Terms of Service
Last Updated: October 14th, 2018
BY USING THE ESCAVO WEBSITE (THE “SITE”) OR MOBILE APPS (THE “APPS”), YOU (THE “USER”) ACCEPT THESE TERMS OF USE (“TERMS”). THESE TERMS CONSTITUTE A BINDING AGREEMENT, GOVERNING USE OF THE SITE AND APPS, BETWEEN USER AND ESCAVO, INCLUDING ITS SUBSIDIARIES AND AFFILIATED COMPANIES (INDIVIDUALLY OR COLLECTIVELY “ESCAVO”). BY DOWNLOADING, INSTALLING, OR USING THE SITE OR APPS, THE USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. SHOULD USER NOT ACKNOWLEDGE AND AGREE TO THESE TERMS, USER MUST IMMEDIATELY DISCONTINUE USE OF THE SITE AND APPS AND UNINSTALL THE APPS. THESE TERMS ARE ALSO AVAILABLE ON THE ESCAVO WEBSITE (HTTP://WWW.ESCAVO.COM/TERMS-OF-SERVICE) AND IN THE INDIVIDUAL APPS’ TERMS OF SERVICE SECTION. CONTINUED USE OF THE APPS SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM.
Service
ESCAVO is a software developer and medical education content producer specializing in mobile app development, and specifically the development, publication and maintenance of point-of-care medical reference and clinical decision support APPS for healthcare professionals (the “Service”).
Intended Audience
ESCAVO medical APPS are intended for healthcare professionals and are for educational purposes only. The APPS are not intended to replace the clinical judgment and expertise of a healthcare professional, nor the consultation of authoritative sources like medical textbooks, drug prescribing information, and professional or institutional guidelines. Although significant effort is put into creating and maintaining this content, ESCAVO does not warrant or guarantee its accuracy or currency. The information in these APPS is based primarily on clinical practice standards within the United States and may not be appropriate for use in other countries.
Use by lay consumers without medical training is discouraged, and any such use is undertaken at the User’s own risk and should not be construed as professional medical advice nor substitute for consultation with a medical professional. Persons with medical conditions discussed in ESCAVO medical APPS are specifically cautioned against using the information contained within to self-diagnose or self-treat and are urged to seek professional medical advice.
Due to the sensitive and mature nature of the medical topics discussed, use of ESCAVO medical APPS is restricted to an adult audience. By using these APPS, you represent that you are 18 (eighteen) years of age or older.
Incorporation of Related Terms
These Terms incorporate and supplement the Apple, Inc. (“Apple”) and Google, Inc. (“Google”) Terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service and https://play.google.com/intl/en-us_us/about/play-terms.html), including without limitation the Licensed APPS End User Agreement therein (“App Store Terms”). These Terms incorporate and supplement our Privacy Policy (available at http://www.escavo.com/privacy-policy).
Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms, these Terms will take precedence, solely to the extent such provisions apply to the APPS.
End-User License
Subject to these Terms, ESCAVO grants the User a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to use ESCAVO’s mobile APPS for personal use only on Apple or Android mobile devices owned or controlled by the User as permitted by the Usage Rules contained in the Apple and Google Terms and Conditions, and in accordance with these Terms (“User License”). Any use of the APPS in any other manner, including, without limitation, resale, reverse-engineering, disassembling, redistribution, transfer, modification or distribution of the APPS or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the APPS (“Content”) is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, these APPS unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
The license is effective until terminated by you or ESCAVO, with or without written notice. Your rights under the User License will terminate automatically without notice from ESCAVO if you fail to comply with any Terms or terms of the User License. Upon termination of the license, you shall cease all use of the APPS and destroy all copies, full or partial.
User Information
APPS features, such as feedback, account management, and interaction with social media sites, should these be employed, may use, maintain, or transmit User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including credit card information), GPS location information, operating system or device type, and information for and from third-party e-mail and social-media accounts (collectively “User Information”). By acknowledging and agreeing to this Agreement, or by using the APPS, the User consents to the transmission of User Information to ESCAVO, including its agents and third-party partners, and consents to ESCAVO, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for APPS functionality and for the purposes disclosed in one or more of the Privacy Policies identified in this Agreement.
The User is, however, solely responsible for the confidentiality and security of User Information sent from or stored on the mobile device by the APPS. The User is also solely responsible for all transactions and activities undertaken by anyone or anything registered in the User’s name, whether authorized or unauthorized. The User agrees to immediately notify ESCAVO of any suspected unauthorized transactions associated with the APPS or any other breach of security. ESCAVO shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions related to the APPS. Users shall be solely responsible for taking precautionary steps to protect User Information stored on the mobile device, including without limitation password-protecting the device and employing remote-wipe features, if such are available.
You agree that ESCAVO, its service providers and/or others involved in creating or providing the APPS may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the APPS. ESCAVO, its service providers, and/or others involved in creating or providing the APPS may use this information, as long as it is in a form that does not personally identify you, to improve the APPS or to provide services or technologies to you.
Prohibited Uses
Use of the ESCAVO APPS is limited to the intended functionality. User shall not (or shall not use the APPS to):
- harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
- engage in any unlawful, fraudulent, or deceptive practices;
- use technology or other means to access unauthorized content or non-public spaces;
- use or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
- attempt to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- store any Content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- store any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- attempt to damage, disable, overburden, or impair ESCAVO servers or networks;
- attempt to gain unauthorized access to a ESCAVO computer network;
- attempt to gain unauthorized access to ESCAVO user accounts;
- encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
- violate these Terms in any manner; or
- fail to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).
ESCAVO reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the APPS, that ESCAVO reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
Stored User Content
ESCAVO acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms of Service in or to any Content that you store in the APPS, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are solely responsible for protecting and enforcing those rights and that ESCAVO has no obligation to do so on your behalf.
ESCAVO hereby grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by ESCAVO as part of the Service, for the sole purpose of enabling you to use and enjoy the benefit of the Service as permitted by these Terms, until your rights are terminated in accordance with these Terms.
Service Features
ESCAVO retains the right, at its sole discretion, to implement limits to the nature or size of storage available to you, the number of searches, the number of accounts you can add, the number of previews you can make, the number of actions you can take on a search result, the nature or size of any index or library information, the nature of, or your continued ability to access your Content and other data, and impose other limitations at any time, with or without notice. You acknowledge that a variety of ESCAVO actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that ESCAVO has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content.
Third-Party Providers
ESCAVO may from time to time engage certain affiliates or other third parties to provide all or part of the Service to you, and you hereby acknowledge and agree that such third party involvement is acceptable. You understand that ESCAVO, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
ESCAVO may from time to time include as part of the Service computer software supplied by third parties, which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. ESCAVO expressly disclaims any warranty or other assurance to you regarding such third party software.
Accuracy of Representation
Should User identifying information be required by any APPS published by ESCAVO, this information must be accurate, complete, and not misleading. User agrees to not misrepresent in any way, whether material or not, any aspect of User’s identity when using APPS that require such information.
Indemnification
User agrees to indemnify and hold harmless ESCAVO, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the APPS, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the APPS, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. ESCAVO reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
No Warranties
ESCAVO IS PROVIDING THE APPS, SERVICE AND CONTENT TO THE USER “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. THE USER IS USING THE APPS AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ESCAVO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPS IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPS BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPS WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
No Liability
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL ESCAVO OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THE APPS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPS; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER-GENERATED INFORMATION, STORED USER CONTENT, THE INABILITY TO USE THE APPS, DEVICE FAILURE OR MALFUNCTION, PERSONAL INJURY OR DEATH. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPS. ESCAVO, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPS OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.
In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall ESCAVO, its agents or anyone involved in creating or providing this APPS or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the APPS or $100, whichever is less.
Intellectual Property
ESCAVO, the ESCAVO logo, and other ESCAVO trademarks, service marks, graphics and logos used in connection with the APPS are trademarks or registered trademarks of ESCAVO (collectively “ESCAVO Marks”). Other trademarks, service marks, graphics and logos used in connection with the SITE or APPS are the trademarks of their respective owners (collectively “Third-Party Marks”). The ESCAVO Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of ESCAVO or the applicable trademark holder. The APPS and their Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by ESCAVO or the owner of the Content.
Choice of Law, Jurisdiction
These Terms are governed by the laws of the State of California, United States of America, without regard to California’s conflict of laws rules. The User irrevocably consents to the exclusive jurisdiction of the state courts in Los Angeles County, California, United States of America and the federal courts in the United States District Court for the Central District of California, United States of America, for purposes of any legal action arising out of or related to the use of the APPS or these Terms.
Severability
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of ESCAVO to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
Modification of these Terms
ESCAVO reserves the right to change or modify these Terms or any other ESCAVO terms, conditions, or policies related to use of the Apps (including those identified in this agreement) at any time and at its sole discretion by posting revisions on the ESCAVO website http://www.ESCAVO.com) or within its Apps. Continued use of the Apps following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of ESCAVO shall have any legal effect as a waiver by ESCAVO of any Terms of this Agreement.
Third Party Beneficiary
User agrees that ESCAVO service providers, licensors, or others involved in creating or providing the APPS are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.
Contact Us
If you have any questions regarding these Terms of Service you can email us at [email protected].