TERMS & CONDITIONS
Effective Date: March 1, 2020
4. HEALTH CONTENT AND USAGE
8. LICENSE AND ACCESS
9. SUBSCRIPTIONS AND BILLING
10. ACCOUNTS AND REGISTRATION
11. CREATIVE IDEAS
12. OTHER SITES
13. USE OF SITE
15. LIMITED LIABILITY
16. CONFLICT RESOLUTION
18. UPDATING TERMS
21. ENTIRE AGREEMENT
When you visit the Site or communicate with ALZSmart, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
If you are using the Site on behalf of a company, entity, or organization, then you represent and warrant that you (a) are an authorized representative of such company, entity, or organization; (b) have the authority to bind such company, entity, or organization to these Terms; and (c) agree to be bound by these Terms on behalf of such company, entity, or organization.
4. HEALTH CONTENT AND USAGE
The Site contains information concerning health and safety. This information is intended for you to use in discussions with your physician or other qualified healthcare provider. ALZSmart encourages you to print out the any information for discussion with your healthcare provider. Please note that health content is not a substitute for professional medical advice, diagnosis, or treatment. ALZSmart cannot help you with individual medical questions. Always seek the advice of your physician or qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard, avoid or delay in obtaining medical advice from your doctor or other healthcare professional.
All content included on this Site, including images, illustrations, designs, icons, photographs, video clips, text, reviews, and other materials (collectively, the “Content”) is the property of ALZSmart or its licensors, partners or affiliates and is protected by United States and international copyright laws. Unauthorized use of any Content or materials on this Site is strictly prohibited and may violate copyright and trademark laws. If you wish to use any Content, you need the express written permission of ALZSmart. To inquire about obtaining authorization to use the materials or content on this Site, please contact us on our Contact Us page.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Notices must comply with the DMCA and be sent to ALZSmart using our Contact Us page.
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to ALZSmart, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of ALZSmart, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
8. LICENSE AND ACCESS
You have a limited license to use the Site for personal use only. This license does not permit you to (a) resell or make any commercial use of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read (this includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser); (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of Content or Marks in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
9. SUBSCRIPTIONS AND BILLING
The information below applies to consumers who subscribe to ALZSmart. We may require you to create an account in order to access ALZSmart. Only the account holder, and those with permission from the account holder, may create an account.
9.1 Subscriptions. We charge a subscription fee to access ALZSmart. You can find the specific details regarding your subscription at any time by logging in to ALZSmart and viewing your subscription details. Because the Services are offered in multiple time zones, for consistency, a “day” for purposes of this Agreement begins at 12:00 a.m. Pacific Time and ends at 11:59 p.m. Pacific Time of that same calendar day. Subscription fees are non-refundable. If you are a member of ALZSmart, then after your original subscription expires, it will automatically renew for additional periods equal in length to the original subscription period, unless you cancel before the renewal, and the cost of the renewal will be at the then-current rates. If you don't want your subscription to renew, you can cancel it before the renewal by logging into your account and following the cancellation instructions that are provided. If you cancel your subscription, you will still have access to the ALZSmart for the remainder of time you have already paid for.
9.2 Billing. By providing a credit card or other payment method for your subscription to the ALZSmart ("Payment Method"), you are expressly agreeing that we or an independent third-party selected by, but not affiliated with, us (the “Payment Service”) are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the term of your subscription, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method. If you want to use a Payment Method that is different from the one you used during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on ALZSmart and viewing your subscription details. When you provide a Payment Method to access a subscription, including in connection with a free trial offer, our Payment Service will attempt to verify the information you entered. The Payment Service will do this by processing an authorization hold, which is a standard practice. If your Payment Method expires and you do not update your Payment Method information or duly cancel your subscription before it automatically renews, you authorize the Payment Service to continue billing, and you will remain responsible for any uncollected amounts. If we are unable to obtain a valid Payment Method, we may, at our discretion, suspend and/or cancel your subscription and access to ALZSmart without further notice.
As used in this Agreement, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and in connection with every automatic renewal thereafter, unless and until you duly cancel your subscription or the Services are otherwise discontinued pursuant to this Agreement.
The Payment Service will automatically bill your Payment Method when on or about the same calendar day corresponding to your subscription cycle. For example, if you purchase a monthly subscription that begins on January 10, the Payment Service will bill your Payment Method January 10, February 10, March 10, and so on each month, unless and until you duly cancel your subscription. For subscribers whose subscription starts with a free trial, billing will commence upon the expiration of the free trial and continue monthly as set forth above. The interval of time between each payment due date shall correspond to the term of your subscription and be referred to herein as a "Billing Period." However, if your subscription commences on the 29th, 30th, or 31st in a given month, your Payment Method will be charged on the first day of the following month. For example, if you purchase your subscription on October 31, your Payment Method will be charged for the following month on November 1. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including for example due to free trials and other promotional offers, credits applied, changes in your subscription, changes in your Payment Method, and changes in applicable taxes, and you authorize us or the Payment Service to charge your Payment Method for the corresponding amounts.
If we offer you a promotion (e.g., a promotional price) for your subscription, the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you describing the particular promotion. In the case of promotional pricing, after your promotion ends, the Payment Service will begin billing your Payment Method for your subscription at the regular price after your promotion ends unless you duly cancel prior to the end of your promotion or unless otherwise disclosed in communications made available to you.
ALZSmart reserves the right to change the terms of your ALZSmart subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. If ALZSmart changes the subscription fee or other charges for your ALZSmart subscription, we will give you advance notice of these changes and you will have the opportunity to cancel your subscription prior to incurring the new charges. However, we will not be able to notify you of changes in any applicable taxes.
Very rarely, if there are special circumstances where ALZSmart determines it is appropriate (e.g., your access to the Services is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at ALZSmart's sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits or in the future under similar or different circumstances.
9.3 Ongoing Subscription. Your subscription will continue in effect unless and until you duly cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to this Agreement. You must cancel your subscription before your next payment date in order to avoid the next billing. The Payment Service will bill the renewal subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you duly cancel your subscription, cancellation will be effective at the end of the then-current Billing Period. This means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You will also forfeit any service or referral credits upon cancellation. PAYMENTS ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY-USED SUBSCRIPTION PERIODS.
9.4 HOW TO CANCEL YOUR SUBSCRIPTION.
IF YOU PURCHASED ALZSMART THROUGH US, YOU CAN CANCEL YOUR SUBSCRIPTION BY SIGNING INTO YOUR ALZSMART ACCOUNT AND FOLLOWING THE INSTRUCTIONS PROVIDED. YOU ARE RESPONSIBLE FOR CANCELING YOUR SUBSCRIPTION IF YOU NO LONGER WISH TO RECEIVE ALZSMART SERVICES.
IF YOU PAY FOR ALZSMART THROUGH YOUR ACCOUNT WITH A THIRD PARTY (E.G., DIGITAL DISTRIBUTION PLATFORMS) AND WANT TO CANCEL YOUR SUBSCRIPTION OR MANAGE YOUR BILLING, YOU NEED TO DO SO THROUGH YOUR ACCOUNT WITH SUCH THIRD PARTY. ALZSMART WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR THE RETURN OF ANY AMOUNTS YOU PAID TO A THIRD PARTY IN CONNECTION WITH YOUR SUBSCRIPTION TO ALZSMART.
9.5 Unpaid Amounts. It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to permit the Payment Service to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to permit the Payment Service or another third party to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
9.6 Free Trials. On occasion, we may offer free trials to ALZSmart for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the material describing the particular free trial or during your sign-up. Certain limitations may exist with respect to combining free trials with any other offers. ALZSmart reserves the right to determine eligibility for free trials.
Once your free trial period ends, the Payment Service will begin billing your Payment Method for your subscription fees (plus any applicable taxes), unless you duly cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you will be asked to set up a valid Payment Method when redeeming a free trial offer.
You will not receive a notice from ALZSmart that your free ALZSmart trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must duly cancel your subscription prior to midnight Pacific Time on the last day of your free trial period. You may cancel your subscription at any time as described in the "Ongoing Subscription and Cancellation" section of this Agreement. The Payment Service will continue to bill your Payment Method for your subscription on a recurring basis corresponding to the term of your subscription until you duly cancel or the account or applicable Service is otherwise suspended or discontinued pursuant to this Agreement. To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that ALZSmart will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may become effective immediately.
10. ACCOUNTS AND REGISTRATION
You are responsible for all uses of your account, including use of your account by other members of your household or Team. By allowing others to access your account or to create profiles within your account, you agree to be responsible for ensuring that they comply with this Agreement and you agree to be responsible for their activity using the Services.
You take full responsibility for your use of ALZSmart. All registration information you submit must be accurate and must be kept updated by you. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your account.
You are responsible for maintaining the confidentiality of all your passwords and are responsible for all use of your account. It is therefore critical that you do not share your account information with anyone. Please keep your password confidential. Notify us by email using the customer support form available from our Contact Us if you suspect any unauthorized use of your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may not (i) select or use as a username, a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. ALZSmart reserves the right to refuse registration of, or cancel, a username, in its sole discretion. It is your responsibility to notify us of any changes in such information, including, but not limited to your contact information. You may be held liable for losses incurred by ALZSmart or any other ALZSmart user or visitor in the event someone else uses your account as a result of your failure to keep your account information secure and confidential and you agree to indemnify ALZSmart from any third-party claims arising from such actions. You agree not to use the account, username, email address or password of another member or subscriber at any time and not to allow any other person to use your account. You may add team members to your account only through a Team membership. You agree to notify ALZSmart immediately if you suspect any unauthorized use of, or access to, your account or password. ALZSmart shall retain the right to change your username, but no obligation, for any reason, including, without limitation, if the username you have selected violates this Agreement. ALZSmart shall also retain the right, but no obligation, to review any profile pictures provided by you.
We reserve the right to immediately terminate or restrict your ALZSmart subscription or your use of the Services or access to Content at any time, for any or no reason, without prior notice, and we shall have no liability to you for any such termination. Furthermore, even after your account subscription and/or access to ALZSmart is terminated by you or ALZSmart, this Agreement will remain in full force and effect with respect to your past and future use of ALZSmart. One reason we may terminate your ALZSmart subscription or your use of the Services or access to Content is if such use places an undue burden on our networks or servers. Alternatively, we may use technology to limit activities, such as the number of calls to the ALZSmart servers being made, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them.
If we terminate your user ALZSmart subscription and/or access to ALZSmart (or any portion of ALZSmart), you may not create a new account, purchase a new subscription or try to access the ALZSmart without ALZSmart's prior written approval. You agree that your account and/or subscription is non-transferable. Any rights to your account and/or ALZSmart terminate upon your death.
11. CREATIVE IDEAS
We appreciate hearing from the public and welcome your comments regarding the Site. If you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will (a) own, exclusively, all now known or later discovered rights to the Creative Ideas; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
12. OTHER SITES
The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
13. USE OF SITE
You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
- frame or link to the Site without permission;
- use data mining, robots, or other data gathering devices on or through the Site;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person or harass, abuse, or post objectionable material;
- sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms;
- use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability; or
- access the Site from a jurisdiction where it is illegal or unauthorized.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Site at your own risk. We make no promises and disclaim all liability of specific results from the use of the Site.
Released Parties Defined. “Released Parties” include ALZSmart, ALZSmart, Inc. and its owners, affiliates, officers, employees, agents, partners, licensors, and shareholders.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
15. LIMITED LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL 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 OR OTHER INTANGIBLE LOSSES (EVEN IF ALZSMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $10.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
16. CONFLICT RESOLUTION
These Terms and the relationship between you and us will be governed by the laws of the State of Washington without regard to its conflict of law provisions. You agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in the city of Seattle, WA. You agree to submit to the exclusive jurisdiction of arbiters in this forum and agree to waive all claims of personal or subject matter jurisdiction, to the extent permissible.
You also acknowledge and understand that, with respect to any dispute arising out of or relating to your use of the Site:
- YOU AGREE TO ARBITRATION
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.
18. UPDATING TERMS
From time to time, we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. We will notify you if these Terms are updated.
Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.
21. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and us with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site, except as specifically set forth in these Terms. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other contracts. Any rights not expressly granted herein are reserved.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.