ShoulderBuzz Terms and Conditions
Agreement Overview
These Terms and Conditions set forth the terms by which you (the “User”) may access and use the ShoulderBuzz website(s) (the “Site” or “Sites”) and related service (the “Service” or “Services”), software related to the Services, including applications, underlying scripts or instructions (the “Software”), documents created while using the Sites or Software and used in providing the Services, and other products owned and operated by ShoulderBuzz, LLC (the “Company”).
By using the Sites, Services, Software, or any combination thereof, you agree to the terms detailed herein as well as to the Company Privacy Policy. Please review the Privacy Policy for an explanation on how the Company collects and uses User information. The User may not use the Sites, Services, Software, or any combination thereof, and may not accept these Terms and Conditions if the User is not authorized to do so, whether by law or otherwise.
You agree that the Company can collect, maintain, and use User information provided by the User as needed by the Company to perform its Services, and as detailed in the Company Privacy Policy.
The Company’s use of your information (“User Information”) is for the sole purpose of providing the Services detailed in these Terms and Conditions, which are provided on the User’s behalf.
User Information will not be shared with third parties, unless required to do so by applicable law or by specific legal and/or governmental authority. The Company will give the User prompt notice of any demand or requirement to disclose User Information by a governmental agency and/or a governmental official.
The Company will take all reasonable measures to ensure that the security of User Information is not breached or otherwise improperly divulged to a third party.
Not Medical Advice
Neither the Sites nor the Services offered, or information provided in any way by the Company, are intended to be medical, healthcare, or related services or advice, nor do they constitute the practice of medicine or other healthcare services. The Services and content found on the Sites, such as textual medical information, medical drawings, clinical pictures, radiologic pictures, and similar information, are provided for informational purposes only to educate Users and should not be relied upon for personal medical advice or a personal diagnosis. The Company recommends consulting a medical or healthcare professional if the User has any questions or concerns regarding the User’s personal medical situation. Do not rely on the information on the Sites or otherwise provided by the Company as a substitute for advice provided by a medical or healthcare professional. Any reliance on such information is done at your own risk. If you are in need of medical assistance, contact a medical and/or healthcare provider.
License
The use of the Sites, Services, Software, or any combination thereof are strictly provided by license from the Company to the User. If, as detailed further herein, the Company or User terminates these Terms and Conditions, any license associated with the Terms and Conditions will terminate. Until termination, the Company grants to the User a personal, limited, and nonexclusive license to use the Sites and Software. The license is not transferrable or assignable.
Nothing in these Terms and Conditions shall be construed as a grant of ownership in the Sites or Software in their entirety or in part from the Company to the User. The Company retains all ownership rights in the Sites and Software.
Any and all user-generated content that is created as a result of the User using the Sites, Services, or Software will be owned by the Company and licensed to the User. Any rights related to documents created by the Company from user-generated content shall remain with the Company and shall not be construed as a grant of the rights in such documents from the Company to the User. Any documents related to the Sites, Services, or Software and downloaded, printed, or otherwise obtained by the User are personal, limited, and nonexclusive licenses provided to the User by the Company. Obtaining such documents does not grant the User the right to create unauthorized copies, to modify the documents, or to create derivatives of the copies, without prior written permission from the Company.
The Services
The Company provides informational services to the general public and healthcare practitioners related to medical information, including but not limited to, shoulder anatomy, conditions that affect the shoulder, conservative and operative management of shoulder dysfunction, and other related information. Certain Services may include collecting and using User Information to assist the User in locating information on the Sites.
The Company offers its informational services through the Sites and Software provided at ShoulderBuzz.com or on mobile applications purchased from mobile application stores.
In furtherance of using the Sites and/or Services, the User may sign up and create a username and password as well as provide other User related identifiers (the “User Account” or “User Account Information”), which may include a User’s name, address, age, relevant medical conditions, and other pertinent information. A User Account will remain active while the User maintains the account, notwithstanding the Company’s right to terminate the account. The Company may from time-to-time verify the User’s identity through certain authentication means. The User agrees to any inquiries of the Company to the User to authorize the User’s identity. Failure to provide such information may be deemed a violation of these Terms and Conditions and may be grounds for terminate the User Account or preclude a User from creating a User Account.
The Company may terminate its legal agreement with the User and terminate the User’s access to the Sites and Services if, among other things, the User has breached any provision of these Terms and Conditions, if any law requires such termination, or for any reason at the Company’s sole discretion.
Following termination of this agreement by the Company with User, the Company may deactivate the User Account and delete all User Information and files in the account. The Company and its affiliates are not liable to the User for any User Information, settings, documents, or other data related to a User if a User Account is terminated, whether by the User or by the Company.
The User is responsible for keeping all User Account Information confidential. If the User believes its User Account Information is no longer secure, it is the sole responsibility of the User to contact and inform the Company of such a breach and to request for remedial measures to be taken. The Company is not responsible for User’s failure to keep its User Account information secure.
User may stop using the Services and cancel its User Account at any time.
User’s right to access and use the Sites, Services, Software, or any combination thereof is personal to the User and is not transferable by the User to any other person or entity.
If the User choses to create a User Account, or such an Account is required by the Company for User’s access to the Sites, Services, Software or any combination thereof, the User must provide complete, accurate, and up-to-date User Information to the Company. If at any time User Information has changed, it is the responsibility of the User to notify the Company of such changes. Failure to do so may affect the effectiveness and accuracy of the Services. The User represents that User has the right to provide the User Information provided to the Company.
User access and use of the Sites, Services, Software, or any combination thereof may be interrupted for a number of reasons, including, among others, User error, User equipment malfunction, updating of the Sites or Software, maintenance and/or repair of the Sites, Services, or Software, or for other reasons. The Company will not be liable for any loss or damages that are as a result of such interruptions in the Sites, Services, or Software. The Company will use commercially reasonable efforts to ensure such interruptions do not cause loss or damage to the User.
The following is a non-exhaustive list of actions forbidden by the User:
- Tampering with the Sites or Software;
- Illegally copying or acquiring a copy of the Sites Software;
- Testing the vulnerability of the Sites or Software;
- Circumventing any security measures provided by the Sites or Software;
- Using a non-public area of the Sites or Software without permission;
- Providing knowingly false information to the Company;
- Violating the law with your use of the Sites, Services, or Software; and
- Violating the privacy or infringe the rights of others in the use of the Sites, Services, or Software.
If the User violates these Terms and Conditions, the Company retains the right to cancel the User Account and cease from providing its Services to the User. The Company retains all legal remedies necessary to correct any improper use of its Sites, Services, Software or any combination thereof by the User.
Contact
If the User has any questions or concerns regarding these Terms and Conditions, the Sites, Services, or Software, please contact customer support:
E-mail: shoulderbuzz@gmail.com
Communications
The Company may email the User regarding the User Account or the Services provided to the User, including to inform the User of information related to the Services and to inform the User of other Services offered by the Company. The User may choose to opt-out of receiving communications from the Company.
The Company, at User’s request, will provide automatic alerts and voluntary information-related alerts. Automatic alerts will be sent to the User following certain changes to the User Account or User Information, as a Service to the User, or for other requests. User authorizes these communications while an active User of the Sites and while maintaining a User Account. It is the User’s responsibility to ensure that any contact information provided to the Company by the User is correct and up-to-date. The Company is not responsible for communications that are not received by the User due to the User’s error in providing contact information.
From time-to-time, the Company may experience technical delays in its communications provided to the User. In such circumstances, the Company will use commercially reasonable efforts to cure any delays and provide timely communications. The Company is not responsible for actions taken or not taken due to interrupted communications from the Company to the User.
If any contact information provided to the Company by the User changes while maintaining a User Account, it is the sole responsibility of the User to inform the Company of such changes. The Company is not responsible for communications that are not received by the User because of the User’s failure to update the User Account Information or User contact information.
If the User requests any information via email or another form of communication from the Company, it is the User’s responsibility the ensure that such information is securely maintained. The Company is not responsibility for any vulnerabilities to User’s emails, text messages, or other forms of communication.
Third Parties
The Company will not provide User Information to third parties or third-party service providers other than in conjunction with providing the Services offered by the Company and to ensure security of the Sites and Software. Such third-party service providers may assist with hosting the Sites, User authentication, User Information storage and maintenance, or analysis of use of the Sites, Services, or Software by the User. For detailed information about privacy and User Information protection, please review our Privacy Policy.
The Sites or the Company Services may include links or reference to third-party websites or materials not owned by or controlled by the Company. The Company offers such links or references as convenience to the User and is not responsible for the content of such links or references.
Intellectual Property and Other Rights
The Company is the owner of all content presented on the Sites or Software, including all trademarks and copyrights, such as, but not limited to, the ShoulderBuzz word mark, the “ShoulderBuzz Logo” mark, other source identifying terms, symbols, sounds, or the like, as well as additional Site and Software content and user interfaces. The content found on the Sites and Software are owned by the Company. The Company grants to the User the right to use its Sites and Software as detailed in the license of these Terms and Conditions. Any use of the Sites or Software, other than use of User Information, is by license granted from the Company to the User, and in no way should be construed as a transfer of ownership.
Disclaimer of Representation of Warranties
ALL SERVICES PROVIDED BY THE COMPANY AND ITS AFFILIATES TO THE USER ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SITES, SERVICES, OR SOFTWARE. THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT PROVIDED ON THE SITES OR SOFTWARE OR PROVIDED THROUGH THE SERVICES. THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SITES OR SOFTWARE PROVIDED BY THE COMPANY, INCLUDING BUT NOT LIMITED TO, ANY VIRUSES OR CONTAMINATED CODE THAT MAY HARM USER’S PERSONAL PROPERTY OR THE PROPERTY OF OTHERS AS A RESULT OF THE SITES OR SOFTWARE. THE USER USES THE SITES, SERVICES, SOFTWARE, OR COMBINATION THEREOF AT USER’S OWN RISK. THIS EXCLUSION OF WARRANTIES DOES NOT APPLY TO ANY JURISDICTIONS THAT DO NOT ALLOW FOR THE EXCLUSION OF SUCH WARRANTIES. ALL DISCLAIMERS HEREIN ARE PROVIDED ONLY AS ALLOWED BY LAW.
Limitation of Liability
THE FOLLOWING LIABILITY EXCLUSIONS FOR THE COMPANY AND ITS AFFILIATES APPLY: INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR ANY OTHER MONETARY DAMAGES; LOSS OF USER DATA; LOSS OF PROFITS OR BUSINESS; BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY; ANY USER CONDUCT OUTSIDE OF THE SCOPE OF THE THESE TERMS OF SERVICE. THESE LIMITATIONS APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF SUCH DAMAGES AND POSSIBLE LIABILITY.
Indemnification
The User shall defend, indemnify and hold harmless the Company and its officers, directors, shareholders and employees, as well as its affiliates, from any claims, lawsuits, or other proceedings, that are as a result of actions of the User that are a breach of these Terms and Conditions.
Governing Law and Disputes
Maryland state law governs these Terms and Conditions without regard to its conflicts of laws provisions. Any disputes or claims relating to the Services or these Terms and Conditions will be resolved by binding arbitration in accordance with the Federal Arbitration Act. However, the User may assert claims in small claims court and may seek injunctions or other forms of equitable relief when necessary. Any dispute must be brought by the User in the User’s individual capacity and not in a class action lawsuit or similar class or representative proceeding. By using the Services detailed herein, the Company and the User agree to waive any right to a lawsuit and/or trial by jury.
Actions by the Company
The Company may choose to not enforce any of the provisions of these Terms and Conditions without waiver of its right to enforce any provision at a later date. Except where inapplicable by law, the Company and the User hereby waive any provision of law that would hold any provisions of these Terms and Conditions unenforceable. If any of the provisions herein are found to be unenforceable, such provision shall be severed from these Terms and Conditions. The remaining provisions will remain in full force and effect.
Terms and Conditions Modifications
The Company may revise or discontinue these Terms and Conditions from time-to-time to better reflect policy changes, changes in law, regulatory requirements, or other relevant needed changes. The Company will notify a User with a User Account of any changes in the Terms and Conditions. Following such notice, continued use of the Services effectuates the User’s agreement to the updated Terms and Conditions, unless the User notifies the Company of non-agreement within 30 days of the updated Terms and Conditions.
Entirety of Terms
These Terms and Conditions constitute the entire agreement between the Company and its affiliates and the User, and supersedes and replaces any other agreements between the Company and its affiliates and the User.