.
5.6 You agree that You will not:
5.6.1 Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
5.6.2 Post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
5.6.3 Post or transmit any information, software or other material which contains a virus or other harmful component;
5.6.4 Alter, damage or delete any Content or other communications that are not Your own Content or to otherwise interfere with the ability of others to access the App;
5.6.5 Claim a relationship with or to speak for any business, association, institution or other organization for which You are not authorized to claim such a relationship;
5.6.6 Violate any operating rule, policy or guideline of Your Internet access provider or online service.
6.1 Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
6.2 Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
6.3 You shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
6.4 You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the App or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the App. We reserve Our right to bar any such activity.
6.5 You shall not attempt to gain unauthorized access to any portion or feature of the App, or any other systems or Care Administration Networks connected to the App or to any server, computer, network, or to any of the services offered on or through the App, by hacking, password “mining” or any other illegitimate means.
6.6 You shall not probe, scan or test the vulnerability of the App or any Care Administration Network connected to the App nor breach the security or authentication measures on the App or any Care Administration Network connected to the App. You may not reverse look-up, trace or seek to trace any information of any other User or visitor to the App, or any other customer, including any account on the App not owned by You, to its source, or exploit the App or any service or information made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the App.
6.7 You shall not make any denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of Solve.Care or otherwise tarnish or dilute any of Our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the App or Our systems or networks, or any systems or Care Administration Networks connected to Us.
6.8 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any transaction being conducted on the App, or with any other person’s use of the App.
6.9 You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the App or any service offered on or through the App. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
6.10 You may not use the App or any content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Solve.Care and/or others.
6.11 Interfering with any other person’s use or enjoyment of the App.
6.12 Breaching any applicable laws;
6.13 Interfering or disrupting Care Administration Networks or web apps connected to the App.
6.14 Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
6.15 Without limiting other remedies, We may, in Our sole discretion, limit, suspend, or terminate Our services and User accounts, prohibit access to The Apps, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep Users from using The Apps, services, applications, or tools, if We think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of Our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months or to modify or discontinue The App, services. We shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
6.16 Further, We prohibit the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit, debit cards, calling card, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.
All right, title, and interest in and to the App (excluding postings/content provided by the Users) is and will remain the exclusive property of Solve.Care and its licensors. The App service is protected by copyright, trademark, and other laws of Estonia. Nothing in these Terms gives You a right to use the name of the App or App’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the App or located on the App.
8.1 Some of the features of the App or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions” or “User Content”), or (b) literary, artistic or other content, including but not limited to photos and videos. User Content includes all content submitted through Your Account. By posting or publishing User Content to the App or the Services, You represent and warrant to Us that (i) You have all necessary rights to distribute User Content via the App or via the Services, either because You are the author of the User Content and have the right to distribute the same, or because You have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
8.2 All reviews, comments, feedback, submitted or offered to Us on the App or otherwise disclosed, submitted or offered in connection with Your use of the App (collectively, the “Comments”) shall be and remain Our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Us of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, We exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments You submit for any purpose whatsoever, without restriction and without compensating You in any way.
8.3 We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay You any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by You to the App will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by You to the App will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
8.5 You shall be solely responsible for any and all of Your User Content or User Content that is submitted through Your Account, and the consequences of, and requirements for distributing it. With Respect to User Submissions, You acknowledge and agree that:
8.5.1 User Submissions are entirely voluntary;
8.5.2 User Submissions do not establish a confidential relationship or obligate Us to treat User Submissions as confidential or secret;
8.5.3 We have no obligation, either express or implied, to develop or use User Submissions, and no compensation is due to You or to anyone else for any intentional or unintentional use of User Submissions.
8.6 We shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to the App, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to the App for any purpose, commercial or otherwise, without acknowledgment or compensation to You or to anyone else.
8.7 It is possible that any of the Users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the App and that other Users may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the App, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the App, You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the App. Please carefully select the type of information that You publicly disclose or share with others on the App.
8.8 You may upload to any area of the App or otherwise transmit, post, publish, reproduce or distribute, on or through Solve.Care only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on Our website, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than You should contain a phrase such as “Copyright owned by [name of owner]; Used by Permission.” By submitting Content to any Area, You automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to Us the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit Us to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content.
Care.Wallet is a health organizer that stays with You, no matter who sponsors or facilitates Your healthcare. This provides You with the benefit of having access to all of Your health information in one place, and you can this share information through the Care.Circle with anyone You choose to assist in managing Your care. The information contained in User’s Care.Wallet is exclusively owned and controlled by You the User. Unless specifically invited by You, as a Care.Circle Member, to participate in Your Care.Circle, as a Care.Circle Participant, no other person or entity, specifically including Solve.Care and the Network Affiliates in the Care Administration Network, shall have access to Your health information in the Care.Wallet. The Care.Circle Member and the Care.Circle Participant(s) will both be Wallet Holders and Users and will be required to accept these Terms. each confirms and acknowledges:
9.1 As a Care.Circle Member User, I have read, understand, and agree that:
9.1.1 My participation in Care.Circle is voluntary and my right to receive treatment or payment for treatment is not conditioned upon whether or not I participate in Care.Circle;
9.1.2 The health information that I will share with my designated Care.Circle Participant(s) will include information about my diagnoses, test results, provider appointments, medications that have been prescribed to me, etc. Such information is very personal to me and may include health information that I may consider to be extremely sensitive. Therefore I will exercise a very high level of caution when selecting and inviting trusted individuals to participate in my Care.Circle;
9.1.3 I have the right to remove a Care.Circle Participant from my Care.Circle at any time, however disclosures of health information that I have already made based upon my original invitation to a Care.Circle Participant cannot be taken back; and
9.1.4 The health information that I will share with my designated Care.Circle Participant(s) is being provided DIRECTLY BY ME and not Solve.Care, my health care providers, administrators or payers, and therefor is not covered/protected by any legal restrictions on disclosure (i.e., “HIPAA”), and I release these parties and hold them harmless from any and all claims or causes of action of any nature whatsoever, arising in any manner from my participation in Care.Circle and/or sharing my health information with my invited Care.Circle Participant(s).
9.2 As a Care.Circle Participant User, I have read, understand, and agree that:
9.2.1 The health information I receive from the Care.Circle is being provided to me in confidence and only for the limited purpose of assisting in the management of a Care.Circle Member’s health and wellness;
9.2.2 I will treat this health information as “Confidential Information” and safeguard it from any unauthorized use, access, or disclosure, using at least the same degree of care I use to protect my similarly sensitive health information and in no event less than a reasonable degree of care;
9.2.3 By accepting the Care.Circle Member’s invitation to join their Care.Circle I agree at all times to act with utmost good faith, trust and confidence for the benefit of the Care.Circle Member; and
9.2.4 I release Solve.Care, the health care providers, administrators, and payors of the Care.Circle Member(s) inviting me to their Care.Circle, and I indemnify and hold them harmless from any and all claims or causes of action of any nature whatsoever, arising in any manner from my participation in Care.Circle and/or receiving health information within a Care.Circle.
10.1 Solve.Care, Our suppliers, and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on the App. Access to the App does not confer and shall not be considered as conferring upon anyone any license under any of Solve.Care’s or any third party’s intellectual property rights. All rights, including copyright, in the App, are owned by or licensed to Us or third-party suppliers. Any use of the App or its contents, including copying or storing it or them in whole or part, other than for Your own personal, non-commercial use is prohibited without the permission of Solve.Care. You cannot modify, distribute or re-post anything on the App for any purpose.
10.2 The App names and logos and all related service and Our slogans are the trademarks or service marks of Solve.Care. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained in the App. Access to the App does not authorize anyone to use any name, logo or mark in any manner.
10.3 All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of the App (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the App for Your personal use only. No right, title or interest in any downloaded materials or software is transferred to You as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents or any related software. All software used on the App is the property of Solve.Care or its suppliers and protected by copyright laws of Estonia. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on the App is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by Solve.Care, one of its affiliates or by third parties who have licensed their materials to Us and are protected by copyright laws of Estonia. The compilation (meaning the collection, arrangement, and assembly) of all Contents on the App is the exclusive property of Solve.Care and is also protected by Copyright laws of Estonia.
10.4 We have the right to remove the Content alleged to be infringing without prior notice, at Our sole discretion, and without liability to You. In appropriate circumstances, We will also terminate a User’s account if We determine that the User is a repeat infringer.
10.5 If You believe in good faith that any material used or displayed on or through the App infringes Your copyright, You (or Your agent) may send Us a notice at [email protected] requesting that the material be removed, or access to it blocked, please provide Us with the following information:
10.5.1 a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
10.5.2 identification of the copyrighted work claimed to have been infringed;
10.5.3 identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
10.5.4 Your contact information, including Your address, telephone number and an email address; a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
10.5.5 a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.
10.6 You should assume that everything that You see or read on the App is copyrighted unless otherwise noted and may not be copied, reproduced, distributed, modified, published, downloaded, posted, or transmitted in any way, without the prior written consent of Solve.Care or other copyright owner, EXCEPT: You may print copies of the material for Your personal, non-commercial use only, provided that You do not delete or change any copyright, trademark, or other proprietary notices. Unless otherwise indicated, all marks displayed on the App are subject to the trademark rights of Solve.Care, including Our name and Logo, corporate logos and emblems. Modifying, distributing or using for any purpose the material in the App which is copyrighted or otherwise protected under intellectual property laws directly violates Our intellectual property rights. The material contained in the App is copyrighted, is protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.
You hereby agree to indemnify and hold harmless Solve.Care, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon Your actions or inactions, which may result in any loss or liability to Solve.Care or any third party including, but not limited to, breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of Your obligations under this Agreement or arising out of Your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
12.1 We may, at any time and without notice, suspend, cancel, or terminate Your right to use the App (or any portion of the App). In the event of suspension, cancellation, or termination, You are no longer authorized to access the part of the App affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on You with respect to material downloaded from the App, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
12.2 Without limiting the foregoing, We may close, suspend or limit Your access to Your Account:
12.2.1 if We determine that You have breached, or are acting in breach of, this User Agreement;
12.2.2 if We determine that You have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
12.2.3 if We determine that You have engaged, or are engaging, in fraudulent, or illegal activities;
12.2.4 You do not respond to account verification requests;
12.2.5 to manage any risk of loss to Us, a User, or any other person; or
12.2.6 for other similar reasons.
12.3 If We close Your Account due to Your breach of this User Agreement, You may also become liable for fees in an amount as ascertained by the App.
12.4 In the event that We close Your Account, You will have no claim whatsoever against Us in respect of any such suspension or termination of Your Account.
13.1 Users acknowledge and agree that the availability of the App is dependent on the App Store from which Users received the App license. Users acknowledge that the Terms are between Users and Us and not with the App Store. Solve.Care, not the App Store, is solely responsible for its Properties, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, Users must have access to a wireless network or other internet enabled network, and Users agree to pay all fees associated with such access. Users also agree to pay all fees (if any) charged by the App Store in connection with Solve.Care Properties, including the App. Users agree to comply with, and their license to use the App is conditioned upon their compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Solve.Care Properties, including the App. Users acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
13.2 At some point, We may wish to update the App. The App is currently available on Android and iOS – the requirements for both systems (and for any additional systems We decide to extend the availability of the App to) may change, and You will need to download the updates if You want to keep using the App. We do not promise that it will always update the App so that it is relevant to You and/or works with the iOS/Android version that You have installed on Your device. However, You promise to always accept updates to the application when offered to You, We may also wish to stop providing the App, and may terminate use of it at any time without giving notice of termination to You. Unless We tell You otherwise, upon any termination, (a) the rights and licenses granted to You in these Terms will end; (b) You must stop using the App, and (if needed) delete it from Your device.
14.1 This Agreement shall be governed by and construed in accordance with the laws of Estonia, without regard to its choice of law principles.
14.2 The parties consent to exclusive jurisdiction and venue in the courts sitting in Estonia.
15.1 Except as provided in this Section, in the event of any controversy or dispute related to or arising out of this Agreement, You agree to meet and confer in good faith to attempt to resolve the controversy or dispute without an adversary proceeding. If the controversy or dispute is not resolved to the mutual satisfaction of the Parties within five (5) business days of notice of the controversy or dispute, with the exception of injunctive relief sought by any Party, any Party shall have the exclusive option of submitting the controversy or dispute to binding arbitration. ].
15.2 The venue for arbitration shall be Estonia.
15.3 The language used in Arbitration shall be English, and the award of the arbitration shall be binding on both, You and Us.
The App hereby grants You the limited right to access, view and use the App only for the purposes of accessing information, Applications (as defined herein) and Services. The App reserves the right to suspend or deny, in its sole discretion, Your access to all or any portion of the App. This license is limited to personal and non-commercial uses by You. Any rights not expressly granted to You herein are reserved to the App. Minors should seek consent of his or her legal guardian before using the App. Unless You have received specific written permission from the App, You may not (a) “frame” or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the App; (b) alter or modify any content on the App; or (c) deep link or gain unauthorized access to any portion of the App. Without limiting other restrictions, You agree not to reproduce, transmit, sell, or otherwise exploit the App or Applications for any commercial purpose.
17.1 Solve.Care provides no guarantee that the App and the services and functions requiring registration operate and are available without interruption and errors at all times. The User must him/herself ensure an adequate Internet connection. The User is aware that, like any other software, the services can never be completely free of errors. The User is responsible him/herself for the fulfillment of the system requirements necessary for the use of the App, particularly with respect to the operating system used by it. However, Solve.Care shall make every effort, within the limits of what is commercially reasonable, to enable the operation of the App without interruptions or errors at all times.
17.2 Solve.Care can restrict the availability of and access to the App and services and functions requiring registration insofar as the security of the network operation and the maintenance of the network integrity, particularly the need to avoid serious disruptions of the network, the software or stored data, requires this.
17.3 Solve.Care is not obliged to provide updates or upgrades for the App or to otherwise modify the App in line with possible changes made to hardware and/or software (particularly operating systems).
17.4 The use of the App is governed by the end user license agreement (“EULA”) that is incorporated into this Agreement as Appendix A. You may not download or use any App from the Site without agreeing to the EULAand this Agreement. Certain applications may be owned by third parties and distributed under a third-party EULA, and You agree that We shall not be responsible for any loss or damage of any sort relating to Your dealings with such third parties.
18.1 The App is provided without any warranties or guarantees and in an “As Is” condition. You must bear the rsks associated with the download and use of the App. We make no warranty that the Services or App will meet Your requirements or that the Services or Your access to the App will be uninterrupted, timely, accurate or reliable; nor do We make any warranty as to any information that may be obtained through the Services or App. In case there is any defect in any software being used for the provision of the Services, We do not make any warranty that defects in such software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through use of the Services or App is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or loss of data that results from the download of such material or data.
18.2 The App does not, and is not intended to, provide medical, labor, legal, tax, financial, or any other professional advice. Solve.Care does not act as a health care provider and does not provide medical or health care services or advice, nor does it intend for the services and information provided through the Care Administration Network to substitute for any professional medical diagnosis, treatment, or advice received by a network provider or other health care professional. Solve.Care does not have a role in (i) designing, developing, or advising on the clinical protocols or treatment plans utilized by any Network Affiliate or (ii) what personal health information is requested, collected, or generated through the use or performance of the services on the Care Administration Network. Solve.Care is not responsible for, and does not assist with, any determinations regarding whether You should take, or refrain from taking, any action based on the services and advice provided to You on the Care Administration Network.
18.3 The App provides content from other Apps/Internet sites or resources, and while Solve.Care tries to ensure that material included on the App is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems You may experience with the App. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, We are not liable, and You agree not to hold Solve.Care responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
18.3.1 Your use of or Your inability to use The App, Services, and tools;
18.3.2 Delays or disruptions in The App, Services, or tools;
18.3.3 Viruses or other malicious software obtained by accessing The App, Services, or tools or any site, Services, or tool linked to The App, Services, or tools;
18.3.4 Glitches, bugs, errors, or inaccuracies of any kind in The App, Services, and tools or in the information and graphics obtained from them;
18.3.5 The content, actions, or inactions of third parties, including items listed using The App, services, or tools or the destruction of allegedly fake items;
18.3.6 A suspension or other action taken with respect to Your account; and
18.4 To the fullest extent permitted under applicable law, Solve.Care or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the App, its services or this User Agreement.
18.5 The Content on the App is provided for general information only. It is not intended to amount to advice on which You should rely. You must obtain specialist advice before taking, or refraining from, any action based on the content on the App.
18.6 User understands and agrees that any information or material and/or goods or services obtained through the Service is done at User’s own discretion and risk and that User will be solely responsible for any damage resulting from any transaction.
18.7 No advice or information, whether oral or written, obtained by User from us for free or through or from the service shall create any warranty not expressly stated herein.
18.8 Solve.Care or any person or entity affiliated with it will not be held liable for the delivery or un-delivery of any product, for any transactions or dealings between the Users through The App.
18.9 Users agree that We are only a venue wherein various products can be posted and We in no case are responsible if any User backs out from selling or purchasing any product listed on the App.
We have employed highest possible security measures to protect Your data which is stored with Us. While We take all possible measure steps, You must immediately notify Us upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to the App, Your Account or Our Services and do everything under Your control to mitigate the unauthorized access or security breach (including providing Us the evidence and notifying appropriate authorities). You are solely responsible for securing Your password. We will not be liable for any loss or damage arising from unauthorized access of Your account resulting from Your failure to secure Your password.
You expressly hereby release and waive all claims against Solve.Care, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to Your use of the App. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and You accept and assume the risk of such possible differences in fact. In addition, You expressly waive and relinquish any and all rights and benefits which You may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
The suits which are impliedly or specifically barred by this agreement shall be opposed by Us by pleading this agreement.
23.1 Any notices must be given by postal mail to Us at: [email protected]
23.2 In Your case, We will send You any notice at Your provided email address (either during the registration process or when Your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Us. In such case, notice shall be deemed given three days after the date of mailing.
Solve.Care reserves the right to modify or terminate the App’s service for any reason, without notice, at any time. We also reserve the right to sell, alter, transfer or delegate Our rights under this agreement to anyone without any prior notice to You. Solve.Care does not guarantee continuous, uninterrupted access to the App, and operation of the App may be interfered with by numerous factors outside Our control.
The failure of Us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by You of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect Our right to enforce each and every such provision thereafter. The express waiver by Us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect the validity or enforceability of any other Term.
28.1 You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining Our prior written consent, which may be withheld in Our sole discretion. Any assignment or delegation in violation of the foregoing will be null and void.
28.2 We may assign Our rights and delegate any of Our obligations under these Terms, in whole or in part, without Your consent and the Terms will be binding and inure to the benefit of Our successors and assigns.
29.1 We shall be under no liability to You in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond Our control, including but not limited to, acts of God; Natural disasters; Sabotage; Accident; Riot; Shortage of supplies, equipment, and materials; Strikes and lockouts; Civil unrest; Computer hacking; or Malicious damage.
These Terms cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with Us. Nothing in this section will prevent Us from modifying these Terms and posting such modifications on the App. We reserve the right, in Our sole and exclusive discretion, to revise these Terms at any time. All revisions shall be posted on this page. Since You are bound by all revisions made by Us, You should review this page each time You connect to the App. It is important that You fully read and understand the terms and conditions You are agreeing to be bound by, when You use the App.
31.1 The App’s team may send You information about offers, notices, letters and other communication to Your email. You can ask Us to refrain from sending You offers or promotional offers by sending Us an email or by clicking the unsubscribe link in Our emails sent to You.
31.2 You consent to receive notices and information from Us in respect of the App and Services by electronic communication. You may withdraw this consent at any time, but if You do so We may choose to suspend or close Your Account.
31.3 By using Our services, You are deemed to have executed this Agreement electronically; effective on the date You register Your Account and start using Our services. Your Account registration constitutes an acknowledgment that You are able to electronically receive, download, and print this Agreement.
31.4 In connection with this Agreement, You may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate Your use of the App, You give Us permission to provide these records to You electronically instead of in paper form.
31.5 By registering for an Account, You consent to electronically receive and access, via email, all records and notices for the services provided to You under this Agreement that We would otherwise be required to provide to You in paper form. However, We reserve the right, in Our sole discretion, to communicate with You via the Postal Service and other third-party mail services using the address under which Your account is registered. Your consent to receive records and notices electronically will remain in effect until You withdraw it. You may withdraw Your consent to receive further records and notices electronically at any time by contacting at the Contact details provided on the App. If You withdraw Your consent to receive such records and notices electronically, We will terminate Your access to the Services, and You will no longer be able to use the Services. Any withdrawal of Your consent to receive records and notices electronically will be effective only after We have a reasonable period of time to process Your request for withdrawal. Please note that Your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by Us to You before the withdrawal of Your consent becomes effective.
31.6 In order to ensure that We are able to provide records and notices to You electronically, You must notify Us of any change in Your email address by updating Your Account information by contacting Customer Support at [email protected]
The Agreement, in connection with the other obligations, policies and rules detailed in writing on the App, constitutes the entire agreement between You and Solve.Care relating to the App.
For any further clarification of out Terms and Conditions, please write to Us at [email protected].
Last Revised: April 21, 2021
THIS END-USER LICENSE AGREEMENT (THIS “AGREEMENT”) IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SOLVE.CARE USA Inc. AND ITS THIRD-PARTY PARTNERS AND AFFILIATES (“THIRD-PARTY PARTNERS”). PLEASE READ IT CAREFULLY BEFORE INSTALLING CARE.WALLET APPLICATION OR USING THE SOLVE.CARE WEBSITES OR SOFTWARE PROGRAMS (COLLECTIVELY, “SOLVE.CARE SYSTEMS”) AND RETAIN A COPY OF THE AGREEMENT FOR YOUR RECORDS.
BY CLICKING THE “ACCEPT” BUTTON OR INSTALLING AND USING THE SOLVE.CARE SYSTEMS, YOU ARE CONFIRMING YOUR ACCEPTANCE OF, AND AGREEING TO BECOME BOUND BY, THE TERMS AND CONDITIONS OF THIS AGREEMENT STATED OR REFERENCED HEREIN. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL OR USE OF THE SOLVE.CARE SYSTEMS OR ANY RELATED SERVICES AND SUPPORT.
MEDICAL EMERGENCIES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL A PUBLIC HEALTH EMERGENCY NUMBER (I.E. 911). SOLVE.CARE AND ITS THIRD-PARTY PARTNERS DO NOT PROVIDE, FACILITATE, OR ARRANGE ANY SERVICE THAT ADDRESSES OR ASSISTS WITH MEDICAL EMERGENCIES. ACCORDINGLY, IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DO NOT RELY ON THE SOLVE.CARE SYSTEMS OR RELATED SERVICES FOR ASSISTANCE.
SOLVE.CARE SYSTEMS. The Solve.Care Systems allow individuals to upload, store, revise, and share their personal health information and remotely access network providers through telecommunications technology to receive medical diagnosis, treatment, or advice with functionality that includes a network provider dashboard and electronic medical records system; distributed patient inquiry routing and queuing; secure messaging and real-time audio/video communication; patient portal and health records system; and payment processing.
GRANT OF LICENSE. This is a license to, and not a sale of, the Solve.Care Systems. You are hereby granted a limited, worldwide, non-exclusive, non-sublicensable, and perpetual license to install and use the Solve.Care Systems on one (1) device (i.e. computer, tablet, or smartphone) owned or controlled by you (use on a computer is established when it is loaded into temporary memory (RAM) or installed into permanent memory (hard disk, CD-ROM, DVD-ROM or other storage device)). You will be required to complete an account setup and registration process to obtain a mnemonic phrase and set a unique password and security questions for dual authentication purposes. If any version of the Solve.Care Systems is upgraded, updated, or modified in any way from an earlier version, it is provided to you on a license exchange basis and you hereby agree by your installation and use of such version of the Solve.Care Systems to be subject to the same terms and conditions hereto and voluntarily terminate your earlier license and that you will not continue to use the earlier version of the Solve.Care Systems.
OWNERSHIP. The Solve.Care Systems provided are not in the public domain. Solve.Care or its Third-Party Partners are the owners of all Solve.Care Systems and retain all intellectual property rights, title, and interest thereto, including, without limitation, patent, trademark, copyright, and trade secret rights, and the techniques and ideas embodied and expressed therein, including the structure, sequence, and organization of the Solve.Care Systems and any derivatives therefrom. You acknowledge that, except for the limited license granted hereunder, you have no rights in or to the Solve.Care Systems or any derivatives therefrom. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by Solve.Care and its Third-Party Partners.
TERM AND TERMINATION. This Agreement shall be effective when accepted by you as provided herein and shall continue so long as you continue to abide by the terms and conditions in this Agreement. Solve.Care hereby reserves the right (but is under no obligation) to investigate any claim that use of the Solve.Care Systems does not conform to the terms and conditions of this Agreement and, in its sole discretion, to terminate this license upon ten (10) days written or electronic notice or in the event you breach or fail to comply with this Agreement. Upon termination for any reason, you must destroy all copies of the Solve.Care Systems (with all other rights of both parties and all other provisions of this Agreement surviving any such termination).
NO MEDICAL ADVICE. Solve.Care Systems allow individuals and network providers to connect and communicate but Solve.Care and its Third-Party Partners do not provide medical or health care services or advice, nor are the Solve.Care Systems and related Support Services intended to be a substitute for the professional medical diagnosis, treatment, or advice received by a network provider or other health care professional. The “Support Services” are those provided to support the use of Solve.Care Systems and include, but are not limited to, onboarding, consulting, and training related to access and use of the Solve.Care Systems by network providers with whom you engage through Solve.Care Systems or otherwise. No medical or health care counsel or advice communicated or provided to you by a network provider, through use of Solve.Care Systems or otherwise, is under the direction or control of Solve.Care or its Third-Party Partners.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY. THE SOLVE.CARE SYSTEMS AND SUPPORT SERVICES, AND ANY RELATED DOCUMENTATION ARE PROVIDED “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOLVE.CARE AND ITS THIRD-PARTY PARTNERS EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE SOLVE.CARE SYSTEMS OR SUPPORT SERVICES, INCLUDING, WITHOUT LIMITATION, A WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. WITHOUT LIMITING THE FOREGOING, SOLVE.CARE AND ITS THIRD-PARTY PARTNERS ALSO SPECIFICALLY DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY MEDICAL OR HEALTH CARE SERVICE OR CONSULTATION RENDERED BY A NETWORK PROVIDER USING OR RENDERED THROUGH THE SOLVE.CARE SYSTEMS OR OTHERWISE; (B) ANY THIRD-PARTY WEBSITES (OR MOBILE APPLICATIONS, LINKS, ETC.) OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS PROVIDED THROUGH THE SOLVE.CARE SYSTEMS, INCLUDING, WITHOUT LIMITATION, ANY ERRORS IN OR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THE SOLVE.CARE SYSTEMS, SUPPORT SERVICES, OR ANY PORTION THEREOF; (D) YOUR USE OF THE SOLVE.CARE SYSTEMS AND SUPPORT SERVICES OFFERED IN SUPPORT OR CONNECTION WITH ITS USE; (E) ANY USER SUBMISSIONS; AND (F) YOUR USE OF ANY EQUIPMENT OR TECHNOLOGY IN CONNECTION WITH THE SOLVE.CARE SYSTEMS. SOLVE.CARE AND ITS THIRD-PARTY PARTNERS FURTHER SPECIFICALLY DISCLAIM LIABILITY FOR ANY LOSS OF ANY DATA STORED ON OR BY MEANS OF THE SOLVE.CARE SYSTEMS AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES AS A RESULT OF THE LOSS OF DATA OR ANY OTHER DAMAGE ARISING FROM SPYWARE, MALWARE, OR OTHER THIRD-PARTY CAUSES. SOLVE.CARE AND ITS THIRD-PARTY PARTNERS MAKE NO WARRANTY THAT THE SOLVE.CARE SYSTEMS OR SUPPORT SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS AND FURTHER SPECIFICALLY DISCLAIM ANY WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, ACCURATE, ERROR OR DELAY FREE, SECURE, OR FREE FROM BUGS, VIRUSES, OR OTHER PROGRAM LIMITATIONS OR THAT DEFECTS IN THE SOFTWARE OR SUPPORT SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, DOCUMENTATION, OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOLVE.CARE SYSTEMS OR OTHERWISE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH INFORMATION, DOCUMENTATION, OR MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOLVE.CARE OR ITS THIRD-PARTY PARTNERS OR THROUGH THE SOLVE.CARE SYSTEMS OR SUPPORT SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SOLVE.CARE SYSTEMS OR THE SUPPORT SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY AGAINST SOLVE.CARE AND ITS THIRD-PARTY PARTNERS FOR ANY DISPUTE IS TO DISCONTINUE YOUR USE OF THE SOLVE.CARE SYSTEMS AND SUPPORT SERVICES OR OTHERWISE. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, SOLVE.CARE AND ITS THIRD-PARTY PARTNERS AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SOLVE.CARE SYSTEMS OR SUPPORT SERVICES, INCLUDING, WITHOUT LIMIT, ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. INCLUDING, WITHOUT LIMIT, ATTORNEYS’ FEES AND/OR EXPENSES, IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SOLVE.CARE SYSTEMS OR SUPPORT SERVICES WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT THIS LIMITATION ON LIABILITY FAILS OF ITS ESSENTIAL PURPOSE DUE TO APPLICABLE LAW OR FOR ANY OTHER REASON, THE SOLE OBLIGATION OF SOLVE.CARE AND ITS THIRD-PARTY PARTNERS TO YOU FOR DAMAGES SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU IN THE PRIOR SIX-MONTH PERIOD FOR THE LICENSE (OR, IF YOU ARE A USER THAT HAS NOT PAID FOR USE OF THE SOLVE.CARE SYSTEMS OR SUPPORT SERVICES, TO THE AMOUNT OF $10 USD). FURTHER, SOLVE.CARE AND ITS THIRD-PARTY PARTNERS SHALL NOT BE LIABLE IN ANY INSTANCE WHATSOEVER FOR ACTIONS BY ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ADVERTISEMENTS AND SOLICITATIONS.
THE LIMITATIONS SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SOLVE.CARE AND ITS THIRD-PARTY PARTNERS. SOLVE.CARE AND ITS THIRD-PARTY PARTNERS WOULD NOT BE ABLE TO PROVIDE YOU WITH ACCESS AND USE OF THE SOLVE.CARE SYSTEMS AND SUPPORT SERVICES WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Solve.Care may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
CLASS ACTION WAIVER; DISPUTE RESOLUTION. You agree to waive any rights to participate in a class action or representative action with respect to any claim or controversy arising out of or relating to the Solve.Care Systems and Support Services, or any other software, products, or services provided under this Agreement. You agree that any claim or controversy arising out of or relating to the Solve.Care Systems and Support Services, or any other software, products, or services provided under this Agreement shall be settled by arbitration, including any form of injunctive relief sought by you or unconscionability challenge or any other challenge that the arbitration provision or this Agreement is void, voidable, or otherwise invalid, and judgment on the award rendered by the arbitrator(s) may be entered into any court having jurisdiction thereof. Notwithstanding the above, this arbitration provision shall not apply to claims of patent, trademark, or copyright infringement or misappropriation of trade secrets. If the controversy or dispute is submitted to binding arbitration, the Parties shall select the arbitrator within ten (10) calendar days after notification that the controversy or dispute will be submitted to arbitration. If the Parties are unable to agree on an arbitrator, either Party may petition the American Association of Arbitrators for the appointment of an arbitrator according to the procedures for such appointment provided under the Consumer Arbitration Rules. The costs of such arbitration (excluding the attorneys’ fees and costs of each of the Parties) shall be shared equally by the Parties. If any part of this arbitration provision is deemed invalid as a matter of law, then it shall be severed, and the remaining portions shall continue in effect.
MISCELLANEOUS. This Agreement shall be governed by the internal laws of the State of Delaware, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Delaware County or the federal courts in Delaware to resolve any disputes arising under this Agreement. In each case, this Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods. Solve.Care reserves the right, in its sole discretion, to modify portions of this Agreement at any time without notice except for posting notice of such modifications on its website(s) or sending notice via e-mail, postal mail or other means. Your continued use of the Solve.Care Systems or Support Services following notice of such modifications shall be deemed to be your acceptance of any such modifications to this Agreement. If you do not agree to any such modifications, you must immediately stop using the Solve.Care Systems and Support Services.
BY CLICKING THE “AGREE” BUTTON IN CARE.WALLET YOU INDICATE THAT: