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Terms and Conditions for Users


This Terms and Conditions (“T&C Policy”) describes the policy for the Platform users and visitors, including doctors, hospitals, clinic Staff, and Patients in general who subscribe to EMVOKE Technologies Private Limited or its brand https://clinic.fitplush.com/, FitPlush clinics and FitPlush services.

Please read the following terms and conditions very carefully, as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).


General

EMVOKE Technologies Private Limited or its brands FitPlush Clinics and FitPlush (hereinafter together referred to as “https://clinic.fitplush.com/ / platform/app/platform/ app/Application”) is operated by EMVOKE Technologies Private Limited (hereinafter to be referred to as “ Company” or “We” or “we” or “Our” or “our” or “Us” or “us”), a company duly incorporated under the provisions of the Companies Act, 2013. Use of the website/platform/app/platform/app is offered to you, subject to your acceptance of all the terms, conditions, and notices contained in these Terms, including applicable policies, which are incorporated herein by reference, along with any amendments/modifications made by the Company at its sole discretion and posted on the website/platform/app/platform/app, including by way of imposing an additional charge for access to or use of a service(s). For the purpose of these Terms of Use, wherever the context so requires, ” you, or “user, or “your” shall mean any natural or legal person who has agreed to become a user on the website/ platform/app/platform/app as per the terms laid down below. The company shall not be required to notify you, of any changes made to the terms and conditions. The revised terms shall be made available on the Website / platform / app. Your use of the website/ platform / app and the services is subject to the most current version of the Terms made available on the website / platform / app at the time of such use. You are requested to regularly visit the website / platform / app to view the most current Terms. It will be your responsibility to check the terms periodically for changes. The company may require you to provide your consent to the updated terms in a specified manner prior to any further use of the website / platform / app and the services provided on the website / platform / app. If no such separate consent is sought, your continued use of the Website / platform / app following changes to the terms, will constitute your express acceptance of those changes.


Terms of Use

  1. By accessing the website / platform / app, using it, or subscribing to or using any of our services, you agree that you have read, understood, and are bound by the Terms. These Terms constitute a legal and binding contract between you on one part and the company on the other part as per the provisions of the Information Technology (Intermediaries Guidelines) Rules, 2011 formulated under the Information Technology Act of 2000 and the Telemedicine Practice Guidelines (“TP Guidelines”).
  2. By accessing the website / platform / app, you agree to give your consent to avail tele consulting and advisory services as per the terms provided hereunder or any other terms which may be applicable to you from time to time.
  3. This electronic record is generated by a computer system and does not require any physical or digital signatures.
  4. If you do not want to be bound by the Terms, do not access, browse, or in any way transact on the website / platform / app, or avail any services.
  5. You also give your consent to the practitioner and the company to refer you to healthcare service providers after your consultation.

Privacy Policy

Kindly refer to our privacy policy on the main page. By using the website / platform / app or subscribing to the services offered by us, you hereby consent that you have read and fully understood the said privacy policy. You further agree that the terms and contents of such a privacy policy are acceptable to you


Eligibility to use

Use of the website / platform / app is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Thus, if you are a minor, i.e., under the age of 18, you may use it only with the involvement of a parent or guardian. The company assumes no responsibility or liability for any misrepresentation of your age.

User Account, Password and Security

  1. For the purposes of availing the services through the website / platform / app, we may collect certain information from you, including, without limitations:
    1. Name; including clinic name, doctor name, patient name, relative name etc.
    2. Clinic Registration Details.
    3. Doctor sensitive data, including doctor personal details, registration, practice, license no, degrees, certifications, clinic license and other related info.
    4. User ID for doctors, medical staff, patients, and users.
    5. Medical data, records, and reports as updated on the platform, migrated, or otherwise.
    6. Email address.
    7. Address (including country and ZIP/ postal code).
    8. Gender.
    9. Age.
    10. Phone number
    11. Password chosen by you.
    12. Billing information including credit card, billing address and other payment information.
    13. Other details that are needed for availing 3rd-party services like Google Calendar and Conferencing for managing bookings and online appointments.
    14. Other details that are needed for availing 3rd-party services like Google Analytics and other tools for enhancing the web experience.
  2. You shall ensure that the information provided by you is true, complete, accurate, and up to date.
  3. Use of another user’s information to avail the services offered by the company is expressly prohibited.
  4. If you provide any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current or incomplete), or company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, company has the right to suspend or terminate your account.
  5. We reserve the right to terminate your registration and / or refuse to provide you with access to the website / platform / app if it is brought to company’s notice or if it is discovered that you are under the age of 18 years.
  6. We reserve the right to refuse access to use the services offered at the website / platform / app to new users or to terminate access granted to existing users at any time without giving any reasons for doing so and you shall have no right to object to the same.
  7. You will be responsible for maintaining the confidentiality of the account information and are fully responsible for all activities that occur under your account.
  8. You agree to
    1. immediately notify Company in writing about any compromise of your account or account information or any other breach of security, non-compliance of TP Guidelines, for which email notification should suffice, and
    2. ensure that you exit / log out from your account at the end of each session.
  9. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You may be held liable for losses incurred by company or any other user of or visitor to the website / platform / app due to authorised or unauthorised use of your account as a result of your failure in keeping your account information secure and confidential or otherwise.
  10. The Website / platform / app uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by us for the technical administration of the website / platform / app, research and development, and for user administration. In the course of serving advertisements or optimizing services to you, we may allow authorized third parties to place or recognize a unique cookie on your browser. We do not store personally identifiable information in the cookies.

Limited User

  1. The website / platform / app does not screen or censor the users who register on and access the website / platform / app. You assume all the risk associated with dealing with other users with whom you come in contact through the website / platform / app. You agree to use the website / platform / app only for lawful purposes without infringing the rights or restricting the use of the website / platform / app by any third party.
  2. You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, download, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the website / platform / app.
  3. You agree and undertake to use the website / platform / app and service only to post and upload messages and material that are proper. By way of illustrations, and not as a limitation, you agree and undertake that when using a Service, you will not:
    1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
    2. Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
    3. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents
    4. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website / platform / app or another’s computer.
    5. Conduct or forward surveys, contests, pyramid schemes, or chain letters.
    6. Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such a manner.
    7. Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
    8. Violate any code of conduct or other guidelines, which may be applicable to or to any particular Service.
    9. Violate any applicable laws or regulations for the time being in force in or outside India; and
    10. Violate, abuse, unethically manipulate, or exploit any of the terms and conditions of this agreement or any other terms and conditions for the use of the website / platform / app contained elsewhere.

Clinic Operations

Fitplush website / platform / app provides resources for doctors, clinicians and its staff to manage their clinic operations for both a physical clinic or a virtual / online clinic. Doctors and clinic staff can use Fitplush to book appointments, manage patients, create and store prescriptions and case sheets, store patient vitals, medical history reports etc. Clinic staff can also manage clinic patient invoices and inventory.


Tele Consult / Tele Advisory Services

Fitplush website / platform / app provides resources which connects users directly to practitioners in real time, Calendar bookings, video conferencing, telephone and/or secure messaging for the tele- consulting over the internet, as well as providing other types of administrative services and information (“Tele consult / advisory Services”). All of the participating practitioners are independent subscribers / consultants, and Fitplush website / platform / app in itself does not provide any telemedicine services. The practitioners are solely responsible for the tele-advisory Services. As telemedicine is still an evolving mandate and as per changing guidelines, especially during Covid19 Fitplush facilitates through video and online connect between both patients and doctors. However, online, and tele-consulting and advisory are by nature in no way a replacement for physical examination and physical in clinic – hospital meetings. We advise doctors / clinics to act and inform their patients accordingly. In no circumstance is Fitplush responsible for Tele advisory.


Definitions

  1. Tele-consult / advisory means the delivery of health care services, where distance is a critical factor, by all health care professionals using information and communication technologies for the exchange of valid information for diagnosis, treatment, and prevention of disease and injuries, in the interests of advancing the health of individuals and their communities. The primary modes for tele-medicine would include, inter alia, video; audio or text (chat, images, messaging, emails, fax etc.).
  2. User/you means a patient, his/her representatives or affiliates, or any other person using your registered account searching for practitioners through the website / platform / app.
  3. FitPlush collects proof of the registered clinic and its prime practitioner or doctor as records. However, all doctors added by clinics are their own responsibility and managed by the clinics themselves. As a platform, Fitplush does not play a role in mandating the internal operations of the clinic and its staff. Though at Fitplush we take Doctor registration provisions and necessary mandates seriously. Here in a practitioner means a doctor in a clinic who is a Registered Medical Practitioner (RMP) as per the provisions of the National Medical Commission Act, 2019 or a health care provider (whether an individual professional or an organization) or similar institution wishing to be registered, or already registered, on the Website / platform / app, including designated and authorised associates of such practitioners or institutions.
  4. Caregiver is a family member, or any other person authorised by the patient to represent the patient. If the age of the patient is 16 years or less, or if the patient is incapacitated (due to mental conditions like dementia or physical disability due to an accident), then the caregiver is deemed to be authorised to consult on behalf of the patient. By accessing the website / platform / app or using it, or subscribing to or using any of our services, you agree that you have read, understood, and are bound by the following, including without limitation.

1.1 Subscription Plans

Subscription Plans: Fitplush offers free trial period for doctors and clinic owners. Post the trial period doctors and clinic owners/staff can purchase the subscriptions as given on the Pricing / Subscription page


1.2 Subscription Cancellations

Subscription plans once activated, cannot be cancelled as per company policy.


1.3 Clinic Fees & Bookings

Fitplush website / platform / app has no role to play in determining the consultation fees of the practitioner. The consultation fees are determined at the discretion of the practitioner and Fitplush website / platform / app may charge a subscription fee and taxes whenever required as per the policies of the company. User also understands that the fee charged by the practitioner is for a single person only. In case the user attempts to obtain the consultation for more than one person, the practitioner shall not address the consultation requirement for such an additional person. Bookings are managed by clinic staff and patients can book or avail booking services from clinics themselves or through the FitPlush Clinic or Fitplush Site / App. In no way is FitPlush responsible for clinic bookings unless n until its online clinic bookings facilitated by Fitplush which is explicitly mentioned. All bookings, cancelation, re-schedule, jump the queue and the responsibility of the Clinic / Doctor and the patient. We allow doctors to overbook if they need to; however, that’s under the control and responsibility of Clinic or Doctor. Cancel charged offline, payments, bills, and patient records are the responsibility of the operating clinics. Cancel by doctors or clinics to patients is again the responsibility of the clinic to inform the patients.


2. Not for Emergency Use

You acknowledge that the telemedicine services are for general use only and are not suitable for emergent or urgent situations. IF YOU ARE FACING A MEDICAL EMERGENCY (either on your or on another person’s behalf), please CONTACT AN AMBULANCE SERVICE OR HOSPITAL DIRECTLY. You are advised to have a physical / in-person consultation.


3. Date Storage

You agree and acknowledge that the company may keep records of any interactions and associated issues with the practitioner including but not limited to the User’s health issues and/or the User’s experiences. The company may keep the aforementioned data for the purpose of development of its services.


4. Consent Requirement

You acknowledge that if the patient himself/ herself initiates the telemedicine services, then the consent for seeking such services is implied. If a care giver, health worker or practitioner initiates the telemedicine services on behalf of the patient, then explicit consent (in the form of written consent, verbal consent, etc) is to be given by user prior to initiation of such services.


5. Caregiver Terms

In the event wherein

  1. Patient is present with the caregiver during the consultation.
  2. Patient is not present with the caregiver. This may be the case in the following:
    • Patient is a minor (aged 16 or less) or the patient is incapacitated, for example, in medical conditions like dementia or physical disability etc.
    • The care giver is deemed to be authorized to consult on behalf of the patient.
    • Caregiver has a formal authorization or a verified document establishing his relationship with the patient and/or has been verified by the patient in a previous in-person consult (explicit consult).

However, we strictly advise the patient and caregiver to be present during the consultation.


6. Possible Risks

The user understands that, as with any medical procedure, there are risks associated with the use of telemedicine services as the practitioners will not be conducting physical examinations. You clearly understand and agree that you are aware of these limitations and risks which may include, without limitation, the following: a. Delays in consultation and evaluation or treatment may occur due to deficiencies or failures of technical equipment, which may include poor audio/video quality. b. Failure of security protocols leads to a breach of the privacy of personal information. c. Lack of access to the complete medical history of the user may result in adverse drug interactions, allergic reactions or other negative outcomes.


7. Your Warranties and Representations.

These warranties and representations shall also be applicable mutadis mutandis to a caregiver seeking services over the platform. The user acknowledges, understands, and agrees to the following:

  1. You provide express consent to use your information for scheduling your appointment with the most suitable & available Practitioners based on a software and you also understand that your information shall be used for billing purposes.
  2. By using this platform, it is deemed that you have consented to receiving telephonic calls, SMSs, and/or emails from us or any of our third parties and the RMP. Such communications shall be sent to you at the telephone number and/or email id provided by you for the use of this application which are subject to our Privacy Policy. Such communication by us is for purposes that, inter alia, includes clarification calls, marketing calls, and promotional calls.
  3. The prescription provided by the practitioner to you is based on the telemedicine interaction and may vary when examined in person. Further, the prescription provided is as per the provisions of the TP Guidelines and does not contain medicines enlisted in the “Prohibited List”, as elaborated upon in the TP Guidelines. Hence, such prescription should not be taken as a final and conclusive solution.
  4. Fitplush website / platform / app is not liable for any information provided by the user that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or Fitplush website / platform / app has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, and Fitplush website / platform / app has the right to suspend the services to the user at its sole discretion.
  5. It is solely your responsibility to keep your correct mobile number and email ID always updated. Fitplush website / platform / app is not responsible for any loss or inconvenience caused due to your failure to update your contact details on the website / platform / app/app
  6. Notwithstanding anything contained herein, the Fitplush website / platform / app is not in any manner responsible for any drug/medicines prescribed or the therapy prescribed by the practitioner.
  7. Users shall not persuade any practitioner to prescribe drugs such as:
    • Medication for medical termination of pregnancy
    • Habit forming drugs i.e., drugs in Schedule X of the Drugs and Cosmetics Rules, 1945
    • Narcotic or psychotropic drugs regulated by the Narcotic Drugs and Psychotropic Substances Act, 1985
    • Drugs contained in the Prohibited List of TG Guidelines.
  8. In case the user wants to point out any discrepancies with the prescription or wishes to add, delete, or modify anything in the said prescription, user should contact the practitioner directly. Fitplush website / platform / app makes no representation for the information shared by the practitioner.
  9. The user acknowledges that company is a mere facilitator and does not fall within the purview of the National Medical Commission Act, 2019, and the rules and regulations framed/ recognised thereunder.

Grievance Redressal

Our grievance redressal policy can be accessed here at help@fitplush.com

  1. f you have any questions concerning this Website / platform / app, Platform, this agreement, the services, or anything related to any of the foregoing, customer support can be reached at the following email address: help@fitplush website / platform
  2. In accordance with the Information Technology Act, 2000, and the rules made thereunder, if you have any grievance with respect to the Website / platform / app or the service, including any discrepancies or grievances with respect to processing of information, you can contact our Grievance Officer at: Name: Mr. Nikhil Gupta
    Email : help@FitPlush or team@emvoke.com In the event you suffer as a result of access or usage of our website / platform / app by any person in violation of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011, please address your grievance to the above person.

9. Fitplush website / platform / app Warranties

a. The Prescription given by the practitioner along with the invoice for the service may be uploaded to the user’s account after the consultation or forwarded by WhatsApp or email. b. The website / platform / app may be linked to the website / platform / app of third parties, affiliates, and business partners. Fitplush website / platform / app has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such website / platform / apps or made available by/through our website / platform / app. The inclusion of any link on the website / platform / app does not imply that Fitplush website / platform / app endorses the linked site. Users may use the links and these services at their own risk. c. The platform is provided on a best-efforts “AS IS” basis. While we strive to maintain the highest levels of service availability, Fitplush website / platform / app is not liable for any interruption that may be caused to your access of the services. d. It is hereby expressly clarified that, the information that you obtain or receive from Fitplush website / platform / app, and its employees, contractors, partners, sponsors, advertisers, licensors, or otherwise on the website / platform / app is for informational purposes only. We make no guarantees, representations, or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise, or other information provided on the Website / platform / app. In no event, shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information. Any information about the Practitioners, including but not limited to their name, photographs, qualifications, experience, and specialties, that may be provided on the Website / platform / app, is for information purposes only and such information shall not be deemed to amount to an advertisement of the practitioner, and/ or the services provided by such practitioner.


Intellectual Property Rights

  1. The website / platform / app and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Owner Content”) on the website / platform / app is owned and controlled by company and the design, structure, selection, coordination, expression, look and feel, and arrangement of such owner content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
  2. The trademarks, logos, and service marks displayed on the website / platform / app (“Marks”) are the property of the company or their third parties or respective third parties. You are not permitted to use the marks without the prior consent of company or any relevant third parties that may own the marks.
  3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, company, or its third-parties owns all intellectual property rights to and into the trademark of the company and the website / platform / app, including, without limitation, any and all rights, title, and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets, and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
  4. Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce, or distribute any content through any medium without obtaining the express written permission from the company or third party owner of such content.

Assumption of Risk

The website / platform / app and its contents are for communication purposes only. By using the website / platform / app you hereby acknowledge and agree that any information posted on our website / platform / app is not intended to be any kind of legal advice, medical advice or financial advice, and no fiduciary relationship has been created between you and the company. You further agree that your purchase of any of the products on the website / platform / app is at your own risk. We do not assume any responsibility or liability for any advice, or any other information given on the website / platform / app.


Force Majeure

  1. You accept and acknowledge that we shall not be liable for any loss or damage caused to you as a result of delay, or default, or deficiency, or failure in the services as a result of any natural disasters, pandemics, fires, riots, civil disturbances, actions or decrees of governmental bodies, communication line failures (which are not caused due to the fault of Fitplush website / platform / app or the Third Party Service Providers), or any other delay, or default or deficiency or failure which arises from causes beyond our reasonable control (“Force Majeure Event”).
  2. In the event of any Force Majeure Event arising, depending on whose performance has been impacted under the Terms of Use, the party shall immediately give notice to the other party(s) of the facts which constitute the Force Majeure Event.
  3. You explicitly give your consent to the company to use your information in the event of any pandemic emergencies to cater towards the benefit of public at large. The company may share your information with regulatory bodies to fight any pandemic emergency.

Indemnification

You agree to defend and indemnify the company and any of its affiliates, employees, agents, directors, and representatives and hold us harmless against all legal claims and demands, including but not limited to attorney’s fees, which may arise from you or relate to your use or misuse of the of the website / platform / app or the services, your breach of these terms, or your conduct or actions. You agree that the company shall, if it so desires, select its own legal counsel and participate in its own defence.


Termination

  1. The terms will continue to apply until terminated by either you or company as set forth below. If you want to terminate Your agreement with Company, you may do so by (i) not accessing the Website / platform / app; or (ii) closing Your accounts for all the services that you use, where company has made this option available to you.
  2. Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with you if:
    • You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same).
    • Company is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);
    • The provision of the services to You, by Company is, in Company’s opinion, no longer commercially viable.
    • Company has elected to discontinue, with or without reason, access to the Website / platform / app, the services (or any part thereof); or

Company may also terminate or suspend all or a portion of your account or access to the services with or without reason. Except as may be set forth in any additional terms applicable to a particular service, termination of your account may include: (i) removal of access to all offerings within the website / platform / app or with respect to the services; (ii) deletion of your materials and account information, including your personal information, log-in ID and password, and all related information, files and materials associated with or inside your account (or any part thereof); and (iii) barring of further use of the services. You agree that all terminations shall be made in company’s sole discretion and that company shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your account information), or your access to the website / platform / app and the services offered thereunder. Notwithstanding the foregoing, these terms will survive indefinitely unless and until company chooses to terminate them. If you or company terminates your use of the website / platform / app, company may delete any content or other materials relating to your use of the website / platform / app and company will have no liability to you or any third party for doing so.


Governing Law and Dispute Resolution

These terms of use and any contractual obligation between the parties will be governed by the laws of India, with the exception of its conflict of law provisions. In case any litigation specifically permitted under these terms is initiated, the parties shall submit to the exclusive jurisdiction of the courts in Mumbai, Maharashtra, India.


Modification and Variatio

The company may, at any time, change these terms without giving any notice to you. You hereby understand and agree that we have the right to modify these terms and any information and links contained herein. You further agree that all modifications to these terms shall be in full force and effect immediately upon being posted on the website / platform / app and shall replace any prior version of these terms.


Report Abuse

In the event you come across any abuse or violation of these terms or if you become aware of any objectionable content on the website / platform / app, please report to company’s customer support team.


Privacy Policy

The company views protection of your privacy as a very important principle. We store and process your account information including any sensitive personal / financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Company’s current Privacy Policy is available on Privacy page. If You object to Your Information being transferred or used in this way, please do not use website / platform / app. Company will share / sell / transfer / license / covey some or all your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to your personal information. Once You provide Your information to us, you provide such information to company and affiliates of company and company and its affiliate may use such information to provide you various services with respect to your transaction whether such transaction are conducted on Fitplush website / platform / app or with third party merchant’s or third party merchant’s website / platform / app. You accept the terms hereof and hereby consent to us, sharing and/or processing your information with third parties in an anonymized and aggregate manner. The user hereby consents, expresses, and agrees that he/she has read and fully understands the privacy policy of the company in respect of the website / platform / app. You further consent that the terms and contents of such privacy policy are acceptable to you.


Survival

Even after termination, certain obligations mentioned under Covenants, Liability, Indemnity, Intellectual property, Dispute Resolution will continue and survive termination.


Severability

If any provision of these Terms of Use is deemed invalid, unlawful, void, or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of use and shall not affect the validity and enforceability of any of the remaining provisions.


Waiver

In the event that we fail to enforce any provision of these terms, this shall not constitute a waiver of any enforcement of that provision or any other provision. No waiver of any provisions of these terms will be valid unless the same is in writing and signed by us.


Headings

The headings and subheadings herein are included for convenience and organization only and are not intended to describe, interpret, define, or limit the scope, extent or intent of these terms.


YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE