Effective Date: February 9th, 2019
PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE "TERMS") CAREFULLY BEFORE USING THE BUOY HEALTH WEBSITE, THESE TERMS GOVERN YOUR USE OF THE WEBSITE AND ALL TOOLS, RESOURCES AND SERVICES OFFERED THROUGH THE WEBSITE (COLLECTIVELY, THE "BUOY HEALTH SITE" OR THE "SITE").
By clicking on the "I Accept" button, registering for an account, and or browsing or using the Site, you represent that (1) you agree to be bound by these Terms and that you are of a legal age to form a binding contract with Buoy Health, Inc. ("Buoy Health", "we" or "us"). If you do not agree to these Terms, do not use the Site. YOU MAY ONLY USE THE SITE IF YOU RESIDE IN THE UNITED STATES.
PLEASE BE AWARE THAT SECTION ENTITLED "DISPUTE RESOLUTION" OF THESE TERMS, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS.
We may revise and update these Terms at any time. When changes are made, we will make a new copy of the Terms available at the Site and update the Effective Date above. If we make any material changes, and you have registered with us to create an account we will also send an email to you at the last email address you provided to us. Any changes to the Terms will be effective immediately for new users and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have an account with us upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to such users. We may require you to provide consent to the updated Terms in a specified manner before further use of the Site is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site. Otherwise, your continued usage of the Site will mean you accept those changes. Please regularly check the Site to view the then-current Terms.
BUOY HEALTH DOES NOT PROVIDE MEDICAL ADVICE
THE CONTENTS OF THE BUOY HEALTH SITE, SUCH AS TEXT, INFORMATION, DATA, GRAPHICS, IMAGES, AND OTHER MATERIAL CONTAINED ON THE SITE ("CONTENT") ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE BUOY HEALTH SITE!
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. BUOY HEALTH DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE. RELIANCE ON ANY INFORMATION PROVIDED BY BUOY HEALTH, BUOY HEALTH EMPLOYEES, OTHERS APPEARING ON THE SITE AT THE INVITATION OF BUOY HEALTH, OR OTHER VISITORS TO THE SITE IS SOLELY AT YOUR OWN RISK.
THE SITE MAY CONTAIN HEALTH OR MEDICAL-RELATED MATERIALS THAT ARE SEXUALLY EXPLICIT. IF YOU FIND THESE MATERIALS OFFENSIVE, YOU MAY NOT WANT TO USE OUR SITE.
Ownership, Access to and Use of the Buoy Health Site
Buoy Health and its third-party licensors owns all right, title and interest in and to the Buoy Health Site and the Content, and all intellectual property rights contained therein, including, without limitation, all software code and algorithms underlying the operation of the Site, and all trademarks and copyrighted materials contained on the Site. Subject to these Terms, Buoy Health grants you a non-exclusive, personal, non- transferable, non-sublicensable, revocable and limited license to access the Site for your own internal, non- commercial purposes in accordance with these Terms. Except as expressly set forth in the previous sentence, you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Buoy Health Site or any intellectual property rights therein or related thereto without the prior written permission of Buoy Health.
"buoy" and other related graphics, logos, service marks and trade names used on or in connection with Site are the trademarks of Buoy Health and may not be used without permission in connection with any third- party products or services. Other trademarks, service marks and trade names that may appear on or in Site are the property of their respective owners.
We may update the Site, or any portion thereof, without notice to you.
As a part of Site, you may have access to materials that are hosted by another party. You agree that it is impossible for Buoy Health to monitor such materials and that you access these materials at your own risk.
The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Site or any portion of the Site, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other portion of the Site (including images, text, page layout or form); (c) you shall not use any metatags or other "hidden text" using our name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Site except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Site in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Site or any Content. Any future release, update or other addition to the Site shall be subject to the Terms. Buoy Health, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Site terminates the licenses granted by us pursuant to the Terms.
In order to access certain features of the Site, you may have to create an account. In registering an account on the Site, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form. You represent that you are (1) at least sixteen (16) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Site under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your account. The Buoy Health Site allows you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Buoy Health passwords or account. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your Buoy Health account and password; (3) promptly inform Buoy Health if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" links located at the bottom of every page of our Site.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Buoy Health has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an account or use the Site if you have been previously removed by us, or if you have been previously banned from any of the Site.
You must provide all equipment and software necessary to connect to the Site. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Site.
We may, but are not obligated to, monitor or review the Site and User Content (defined below) at any time. Without limiting the foregoing, we shall have the right, in its sole discretion, to remove any of your User Content for any reason (or no reason), including if such User Content violates the Terms or any applicable law. Although we do not generally monitor user activity occurring in connection with the Site or User Content, if Buoy Health becomes aware of any possible violations by you of any provision of the Terms, we reserve the right to investigate such violations, and we may, at its sole discretion, immediately terminate your license to use the Site, or change, alter or remove your User Content in whole or in part, without prior notice to you.
Disclaimers and Limitations of Liability
The use of the Buoy Health Site, and the Content is at your own risk. When using the Buoy Health Site, information will be transmitted over a medium that is beyond the control of Buoy Health. Accordingly, Buoy Health assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Buoy Health Site.
You acknowledge and agree that, to the extent permitted by applicable law, Buoy Health Site and the Content are provided on an "as is" and "as available" basis, with all faults. THE BUOY HEALTH PARTIES (DEFINED BELOW) DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Buoy Health makes no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Buoy Health Site.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THE BUOY HEALTH PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE BUOY HEALTH SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BUOY HEALTH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE BUOY HEALTH PARTIES BE LIABLE TO YOU FOR MORE THAN ONE THOUSAND DOLLARS (U.S. $1,000.00). THE FOREGOING LIMITATIONS ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A BUOY HEALTH PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A BUOY HEALTH PARTY'S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A BUOY HEALTH PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BUOY HEALTH AND YOU.
You acknowledge and agree that you are solely responsible for all information, data, content and other materials that you upload, post, email, transmit or otherwise make available through the Site ("User Content").
You acknowledge that Buoy Health has no obligation to pre-screen any User Content, although we reserve the right in our sole discretion to pre-screen, refuse or remove any User Content. Unless expressly agreed to by Buoy Health in writing elsewhere, Buoy Health has no obligation to store any of User Content and has no responsibility or liability for the deletion or accuracy of any User Content or the failure to store, transmit or receive transmission of User Content.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Buoy Health "Feedback" is at your own risk and that Buoy Health has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Buoy Health a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation, provision and improvement of the Site.
As a condition of your use of the Site, you agree not to use Site for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) either (a) take any action or (b) make available any User Content on or through Site that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (iii) interferes with or attempt to interfere with the proper functioning of Site or uses the Site in any way not expressly permitted by the Terms; or (iv) attempts to engage in or engage in, any potentially harmful acts that are directed against Site, including but not limited to violating or attempting to violate any security features of Site, using manual or automated software or other means to access, "scrape," "crawl" or "spider" any pages contained in Site, introducing viruses, worms, or similar harmful code into Site, or interfering or attempting to interfere with use of Site by any other user, host or network, including by means of overloading, "flooding," "spamming," "mail bombing," or "crashing" the Site.
Links to Other Sites
Buoy Health may provide links to third-party web sites. Buoy Health does not recommend and does not endorse the content on any third-party websites. Buoy Health is not responsible for the content of linked third-party sites, sites framed within the Buoy Health Site or third-party sites provided as search results, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
You agree to defend, indemnify, and hold Buoy Health, its third party health system partners, and their officers, directors, employees, agents, licensors, and suppliers ("Buoy Health Parties") harmless from and against any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) your User Content; (b) your violation of the Terms; (c) your violation of any rights of another party, including any users; or (d) your violation of any applicable laws, rules or regulations. Buoy Health reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any of the Buoy Health Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site. You agree that the provisions in this section will survive any termination of your account, the Terms or your access to the Site.
If Buoy Health becomes aware of any possible violations by you of these Terms, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, including by disclosing any of your information or User Content, any and all applicable legal authorities.
In the event that Buoy Health determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Site, we reserve the right to: (a) warn you via email, delete any of your User Content, terminate your account or your access to the Site, notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or pursue any other action which Buoy Health deems to be appropriate.
Term and Termination
The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Site unless terminated earlier in accordance with the Terms. Notwithstanding the foregoing, if you used the Site prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the Site (whichever is earlier). You may terminate your account or access to the Site at any time by closing your account and ceasing all use of and access to the Site. Termination of your account or access to the Site also includes deletion of your password and all related information, files and User Content associated with or inside your account (or any part thereof). Buoy Health will not have any liability whatsoever to you for any suspension or termination, including for deletion of your User Content. All provisions of the Terms which by their nature should survive, shall survive termination of your account or access to the Site, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
The Site can be accessed from countries around the world and may contain references to services and Content that are not available in your country. These references do not imply that Buoy Health intends to announce such services or Content in your country. The Site are controlled and offered by Buoy Health from its facilities in the United States of America. We makes no representations that the Site or Content are appropriate or available for use in other locations. Those who access or use the Site from other countries do so at their own volition and are responsible for compliance with local law.
Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with Buoy Health and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement.
You agree that any dispute or claim relating in any way to your access or use of the Site or to any aspect of your relationship with Buoy Health, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, and (2) you or Buoy Health may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
Arbitration Rules and Forum.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, The Corporation Trust Company at Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at https://www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Buoy Health will pay them for you. In addition, Buoy Health will reimburse all such JAMS's filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator.
The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Buoy Health. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial.
YOU AND BUOY HEALTH HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Buoy Health are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection entitled "Applicability of Arbitration Agreement" above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection's limitations as to a given claim for relief, than then claim must be severed from the arbitration and brought into the State or Federal Courts located in the Commonwealth of Massachusetts. All other claims shall be arbitrated.
30-Day Right to Opt Out.
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Buoy Health, Inc., 883 Boylston St, Floor 2, Boston, MA 02116 or contact@Buoyhealth.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Except as provided in the subsection entitled "Waiver of Class or Other Non-Individualized Relief" above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement.
This Arbitration Agreement will survive the termination of your relationship with Buoy Health.
Notwithstanding any provision in these Terms to the contrary, we agree that if Buoy Health makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30 days of such change becoming effective by writing Buoy Health at the following address: Buoy Health, Inc., 883 Boylston St, Floor 2, Boston, MA 02116.
The communications between you and Buoy Health use electronic means, whether you visit Site or send Buoy Health emails, or whether Buoy Health posts notices on the Site or communicates with you via email. For contractual purposes, you (1) consent to receive communications from Buoy Health in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Buoy Health provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Buoy Health's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Buoy Health shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Buoy Health agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the state or federal courts located in the Boston, Massachusetts.
The Terms and any action related thereto will be governed and interpreted by and under the laws of the Commonwealth of Massachusetts, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Where Buoy Health requires that you provide an email address, you are responsible for providing Buoy Health with your most current email address. In the event that the last email address you provided to Buoy Health is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Buoy Health's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Buoy Health at the following address: Buoy Health, Inc., 883 Boylston St, Floor 2, Boston, MA 02116. Such notice shall be deemed given when received by Buoy Health by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any portion of these Terms is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
You may not use, export, import, or transfer the Site or any portion thereof except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Site, and any other applicable laws.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210
The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.