End User License Agreement (EULA)
Please read this End User License Agreement (“EULA”) carefully before downloading, accessing or using Medical Solutions, L.L.C.’s or its affiliates’ (collectively, “MedSol”) websites, online services, platforms, applications, and any related downloadable software made available by MedSol for use therewith (collectively, the “Offerings”). This EULA shall also govern Your use and access to MedSol’s internet or application-delivered services (“Service”) from Your computer or mobile device. This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and MedSol (each separately a “Party” and collectively the “Parties”) as of the date you download, access or use an Offering or the Services or on date of first use after implementation of this EULA.
- License. MedSol grants You a revocable, non-exclusive, non-transferable, non-sublicensable, limited license to download, install, access and use the Offerings for Your personal and internal business purposes strictly in accordance with this EULA and associated Acceptable Use Policy.
- Your Account.In the event Your use of the Offerings requires that You have an account with MedSol, You may be required to agree to additional terms at account creation.
- Changes to this EULA.MedSol reserves the right to modify this EULA at any time and for any reason. If MedSol makes material changes to this EULA, MedSol will endeavor to provide you notice via the Offerings. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online on MedSol’s website and/or other software applications even if these updated terms appear online at MedSol’s website before being posted on a specific application. Your continued use of the Offerings after MedSol publishes notice of changes to this EULA indicates Your consent to the updated terms.
- No Included Maintenance and Support.MedSol may deploy changes, updates, or enhancements to the Offerings at any time. MedSol may provide maintenance and support for the Offerings but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Apps) nor Google (for Android Apps) has an obligation to furnish any maintenance or support services in connection with the Offerings.
- Acceptable Use.You agree that You will not use or encourage others to use the Offerings or the Service in a way that could harm or impair others’ use of the Offerings or the Service. Your use of the Service and the Offerings is governed by the Acceptable Use Policy (a current version of which can be found at [INSERT LINK TO ACCEPTABLE USE POLICY). You also agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS users accessing the Apps on an Apple product, or (b) Google Play Terms of Service for Android users accessing the Apps on an Android product.
- Privacy.In order to operate and provide the Service and the Offerings, MedSol may collect certain information about You, including technical and telemetry data related to your use of the Offerings and other personal information. We use third party service providers to help us collect and analyze this data and personal information, including but not limited to Google Analytics, FullStory. MedSol uses and protects that information in accordance with the MedSol Privacy Notice (a current version of which can be found at https://www.medicalsolutions.com/privacy-policy/).
- Consent to Electronic Communications and Solicitation.By downloading or using the Offerings, You authorize MedSol to send You (including via email, text and push notifications) information regarding the Service and the Offerings, such as: (a) notices about Your use of the Service and the Offerings, including notices of violations of use; (b) updates to the Service and Offerings and new features or products; and (c) promotional information and materials regarding MedSol’s services, including, but not limited to, job opportunities.
- No Warranty.YOUR USE OF THE OFFERINGS AND SERVICES ARE AT YOUR SOLE RISK. THE OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MEDSOL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Offerings are, as applicable, only available for supported devices and browsers and might not work on every device or browser. Determining whether Your device or browser is a supported or compatible device for use of an Offering is solely Your responsibility, and downloading, using or accessing an Offering is done at Your own risk. MedSol does not represent or warrant that the Offerings and Your devices or browsers are compatible or that the Offerings will work on Your device or browser.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER APPLE OR GOOGLE SHALL HAVE ANY WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE OFFERINGS, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY. GOOGLE AND APPLE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- Suspension and Termination of the Offerings or Services.MedSol reserves the right to suspend or terminate Your access to the Offerings or Services at any time. You understand that if Your account is suspended or terminated, You may no longer have access to the content that is stored within the Service.
- Intellectual Property Rights.The Offerings, including any software and all content and materials included in a particular Offering, including but not limited to text, graphics, images, and software code (collectively, “Intellectual Property”), are the property of MedSol or its licensors and are protected by copyright and trademark laws. You agree not to (1) Sell, lease, or distribute the Intellectual Property or any part thereof, (2) modify, translate, reverse engineer, decompile, or disassemble the Intellectual Property, or (3) remove any proprietary notices or labels on the Intellectual Property. You acknowledge and agree that the Intellectual Property and any unauthorized use thereof is a violation of Med Sol’s intellectual property rights and may result in significant damages. All rights not expressly granted to you in this Agreement are reserved by MedSol.
- Legal Compliance.You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport the Offerings to or use the Offerings in any such country.
- Governing Law.This EULA shall be governed by and construed in accordance with the laws of Delaware.
- Contact Information.If You have any questions regarding this EULA, please contact MedSol by email at email@example.com, by phone at 1.866.633.3548, or by mail at Attn: Legal, 1010 North 102nd Street, Suite 300, Omaha, NE 68114.
- Third Party Beneficiaries.This EULA is executed between You and MedSol and not between you and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this EULA or Your use of the Offerings or Services will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Your acceptance of this EULA, allows Apple or Google, as applicable, to enforce this EULA against You as a third-party beneficiary thereof. MedSol is not responsible for any applicable third-party agreement between You and any third-party, including your wireless provider.