Terms of Use.
A. Terms
THIS LEGAL AGREEMENT BETWEEN YOU AND PROFEE LEGAL SERVICES GOVERNS YOUR USE OF THE cHealth Brands (cAnswer, cHand, etc) PRODUCT, POWER OF ATTORNEY FOR THIS EPISODE OF CARE, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE,” YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.
Profee Legal Services is the provider of the Service, which permits you to utilize certain Internet services, including storing your personal content (such as contacts, calendars, photos, notes, reminders, documents, app data, and cHealth Brands (cAnswer, cHand, etc) email) and making it accessible on your compatible devices and computers, and certain location based services, only under the terms and conditions set forth in this Agreement. cHealth Brands (cAnswer, cHand, etc) is automatically enabled when you are running devices on iOS 9 or later and sign in with your User ID during device setup, unless you are upgrading the device and have previously chosen not to enable cHealth Brands (cAnswer, cHand, etc). You can disable cHealth Brands (cAnswer, cHand, etc) in Settings. When cHealth Brands (cAnswer, cHand, etc) is enabled, your content will be automatically stored by Profee Legal Services on Profee Legal Services's or third party providers' servers, so you can later access that content or have content wirelessly pushed to your other cHealth Brands (cAnswer, cHand, etc)-enabled devices or computers.
I. REQUIREMENTS FOR USE OF THE SERVICE
A. Profee.me is a payment platform matching patients to the physician qualified to do a procedure; a marketplace where medical brands compete for power of attorney. Profee Legal Services negotiated discounts or rebates are confidential and proprietary. Payments may not include unbundled services such as anesthesia or a facility. All transactions are final
To use the Service, you cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Service. By accepting this Agreement, you represent that you understand and agree to the foregoing.
B. Devices and Accounts. Use of the Service may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. Profee Legal Services reserves the right to limit the number of cHealth Brands (cAnswer, cHand, etc) accounts ("Accounts") that may be created from a device and the number of devices associated with an Account. The latest version of required software may be required for certain transactions or features. You agree that meeting these requirements is your responsibility.
C. Limitations on Use. You agree to use the Service only for purposes permitted by this Agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. If your use of the Service or other behavior intentionally or unintentionally threatens Profee Legal Services’s ability to provide the Service or other systems, Profee Legal Services shall be entitled to take all reasonable steps to protect the Service and Profee Legal Services’s systems, which may include suspension of your access to the Service. Repeated violations of the limitations may result in termination of your Account.
If you are a covered entity, business associate or representative of a covered entity or business associate (as those terms are defined at 45 C.F.R § 160.103), You agree that you will not use any component, function or other facility of cHealth Brands (cAnswer, cHand, etc) to create, receive, maintain or transmit any “protected health information” (as such term is defined at 45 C.F.R § 160.103) or use cHealth Brands (cAnswer, cHand, etc) in any manner that would make Profee Legal Services (or any Profee Legal Services Subsidiary) your or any third party’s business associate.
D. Availability of the Service. The Service, or any feature or part thereof, may not be available in all languages or in all countries and Profee Legal Services makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws.
E. Changing the Service. Profee Legal Services reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service, provided that Profee Legal Services will give you 30 days’ advance notice of any material adverse change to the Service or applicable terms of service, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, catastrophic event, war, or other similar occurrence outside of Profee Legal Services’s reasonable control. With respect to paid cHealth Brands (cAnswer, cHand, etc) services, e.g. cHealth Brands (cAnswer, cHand, etc)+ as defined below, Profee Legal Services will not make any material adverse change to the Service before the end of your current paid term, unless a change is reasonably necessary to address legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or to avoid issues resulting from a natural disaster, a catastrophic event, war, or other similar occurrence outside of Profee Legal Services’s reasonable control. In the event that Profee Legal Services does make material adverse changes to the Service or terms of use, you will have the right to terminate this Agreement and your account, in which case Profee Legal Services will provide you with a pro rata refund of any pre-payment for your then-current paid term. Profee Legal Services shall not be liable to you for any modifications to the Service or terms of service made in accordance with this Section IE.
II. FEATURES AND SERVICES
A. Photos
1. cHealth Brands (cAnswer, cHand, etc) Photos. When you enable cHealth Brands (cAnswer, cHand, etc) Photos, your photos, videos, metadata and any edits that you make in the Photos App on your cHealth Product or Service (cAnswer, cHand, etc), device will be automatically uploaded and stored in cHealth Brands (cAnswer, cHand, etc), and then pushed to all of your other cHealth Brands (cAnswer, cHand, etc) Photos-enabled devices and computers. The photo and video resolution may vary depending on your device settings and available storage. You may download full resolution photos and videos at any time.
2. Shared Albums. If you use Shared Albums, Profee Legal Services stores any photos and videos you share until you delete them.
3. My Video Stream. When you use My Video Stream, Profee Legal Services stores photos taken on your cHealth Product or Service (cAnswer, cHand, etc) or uploaded from your computer for a limited period of time and automatically pushes the photos to your other Profee Legal Services devices that have My Photo Stream enabled.
B. Folder and File Sharing. When you use cHealth Brands (cAnswer, cHand, etc) Folder and File Sharing, Profee Legal Services stores any files you share until you delete them. You can access your shared files from any of your Profee Legal Services devices with cHealth Brands (cAnswer, cHand, etc) Drive enabled. You may give access to people to view, save, copy or edit these files. You have the option to give people the right to edit the files or to only view them. If you use cHealth Brands (cAnswer, cHand, etc) Folder and File Sharing to share files via a web link, these files will be publicly accessible to anyone who has been provided the web link.
D. Third Party Apps. If you sign in to certain third party apps with your cHealth Brands (cAnswer, cHand, etc) credentials, you agree to allow that app to store data in your personal cHealth Brands (cAnswer, cHand, etc) account and for Profee Legal Services to collect, store and process such data on behalf of the relevant third-party app developer in association with your use of the Service and such apps. The data that the app stores in your personal cHealth Brands (cAnswer, cHand, etc) account will count towards your storage limit. Such data may be shared with another app that you download from the same app developer.
1. Private or Anonymous. cHealth Brands may allow you to connect anonymous. If you choose to use your real name you accept that you are waiving your right to privacy.
2. Hide My Email or Cell phone. By chosen cHealth Brands I am accepting that my preferred method of communication with Pro Fee Legal Services, my Power of Attorney for this episode of care, is email or cell phone.
Some cHealth Brands (cAnswer, cHand, etc)+ features are not available in all countries or regions.
A. Use of Location-Based Services
Profee Legal Services and its partners and licensors may provide certain features or services that rely upon device-based location information using GPS (or similar technology, where available) and crowdsourced Wi-Fi access points and cell tower locations. To provide such features or services, where available, Profee Legal Services and its partners and licensors must collect, use, transmit, process and maintain your location data, including but not limited to the geographic location of your device and information related to your Account and any devices registered thereunder, including but not limited to your User ID, device ID and name, and device type.
III. SUBSCRIPTION UPGRADES
The cHealth Brands (cAnswer, cHand, etc)+ Subscription plans are available for purchase on a subscription basis.
A. Payment
By you upgrading to the cHealth Brands (cAnswer, cHand, etc)+ Subscription service and additional features, Profee Legal Services will automatically charge on a recurring basis the fee for the plan you choose, including any applicable taxes, to the payment method associated with your User ID
The applicable fee for an upgraded plan will take effect immediately; downgrades to your plan will take effect on the next annual or monthly billing date. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING PROFEE LEGAL SERVICES WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. If Profee Legal Services is unable to successfully charge your credit card or payment account for fees due, Profee Legal Services reserves the right to revoke or restrict access.
B. Right of Withdrawal
If you choose to cancel your subscription following its initial purchase or, if you are on an annual payment plan, following the commencement of any renewal term, you may do so by informing Profee Legal Services with a clear statement (see applicable address details in section “General” below) within 1 day from when you received your e-mail confirmation.
To meet the cancellation deadline, you must send your communication of cancellation before the 1-day period has expired.
B. Your Conduct
You agree that you will NOT use the Service to:
a. upload, download, post, email, transmit, store, share, import or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
b. stalk, harass, threaten or harm another;
c. if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends;
d. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another cHealth Brands (cAnswer, cHand, etc) user, an Profee Legal Services employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (Profee Legal Services reserves the right to reject or block services from those which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);
e. engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
f. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
g. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (“spoofing”);
h. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
i. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
j. plan or engage in any illegal activity; and/or
k. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.
C. Removal of Content
You acknowledge that Profee Legal Services is not responsible or liable in any way for any Content provided by you or others and has no duty to screen such Content. However, Profee Legal Services reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.
D. Access to Account and Content
Profee Legal Services reserves the right to take steps Profee Legal Services believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Profee Legal Services may, without liability to you, access, use, preserve and/or disclose your Account information and any Content to law enforcement authorities, government officials, and/or a third party, as Profee Legal Services believes is reasonably necessary or appropriate, if legally required to do so or if Profee Legal Services has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Profee Legal Services, its users, a third party, or the public as required or permitted by law. You acknowledge that Profee Legal Services is not responsible or liable in any way for any Content provided by others and has no duty to screen such Content. However, consistent with Profee Legal Services's privacy policy, Profee Legal Services reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may prescreen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.
VI. Software
A. Profee Legal Services’s Proprietary Rights. You acknowledge and agree that Profee Legal Services and/or its licensors own all legal right, title and interest in and to the Service, including but not limited to graphics, user interface, the scripts and software used to implement the Service, and any software provided to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms.
B. License From Profee Legal Services. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
C. Public Beta. From time to time, Profee Legal Services may choose to offer new and/or updated features of the Service (the “Beta Features”) for the purpose of providing Profee Legal Services with feedback on the quality and usability of the Beta Features. You understand and agree that your participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Profee Legal Services, and that Profee Legal Services is not obligated to provide you with any Beta Features. Profee Legal Services may make such Beta Features available to Program participants by online registration or enrollment via the Service. You understand and agree that Profee Legal Services may collect and use information from your Account, devices and peripherals in order to enroll you in a Program and/or determine your eligibility to participate. You understand that once you enroll in a Program you may be unable to revert to the earlier non-beta version of a given Beta Feature. In the event such reversion is possible, you may not be able to migrate data created within the Beta Feature back to the earlier non-beta version. Your use of the Beta Features and participation in the Program is governed by this Agreement and any additional license terms that may separately accompany the Beta Features. The Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. Profee Legal Services strongly encourages you to backup all data and information on your device and any peripherals prior to participating in any Program. You expressly acknowledge and agree that all use of the Beta Features is at your sole risk. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. Profee Legal Services may or may not provide you with technical and/or other support for the Beta Features. If support is provided it will be in addition to your normal support coverage for the Service and only available through the Program. You agree to abide by any support rules or policies that Profee Legal Services provides to you in order to receive any such support. Profee Legal Services reserves the right to modify the terms, conditions or policies of the Program (including ceasing the Program) at any time with or without notice, and may revoke your participation in the Program at any time. You acknowledge that Profee Legal Services has no obligation to provide a commercial version of the Beta Features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta Features. As part of the Program, Profee Legal Services will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Features. You agree that in the absence of a separate written agreement to the contrary, Profee Legal Services will be free to use any feedback you provide for any purpose.
VII. Termination
A. Voluntary Termination by You
You may delete your User ID and/or stop using the Service at any time. If you wish to stop using cHealth Brands (cAnswer, cHand, etc) on your device, you may disable cHealth Brands (cAnswer, cHand, etc).
B. Termination by Profee Legal Services
Profee Legal Services may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Service. Cause for such termination shall include: (a) violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your Account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by you in relation to the Service, provided that in the case of non-material breach, Profee Legal Services will be permitted to terminate only after giving you 30 days’ notice and only if you have not cured the breach within such 30-day period. Any such termination or suspension shall be made by Profee Legal Services in its sole discretion and Profee Legal Services will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service. In addition, Profee Legal Services may terminate your Account upon 30 days’ prior notice via email to the address associated with your Account if (a) your Account has been inactive for one (1) year; or (b) there is a general discontinuance of the Service or any part thereof. Notice of general discontinuance of service will be provided as set forth herein, unless it would not be reasonable to do so due to circumstances arising from legal, regulatory, or governmental action; to address user security, user privacy, or technical integrity concerns; to avoid service disruptions to other users; or due to a natural disaster, a catastrophic event, war, or other similar occurrence outside of Profee Legal Services’s reasonable control. In the event of such termination, Profee Legal Services will provide you with a pro rata refund of any pre-payment for your then-current paid term. Profee Legal Services shall not be liable to you for any modifications to the Service or terms of service in accordance with this Section VIIB.
C. Effects of Termination
Upon termination of your Account you may lose all access to the Service and any portions thereof, including, but not limited to, your Account, User ID, email account, and Content. In addition, after a period of time, Profee Legal Services will delete information and data stored in or as a part of your account(s). Any individual components of the Service that you may have used subject to separate software license agreements will also be terminated in accordance with those license agreements.
VIII. Links and Other Third Party Materials
Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Profee Legal Services may have no control over such third party sites and/or materials, you acknowledge and agree that Profee Legal Services is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Profee Legal Services shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
IX. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
PROFEE LEGAL SERVICES SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY.
PROFEE LEGAL SERVICES DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME PROFEE LEGAL SERVICES MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROFEE LEGAL SERVICES AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, PROFEE LEGAL SERVICES AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
PROFEE LEGAL SERVICES DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND PROFEE LEGAL SERVICES DISCLAIMS ANY LIABILITY RELATING THERETO.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
PROFEE LEGAL SERVICES SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING LIMITATIONS DO NOT APPLY IN RESPECT OF LOSS RESULTING FROM (A) PROFEE LEGAL SERVICES’S FAILURE TO USE REASONABLE SKILL AND DUE CARE; (B) PROFEE LEGAL SERVICES’S GROSS NEGLIGENCE, WILFUL MISCONDUCT OR FRAUD; OR (C) DEATH OR PERSONAL INJURY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROFEE LEGAL SERVICES AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF PROFEE LEGAL SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
INDEMNIFICATION
You agree to defend, indemnify and hold Profee Legal Services, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of this Agreement; (d) any action taken by Profee Legal Services as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) your violation of any rights of another. This means that you cannot sue Profee Legal Services, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or Content, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of Profee Legal Services’s conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your Account, and that this Agreement applies to any and all usage of your Account. You agree to comply with this Agreement and to defend, indemnify and hold harmless Profee Legal Services from and against any and all claims and demands arising from usage of your Account, whether or not such usage is expressly authorized by you.
X. GENERAL
A. Notices
Profee Legal Services may provide you with notices regarding the Service, including changes to this Agreement, by email to your cHealth Brands (cAnswer, cHand, etc) email address (and/or other alternate email address associated with your Account if provided), iMessage or SMS, by regular mail, or by postings on our website and/or the Service.
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Profee Legal Services as your Power of Attorney for this episode of care shall be governed by the arbitration laws of the State of Pennsylvania. You and Profee Legal Services agree to submit to the personal and exclusive jurisdiction of the courts. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
C. Entire Agreement
This Agreement constitutes the entire agreement between you and Profee Legal Services, governs your use of the Service and completely replaces any prior agreements between you and Profee Legal Services in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Profee Legal Services to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
ELECTRONIC CONTRACTING
Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
E. Privacy
Your use of the Service is subject to Profee Legal Services’s Privacy Policy, where you have accepted email and or text message as your preferred methods of communication and waived anonymity.
B. USING OUR SERVICES
PAYMENTS, TAXES, AND REFUNDS
You can acquire Content on our Services for free or for a charge, either of which is referred to as a “Transaction.” Each Transaction is an electronic contract between you and Profee Legal Services, and/or you and the entity providing the Content on our Services.
If your primary payment method cannot be charged for any reason (such as expiration or insufficient funds), you authorize Profee Legal Services to attempt to charge your other eligible payment methods in order from top to bottom as they appear on your account settings payments page. If we cannot charge you, you remain responsible for any uncollected amounts, and we may attempt to charge you again or request that you provide another payment method.
ACCOUNT
Using our Services and accessing your Content may require an User ID. An User ID is the account you use across Profee Legal Services’s ecosystem.
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