MEDFLASHGO ALEXA SKILLS TERMS OF USE

Effective Date: March 1, 2019

This is a Terms of Use Agreement (“License”) for the “MEDFLASHGO AMAZON ALEXA SKILLS” (“Application”) between you and MEDFLASHGO LLC (“Licensor”). Please read this License before using the Application. You should also review any applicable usage rules or Amazon Alexa terms of service established by Amazon Digital Services LLC (together with its affiliates, “Amazon”) and its licensors (collectively, the “Usage Rules”). If you use the Application, you agree to be bound by the terms of this License and the Usage Rules. Do not use the Application if you do not agree to the terms of this License.

1. LICENSE: The Application and accompanying documentation is licensed, not sold or otherwise transferred to you by Licensor. You are hereby granted a limited, non-transferable, non-exclusive license to use the Application and the services provided by the Application (“Services”), and any upgrades to the Application that replace or supplement the Application, on any product or application that enables access to Amazon’s Alexa, such as the Amazon Echo device (“Alexa Enabled Product”) that you own or control as permitted by the Usage Rules for the purpose of accessing Licensor content through your Alexa Enabled Product. You may not use the Application on any device that you do not own or control. You may not rent, lease, lend, sell, redistribute or sublicense the Application, or distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not copy the Application other than as expressly permitted by this License and the Usage Rules, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works based in whole or in part on the Application, or any updates to the Application. You acknowledge that the Application or the Services contain proprietary content, information and material that is protected by copyright and other applicable intellectual property and other laws, and that you will not use such proprietary content, information or other materials in any way whatsoever except for permitted uses of the Application or the Services. No portion of the content provided via the Application or the Services may be reproduced in any way except as permitted under this License. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

2. SUBSCRIPTION; FEES; PAYMENT; CANCELLATIONS.

The service is currently available with a monthly subscription of $10/month. The fee may increase in the future.

Payments are processed through the Alexa device or app utilizing an Amazon.com account. Please visit the Amazon Alexa page for more information, currently located at: https://www.amazon.com/gp/mas/your-account/myapps/yoursubscriptions/ref=hp_ss_qs_v3_dv_ys.

There will be no refunds for purchases, but subscriptions can be canceled at any time.

3. SERVICE CONTENT: The Application and Services may enable access to Licensor’s or third party websites. Use of the Application or the Services may require internet and/or wireless access and that you accept additional terms of service. You understand that by using the Application or the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Application or the Services at your sole risk and that the Licensor shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. The 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 web sites. By using the Application or the Services, you acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience.

4. USER CONTENT: If you post or upload any content to the Application or the Services (“User Content”), you hereby acknowledge and agree that you are granting Licensor (including without limitation, its licensees, successors and assigns) a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to Licensor the foregoing license without infringing or violating the rights of any third party. Without in any way limiting the foregoing, you acknowledge and agree that Licensor, its licensees, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to Licensor under this License, and to display any advertising, publicity, promotional materials and distribution rights in connection with your User Content. You acknowledge and agree that Licensor, its licensees, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your User Content. Nothing in this License obligates or may be deemed to obligate Licensor or any other person or entity to exercise any of the rights granted by you under this License. You will not receive any compensation of any kind for your User Content or the use thereof, and you agree that there is no industry or other custom or practice that will vary the terms of this License. You agree that Licensor, its licensees, successors and/or assigns, shall have no obligation to give you credit for your User Content, but in their sole discretion may elect to do so.

5. TERMINATION: This License is effective until terminated. It may be terminated at any time, for any reason, by Licensor, including if Licensor discontinues the Application in its sole discretion. The License shall terminate automatically without notice from Licensor if you fail to comply or breach any terms of the License. Upon termination of the License, you must cease all use of the Application, and destroy any copies of the Application. Licensor has no responsibility or liability for maintaining the Application or providing support, including after this License has terminated.

6. CONSENT TO USE OF DATA: You acknowledge and agree that Licensor may collect and use technical data and related non-personally identifiable information, including but not limited to technical information about the device, system and application software you use to access the Application and Services to facilitate the provision of Application updates, product support related to the Application and Services. Such data may also be used to improve the Application and Services offered to you. Please refer to Licensor’s Privacy Policy [LINK], which is incorporated into this License by this reference, for the applicable terms regarding collection and use of information and data in connection with the Application and/or Services.

7. WAIVER OF WARRANTIES AND REPRESENTATIONS: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE APPLICATION IS AT YOUR SOLE RISK AND YOU BEAR ALL RISKS AS TO SATISFACTORY QUALITY, PERFORMANCE, EFFORT AND ACCURACY OF THE APPLICATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION, ANY UPGRADES AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE APPLICATION OR SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APPLICATION OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. NO ORAL OR WRITTEN INFORMATION GIVEN BY LICENSOR SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, AND YOU ASSUME THE ENTIRE BURDEN OR ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION.

WITHOUT LIMITING THE FOREGOING, LICENSOR DOES NOT GUARANTEE HIGHER OR PASSING SCORES THROUGH YOUR USE OF THE APPLICATION OR THE SERVICES, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. WHILE LICENSOR TAKES REASONABLE STEPS TO KEEP THE APPLICATION AND THE SERVICES UPDATED FROM TIME TO TIME, THE MATERIAL MAY NOT ALWAYS HAVE THE MOST UP-TO-DATE INFORMATION (E.G., IF THERE ARE RECENT CHANGES OR STUDIES IN THE MEDICAL LITERATURE).

YOU SHOULD NOT USE THE APPLICATION AS A WAY TO SEEK MEDICAL ADVICE AND SHOULD REFER TO YOUR PHYSICIAN FOR ANY MEDICAL NEEDS. LICENSOR DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED THROUGH THE APPLICATION OR THE SERVICES. RELIANCE ON ANY INFORMATION PROVIDED BY LICENSOR OR OBTAINED THROUGH THE APPLICATION OR THE SERVICES IS SOLELY AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION OR LIMITATIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AMAZON AND ITS RESPECTIVE AFFILIATES VENDORS, AGENTS AND SUPPLIERS, AS APPLICABLE, GIVE ANY WARRANTY, HAVE ANY RESPONSIBILITY OR HAVE ANY LIABILITY WITH RESPECT TO YOUR USE OF THE APPLICATION, OR ANY CONTENT OR FUNCTIONALITY IN THE APPLICATION, NOR SHALL THEY BE RESPONSIBLE FOR PROVIDING SUPPORT SERVICES WITH RESPECT TO THE APPLICATION.

8. LIMITATION OF LIABILITY: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF WORK, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of ten dollars ($10.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

9. GOVERNING LAW; JURISDICTION; JURY WAIVER; ARBITRATION; TIME TO BRING CLAIMS.

Governing Law

All matters relating to the License, your use of the Application or the Services, and this License and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of Pennsylvania or any other jurisdiction).

Jurisdiction; Jury Waiver

Any legal suit, action, or proceeding arising out of, or related to, the License, this License or your use of the Application or the Services shall be instituted exclusively in the federal courts of the United States or the courts of Pennsylvania in each case located in Philadelphia County, Pennsylvania, although we retain the right to bring any suit, action, or proceeding against you for breach of this License in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. YOU IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE LICENSE, THIS LICENSE OR YOUR USE OF THE APPLICATION OR THE SERVICES.

Arbitration

At Licensor’s sole discretion, it may require You to submit any disputes arising from or related to this License, the Application, or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS LICENSE OR THE APPLICATION OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

10. MISCELLANEOUS

Waiver and Severability

No waiver by Licensor of any term or condition set forth in this License shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Licensor to assert a right or provision under this License shall not constitute a waiver of such right or provision.

If any provision of this License is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this License will continue in full force and effect.

Entire Agreement

This License and our Privacy Policy constitute the sole and entire agreement between you and Licensor with respect to the License the Application or the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect thereto.

Your Comments and Concerns

This Website is owned and operated by MedFlashGo LLC, located at 2200 Benjamin Franklin Parkway Apt N1512, Philadelphia, PA, 19130, USA. All notices of copyright infringement claims should be sent in writing to: 2200 Benjamin Franklin Parkway Apt N1512, Philadelphia, PA, 19130 or via email to: thehappydoc1@gmail.com. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: thehappydoc1@gmail.com.