These Terms of Service describe the terms on which you may access and use this website, app, or service which is owned and operated by PocketClinic, INC. Think of this as your contract with us.
This User Agreement (the 'Agreement') set forth the terms and conditions upon which PocketClinic INC ('our' 'we' or 'PocketClinic') offers you ( 'you' 'your' or 'End-User'), access to use PocketClinic’s mobile application (the 'App') or website located at www.pocketclinic.ai (including any successor site) (the 'Website'). By clicking 'I Agree', by accessing the PocketClinic personal health record (the 'Service'), using the App, using the Website or otherwise indicating your assent, you agree to be bound by this Agreement. Additionally, by accessing the Website, you agree to be bound by PocketClinic’s Privacy Policy and all applicable laws. In the event of an inconsistency between this Agreement and the Privacy Policy, the terms of this Agreement shall control. Any reference to the singular in this Agreement includes the plural and vice versa and reference to a gender includes the other gender unless the context requires otherwise. Any reference to a 'person' in these this Agreement includes any individual, firm, unincorporated association or body corporate.
IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE, APP OR WEBSITE. THIS IS A LEGALLY ENFORCEABLE CONTRACT.
We are a personal health information retrieval and management service.
We cannot guarantee certain things.
Subject to End-User’s compliance with the terms and conditions of this Agreement, PocketClinic hereby grants to End-User a limited, personal, non-exclusive, non-transferable, ...
Your right to use the App is subject to limitations.
PocketClinic retains all intellectual property rights in and to the Service and the App and all related documentation interest (including all copyrights, patents, service marks, ...
Please respect our trademarks and intellectual property.
PocketClinic warrants that PocketClinic will use commercially reasonable efforts to cause the Service and the App to operate in substantial conformance with its published documentation....
We can't guarantee the availability of the website and application, or that it will be free of errors.
The Website, Service and/or the App are not intended to be, and must not be taken to be, the practice of medicine or other healthcare services by PocketClinic. Use of the Website,...
Please read our Privacy Policy.
You must either be 18 years or older or have parental permission to use the Website, Service and App.
EXCEPT AS SET FORTH IN SECTION 4.1, YOU UNDERSTAND AND AGREE THAT THE WEBSITE, SERVICE AND APP IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND THAT POCKETCLINIC DISCLAIMS ANY...
We are NOT responsible for certain things.
The parties acknowledge that the disclaimers and limitations set forth in this Section 4 are an essential element of this Agreement between the parties and the parties would not have entered into this Agreement without such disclaimers and limitations.
You agree to provide your own internet and cellular connection.
You are responsible for certain things.
You are responsible for notifying us of certain things.
We may stop providing the Service at any time.
We may terminate your use of the Service at any time.
Termination of the Service takes effect immediately.
The Service and the App may be subject to U.S. and other national export controls and economic sanctions. Individuals or entities owned or controlled, registered in, or related to Cuba, Iran, Sudan,...
In making and performing this Agreement, the parties are acting and shall act as independent contractors. Neither party is, nor will be deemed to be, an agent, legal representative, joint venturer or partner of the other party for any purpose.
In the event that PocketClinic is unable to perform its obligations under this Agreement because of acts of God, strikes, equipment or transmission failure, unavailability or poor performance of the Internet, or other causes reasonably beyond its control, PocketClinic shall not be liable to the End-User for any damages resulting from such failure to perform or otherwise from such causes.
This Agreement is governed by the laws of the State of New York, without regard to its choice of law provisions. The courts of general jurisdiction located within New York, New York,...
Any disputes regarding the Website, the App or the Service will be resolved through arbitration.
BY ENTERING INTO THIS AGREEMENT, YOU AND POCKETCLINIC ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF...
The Website may post links to third-party websites, but they're not PocketClinic's and PocketClinic is not responsible for them.
Either party may disclose the existence of this Agreement but may not represent to any third party any positions, statements, intentions or other actions on behalf of the other.
End-User may not assign any of its rights or privileges, or delegate any of its duties or obligations hereunder to any third party without the prior written consent of PocketClinic...
All notices and other communications hereunder shall be in writing and shall be deemed effective when delivered by hand, facsimile transmission, reputable overnight delivery service,...
If these terms change, we will notify you by posting the changes here.
A waiver by either party of a breach or violation of any provision of this Agreement will not constitute or be construed as a waiver of any subsequent breach or violation of...
If any provision of this Agreement is held to be unenforceable, it shall be severed and the remaining provisions will remain enforceable. The severed provision will be replaced by an...
A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to use of our website to the same extent and subject to the...
The section titles of this Agreement are displayed for convenience only and have no legal effect.
Nothing in this Agreement shall be deemed to give any third-party rights or benefits.