Effective Date: April 1, 2017
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions of Use (the “Terms and Conditions”). If you do not agree to all of these Terms and Conditions of use, do not use this site.
Buoy Health, Inc. (“Buoy Health”) may revise and update these Terms and Conditions at any time. Your continued usage of the Buoy Health website (the “Buoy Health Site” or the “Site”) will mean you accept those changes.
Buoy Health Does Not Provide Medical Advice
The contents of the Buoy Health Site, such as text, 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 and Access to 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 your compliance with, and during the term of, this Agreement, Buoy Health grants you a non-exclusive, personal, non-transferable, non-sublicensable limited license to access the Site for your own internal, non-commercial purposes in accordance with these Terms and Conditions. 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.
Liability of Buoy Health
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.
The Buoy Health Site and the Content are provided on an “as is” basis. Buoy Health, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER 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.
In no event shall Buoy Health be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) 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. Buoy Health shall be liable only to the extent of actual damages incurred by you, but such amount shall not exceed U.S. $1,000.00. Buoy Health is not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date on which the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
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.
Searches and 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 officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Buoy Health is based in the United States of America with principal offices in Boston, Massachusetts. Buoy Health makes no claims that Buoy Health, the Buoy Health Site or the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Buoy Health Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with Buoy Health, or in any way relating to your use of the Buoy Health Site, resides in the courts of The Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of The Commonwealth of Massachusetts in connection with any such dispute including any claim involving Buoy Health or its affiliates, subsidiaries, employees, contractors, officers, directors and telecommunication providers.
These Terms and Conditions are governed by the internal substantive laws of The Commonwealth of Massachusetts, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid or unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. In lieu of the invalid or unenforceable provision, the parties will substitute or add as part of this Agreement a valid and enforceable provision that will be as similar as possible in economic and business objectives as was intended by the invalid or unenforceable provision. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Takedown Procedures; and Copyright Agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Buoy Health’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Buoy Health’s agent for copyright issues relating to this web site is as follows:
Buoy Health, INC.
527 Massachusetts Avenue, Apt #4
Boston, MA 02118
Attention: Adam Lathram
In an effort to protect the rights of copyright owners, Buoy Health maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.