Terms of Use

 
 

BY USING THIS GAUZE LLC WEB APPLICATION, MOBILE APPLICATIONS, AND API (THE “APPLICATION”), YOU (THE “USER”) ACCEPT THESE TERMS OF USE (“TERMS”).  THESE TERMS CONSTITUTE A BINDING AGREEMENT, GOVERNING USE OF THE APPLICATION, BETWEEN USER AND GAUZE LLC, INCLUDING ITS SUBSIDIARY, RELATED, AND AFFILIATED COMPANIES (INDIVIDUALLY OR COLLECTIVELY “GAUZE”).  BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS AND WARRANTS TO GAUZE THAT USER WILL NOT USE THE APPLICATION FOR ANY PURPOSES THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS.  SHOULD USER NOT ACKNOWLEDGE AND AGREE TO THESE TERMS, USER MUST IMMEDIATELY UNINSTALL THIS APPLICATION AND DISCONTINUE ITS USE.  CONTINUED USE OF THE APPLICATION SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM.  IF GAUZE IS INFORMED THAT USER IS MAKING A POSSIBLY UNLAWFUL OR PROHIBITED USE OF THE APPLICATION, GAUZE MAY UNILATERALLY DENY USER FURTHER ACCESS TO THE APPLICATION.  GAUZE MAY AT ANY TIME AND AT ITS SOLE DISCRETION MODIFY THESE TERMS BY POSTING REVISIONS ON ITS WEBSITE http://www.gauze.net OR WITHIN THIS APPLICATION.  SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING, AND USER’S CONTINUED USE OF THE APPLICATION AFTER THE MODIFICATIONS HAVE BECOME EFFECTIVE SHALL BE DEEMED USER’S CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS.

 

End-User License

Subject to these Terms, GAUZE grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal use only on Apple iOS and Android OS devices owned or controlled by User (“Device”) in accordance with the terms of agreement with User’s mobile network provider and these Terms (“User License”).  Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application (“Content”) is prohibited.  These Terms and User License also govern any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

 

User Information

Application features, such as the hospital, physician and pharmacy locators, feedback, account management, and interaction with social media sites, may use, maintain, or transmit User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including credit card information), GPS location information, health information, and information for and from third-party social-media accounts (collectively “User Information”).  By using the Application, User consents to the transmission of User Information to GAUZE, including its agents and third-party partners, and consents to GAUZE, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Application functionality and for the purposes identified in these Terms.

 

Prohibited Uses

Use of the Application is limited to the contemplated functionality.  User agrees to use the Application in a manner consistent with all applicable laws and regulations.  User agrees not to: (a) interfere with or disrupt the Application or servers or networks hosting or connected to the Application; (b) transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer hardware or software; (c) provide false or misleading information or impersonate any person or entity; or (d) create a link to, or otherwise link over from your Device, website or web page to the Application, or the website or webpage of GAUZE without the written consent of GAUZE.

 

Privacy and Security

The User is solely responsible for the confidentiality and security of User Information sent from or stored on the Device by the Application.

User will create a username and password upon completing the registration process for the Application. It is User’s responsibility to keep the username and password secure and confidential so that only User, or someone authorized by User, can gain access to User’s information.  USER INFORMATION MAY CONTAIN SENSITIVE INFORMATION, INCLUDING, BUT NOT LIMITED TO, PREGNANCY, HIV/AIDS, DRUG, ALCOHOL AND SEXUALLY TRANSMITTED DISEASE INFORMATION, GENETIC DISEASE, OR GENETIC TESTING, AND USER ACKNOWLEDGES AND AGREES THAT SUCH SENSITIVE INFORMATION MAY BE VIEWED AND PRINTED THROUGH THE APPLICATION.  User’s username and password are crucial elements of protecting the privacy and confidentiality of User Information.  If User thinks an unauthorized individual has learned the username and/or password, immediately log into Application and change the username and/or password.

Though GAUZE uses state-of-the art security, no system can eliminate 100% of the risks of intentional intrusion or inadvertent disclosure of information.  When using the Application, User Information will be transmitted over a wireless network, a medium that is beyond GAUZE’s control.  As a result, while GAUZE takes steps to protect User Information, GAUZE cannot ensure or warrant the security of any information sent from or stored on the Device.  USER HEREBY EXPRESSLY ASSUMES THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTIN OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE APPLICATION.

 

User-Generated Content

User may generate content, written or otherwise, while using the Application (“User-Generated Content”).  User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added to, adapted, and published by GAUZE (for example, in product marketing campaigns).  User grants GAUZE and its successors a worldwide, irrevocable, transferrable, sub-licensable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Content.  User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.

 

Disclaimer of Content

THE APPLICATION IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL DIAGNOSIS, TREATMENT OR CONSULT. ANY INFORMATION RECEIVED BY USING THE APPLICATION SHOULD NOT BE RELIED ON TO SUGGEST A COURSE OF TREATMENT FOR USER. USE OF THE APPLICATION DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP.  IT SHOULD NOT BE USED IN PLACE OF A VISIT, CALL, CONSULTATION OR THE ADVICE OF USER’S PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER. INFORMATION INCLUDED IN THE APPLICATION IS NOT EXHAUSTIVE AND DOES NOT COVER ALL DISEASES, AILMENTS, PHYSICAL CONDITIONS OR THEIR TREATMENT. SHOULD USER HAVE ANY HEALTHCARE RELATED QUESTIONS, CALL OR SEE USER’S PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER PROMPTLY. ALWAYS CONSULT WITH A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE EMBARKING ON A NEW TREATMENT. USER SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN THE APPLICATION. GAUZE DOES NOT DIRECTLY OR INDIRECTLY PRACTICE MEDICINE OR DISPENSE MEDICAL SERVICES AS PART OF THE APPLICATION. GAUZE LIKEWISE DOES NOT ENDORSE OR APPROVE OF ANY OF THE PROVIDERS LISTED WITHIN THE GAUZE DATASET; ALL UTILIZATION OF HEALTHCARE PROVIDERS COME AT THE USER’S OWN RISK.

 

Termination

User acknowledges and agrees that GAUZE may suspend or terminate User’s account and/or deny User access to or use of all or part of the Application without prior notice at any time for any reason.  GAUZE reserves the right to terminate inactive User accounts in its sole discretion.

 

Copyright and Trademark Notice

All content used in connection with the Application is copyrighted by GAUZE, protected by the copyright laws of the United States of America, and is the property of GAUZE.  Copyright, trademark, patent, and other applicable laws protect the content, services and materials appearing on the Application, and no material on the Application is in the public domain. All materials on the Application may be accessed, downloaded or printed for User’s personal use. User shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and User shall comply with any applicable end user license agreements.  No other use of materials in connection with the Application may be made without express written permission of GAUZE. The Application is owned by GAUZE. Other names, trademarks, service marks, and logos of GAUZE appearing on the Application may not be used in any advertising or publicity, or otherwise to indicate GAUZE’s sponsorship of or affiliation with any product or service without express written permission of GAUZE. Nothing contained on the Application should be construed as granting, by implication, estoppels, waiver or otherwise, any license or right of use to any trademark displayed on the Application without the written permission of GAUZE or the third party owner of the trademark, if any. The Application may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

 

Use of Third Party Materials

GAUZE wants to provide users of the Application with information, services, and products that are valuable to them. Featured programs and other site content within the Application may link User to third party sites. GAUZE does not control and is not responsible for the terms and conditions, privacy policies or practices of any third-party sites. If you link to third party sites from the Application, GAUZE encourages User to consult the policy statements of each site User visits.

GAUZE makes no representations whatsoever about any other website or mobile application that you may access though the Application. When you access a non-GAUZE mobile application or website, please understand that it is independent from GAUZE, and that GAUZE has no control over the content on that mobile application or website. In addition, a hyperlink to a non-GAUZE mobile application or website does not mean that GAUZE endorses or accepts any responsibility for the content, or the use, of the linked application or site. It is up to User to take precautions to ensure that whatever User selects for use or download from that application or site is free of such items as viruses, worms, trojan horses, and other items of a destructive nature, and that such use or download complies with copyright and other applicable laws.

 

Disclaimer of Warranty

THE APPLICATION AND THE CONTENT CONTAINED THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GAUZE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE OPERATION OF THE APPLICATION, OR THE CONTENT, PRODUCTS AND/OR SERVICES INCLUDED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  ACCESS TO THE APPLICATION MAY BE INTERRUPTED AND THE CONTENT CONTAINED THEREIN MAY NOT BE ERROR FREE.

 

Limitation of Liability

USER’S USE OF THE APPLICATION, ANY CONTENT ON THE APPLICATION, AND/OR THE SERVICES RECEIVED VIA THE APPLICATION IS AT USER’S OWN RISK.  GAUZE SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE APPLICATION OR THE SERVICES, EVEN IF GAUZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL GAUZE, ITS OFFICERS, DIRECTORS, EMPLOYEES, INTERNS, AGENTS, PARTNERS, SUPPLIERS, SUCCESSORS, ASSIGNS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE APPLICATION OR THE INFORMATION, SERVICES AND MATERIALS CONTAINED HEREIN, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OR INABILITY TO USE THE APPLICATION, (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE APPLICATION, (C) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF USER INFORMATION, OR (d) ANY OTHER MATTER RELATED TO THE APPLICATION.  GAUZE’S MAXIMUM LIABILITY TO USER SHALL NOT EXCEED THE AMOUNT OF FEES PAID FOR USE OF THE APPLICATION, IF ANY.  USER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION WILL BE TO STOP USING IT.

USER ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE APPLICATION WOULD NOT BE PROVIDED TO USER ABSENT SUCH LIMITATIONS.

 

Indemnification

User agrees to indemnify, defend and hold harmless GAUZE, its officers, directors, employees, interns, agents, partners, advertisers and suppliers from any liability, loss, claim, and expense (including attorneys’ fees) resulting from a violation of these Terms of Use, or any activity relating to the use of the Application, including without limitation, infringement of third parties’ worldwide intellectual property rights, negligent, or wrongful conduct by User or any other person at User’s direction using or accessing the Application.  User’s obligations under this paragraph shall survive and continue in full force and effect after the expiration or termination of User’s account or the Application itself.

 

Choice of Law and Venue

User agrees that these Terms of Use, as well as any suit, action, or proceeding arising out of or in connection with any dispute relating to the Application shall be construed in accordance with the laws of the State of Florida, excluding any conflicts of laws provisions. These Terms of Use are entered into in the State of Florida, U.S.A. Each party to these Terms of Use submits to the exclusive jurisdiction of the state and federal courts in the State of Florida, U.S.A., and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

 

Special Admonitions for International Use

Recognizing the global nature of the wireless networks in general and the Application specifically, User agrees to comply with all local rules regarding wireless conduct, personal health information and the content or services made available via the Application.  User agrees to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which User resides.

 

Age Restriction

Only individuals eighteen (18) years of age or older may use the Application.

 

Third Party Beneficiary

User agrees that GAUZE’s service providers, licensors, or others involved in creating or providing the Application are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, Disclaimer of Content, Disclaimer of Warranties, and Limitation on Liability.