Terms and Conditions
End-user License Agreement The Gonogo Health Mobile Application (the “Application”) is licensed to you, not sold. The Application is provided under the following license and is subject to the following terms and conditions.
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THE APPLICATION. USING THE APPLICATION INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO ITS TERMS. IF YOU DO NOT AGREE, THEN YOU MUST NOT USE THE APPLICATION.
IMPORTANT: ALWAYS CONSULT YOUR PHYSICIAN IF YOU FEEL YOU HAVE A CRITICAL HEALTH ISSUE.
License Terms and Conditions Chelsea Health Solutions LLC (CHS) grants you a limited, nonexclusive license to use the Application in accordance with the terms of this Agreement. You agree not to reproduce, copy, modify, decompile, disassemble, reverse engineer or create derivative works of any portion of the Application, and you may not transfer or distribute it in any form, for any purpose. CHS reserves the right to modify the Application, or to discontinue offering the Application all together at any time and for any reason, including without limitation, if any third party supplier ceases to supply content or services, or if CHS’s contract with such supplier terminates. In the event CHS shall discontinue offering the Application, this Agreement and your rights under it shall terminate immediately. The Disclaimers of Warranty and Liability contained in this Agreement shall survive such termination.
Restrictions. You are prohibited from selling, renting or leasing the Application to any other person or third party. You acknowledge that the Application should be used only for general information purposes and you should not rely on the Application for any life or death situation.
No Warranty. This Application is provided to you “as is,” and you agree to use it at your own risk. CHS makes no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, merchantability, fitness for a particular purpose, usefulness, use or results to be obtained from the Application, or that the Application will be uninterrupted or errorfree.
Disclaimer of Warranty. CHS AND ITS AFFILIATES DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY CHS SHALL CREATE A WARRANTY, AND YOU ARE NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THIS AGREEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
Disclaimer of Liability. CHS AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE APPLICATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE APPLICATION, ANY DEFECT IN THE APPLICATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF OffTheScale HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHS AND ITS AFFILIATES’ TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE APPLICATION SHALL NOT EXCEED $1.00. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
Export Control. You agree not to export from anywhere any part of the Application provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.
Indemnity. You agree to indemnify, defend and hold CHS and its affiliates free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with any use or possession by you of the Application.