eo is a service that helps people suffering from ailments that might be helped by cannabis medicine find relief more quickly and with more confidence. We use a combination of clinical oversight and machine intelligence to optimize care. Over time, and with your consistent use, the system becomes more attuned to and specific about your care plan and how to best optimize it.
You are using the most current version of eo. We use successive releases of software to learn how our customers use eo, and how we can improve. In using eo there may be flaws that we have yet to identify and address and we ask you provide candid feedback and suggestions to help us improve.
We also recognize that cannabis medicine, like all medicines, has its limits and may not prove effective for certain people or ailments. We make no promises that the medicinal use of cannabis will work for you and your condition. Please bear that in mind as you consider using eo.
As part of providing our Services (defined below), we have to provide Terms of Use (“Terms”) that contain all sorts of detail about what we do, how we do it, rules around your use of the Services, and other information. These types of documents tend to be formal but are necessary and important.
Please read these Terms. Your use of the Services represents your agreement to these Terms.
These Terms are between you and EO Care, Inc. / eo / eo.care (“we,” “our” and “us”) concerning your use of the services currently located at eo.care (and any successor sites), our mobile applications, and third party integrations (together, the “Services”).
THESE TERMS CONTAIN AN AGREEMENT TOARBITRATE ALL CLAIMS AND CONTAINS IMPORTANT DISCLAIMERS OF WARRANTIES ANDLIMITATIONS ON LIABILITY. Please see Section 19 for the arbitration provisions. Please read the entire Terms, but please read all capitalized provisions carefully as they contain important disclaimers of warranties and limitations on liability
The Services are made available by us in accordance with these Terms. We reserve the right to make changes to these Terms in our sole discretion. We may provide the changes to you by any reasonable means, including by posting the updated Terms on eo.care. You can determine when these Terms were last changed by referring to the “Last Updated” legend at the top of these Terms. Your access to or use of the Services after such posting or other notification of changes represents your agreement to the changes. Any changes to these Terms will not apply to any dispute between you and us that arose prior to the date of such posting or notification.Some of the Services may be subject to additional terms and conditions, which are posted or made available separately from these Terms (“Additional Terms”). Your use of the Services may also be subject to additional policies, guidelines, or rules we also post or make available. Such Additional Terms policies, guidelines, and rules are incorporated into and form a part of these Terms. If there is a conflict between these Terms and the Additional Terms, the Additional Terms will control.We reserve the right at any time to modify, suspend, or discontinue any of the Services, with or without notice; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some or all users of the Services. Neither we nor any of our affiliates will be liable to you or any third party for any modification, suspension, or discontinuance of the Services.You may not use the Services nor accept these Terms if you are not of legal age to form a binding contract with us. By creating an eo.care account, you certify that you are 21 years of age or older.
You are using the most current version of eo. We use successive releases of software to learn how our customers use eo, and how we can improve. In using eo there may be flaws that we have yet to identify and address and we ask you provide candid feedback and suggestions to help us improve.
We also recognize that cannabis medicine, like all medicines, has its limits and may not prove effective for certain people or ailments. We make no promises that the medicinal use of cannabis will work for you and your condition. Please bear that in mind as you consider using eo.
As part of providing our Services (defined below), we have to provide Terms of Use (“Terms”) that contain all sorts of detail about what we do, how we do it, rules around your use of the Services, and other information. These types of documents tend to be formal but are necessary and important.
Please read these Terms. Your use of the Services represents your agreement to these Terms.
These Terms are between you and EO Care, Inc. / eo / eo.care (“we,” “our” and “us”) concerning your use of the services currently located at eo.care (and any successor sites), our mobile applications, and third party integrations (together, the “Services”).
THESE TERMS CONTAIN AN AGREEMENT TOARBITRATE ALL CLAIMS AND CONTAINS IMPORTANT DISCLAIMERS OF WARRANTIES ANDLIMITATIONS ON LIABILITY. Please see Section 19 for the arbitration provisions. Please read the entire Terms, but please read all capitalized provisions carefully as they contain important disclaimers of warranties and limitations on liability
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Description of the Services.
We may provide you a number of Services, including a care plan, a calendar of suggested times to ingest cannabis, a customized shopping list, access to telemedicine consultations with a third party, an ability to provide feedback on your care, and much more. While we give you clear recommendations, guidance, and specific directions, you and your physician are in charge of making the final decision on your care. When you make a decision using eo, be sure to take into account any information we may not know, such as your current health, changes in your health, upcoming events, other treatments, or other things we may not know.
- Information Submitted in Connection with the Services. We rely on the information you’ve provided and have given us access to, and as we learn more about you, we will become better at providing you with the right set of options and priorities that you can use to improve your overall cannabis care, product recommendations, and care strategies to meet your goals. We cannot do that if you submit partial or inaccurate information, so we are not responsible for any recommendations we make using partial or false information. The information you provide helps us understand your personal situation, so accurate responses to questions we may ask are critically important for us to do our job. Keeping your profile updated, true, accurate, and complete is something you agree to do. Your submission of information through the Services is governed by our Privacy Policy, which is located here. If you disclose another person’s personal information to us who may not be able to provide it on their own, in providing that person’s personal information to us you agree that:a. you have shared our Privacy Policy with that person;b. that person agrees to our Privacy Policy;c. that person has agreed to you providing his or her personal information to us; andd. that person understands and agrees that we may use and disclose his or her personal information as we would your personal information.We may terminate your use of the Services if we believe any information you provide is knowingly false, inaccurate, incomplete, or obsolete. We get smarter through increased use of eo by you and others. To do that, we need to anonymize and aggregate your information with other anonymized data to help us provide, optimize, improve, describe, and grow the use of our care plans and services, create new products and services, and make our business better.
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Accuracy of Third Party Information.
We attempt to ensure that the information sources we use (for example, cannabis medical research information), are accurate, complete, and current. Despite our efforts, information provided by these third parties may be inaccurate, incomplete, or out of date, and that is something we cannot control since we don’t own those businesses. We use ways of assessing the quality of the third party data but cannot guarantee they are 100% accurate. Incomplete and inaccurate information provided by third party data suppliers will adversely affect our recommendations
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Registration; User Names and Passwords. You must register with us in order to access the Services. We may not provide you, and you may not use, a user name or e-mail address that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we do not accept for any other reason.Your user name and password are for your personal use only, and not for use by any other person. You are responsible for safeguarding your user name and password and agree not to transfer or lend them to anyone else. You are responsible for all interaction with the Services that occurs with your user name or password. You agree to immediately notify us if you become aware of any unauthorized use of your user name or password or any other breach of security related to your account or the Services, and to ensure that you log out from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from you not complying with any of your obligations in this paragraph
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Mobile Device Application. You are responsible for any requirements of our mobile applications, including any updates and fees. You are also responsible for compliance with the terms of your agreement with your mobile device and telecommunications providers. We may provide you with alerts related to your account. You authorize us to send alerts by text message to your mobile phone at the number you have provided us. Any change to your mobile phone number will change our ability to provide you with alerts. You should notify us immediately of any change to your mobile phone number. Certain alert delays are outside our control. You may disable alerts. We are not responsible for the products and services provided by your mobile device or telecommunications provider
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Our Proprietary Rights. The information and materials made available through or related to the Services are and will remain our property or the property of our licensors and suppliers, and are protected by copyright, trademark, patent, trade secret, and/or other proprietary rights and laws. You may view one copy of any content to which we provide you access on any single computer or mobile device for your personal, non-commercial home use, provided that you keep intact all copyright, patent, trademark, trade secret and other proprietary notices. You agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based on any part of the Services. Our trade names, trademarks, and service marks include eo, eo.care, EO Care Incorporated, and any associated logos. All trademarks and service marks displayed in connection with the Services not owned by us are the property of their respective owners. No license or right is granted to use any of our trade names, trademarks, or service marks
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Links. The Services may provide links to other web sites and online resources. Because we have no control over such sites and resources, eo is not responsible for the availability of such sites or resources and neither endorse nor are we responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources. Other web sites may provide links to the Services with or without our authorization. eo does not endorse such sites and is not and will not be responsible or liable for any links from such sites to the Services, any content, advertising, products, or other materials available on or through such sites, or any loss or damages incurred in connection with such sites. We have the right to block links to the Services through technological or other means without prior notice.
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Other Information from Third Party Sites. We may want to optimize our service to you by requesting from you access to information in connection with providing you the Services. In order to do this, you may permit us to obtain certain transaction data from providers with whom you have relationships or engage in care (“Related Information”). We may work with vendors to obtain the Related Information with your permission, and the vendors may require that additional disclosures are provided to you prior to your permission to provide access. We have no liability for any actions or inactions on the part of any vendor.
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Your Information. With consistent use and your ongoing provision of feedback to the eo system, the service becomes more attuned to your specific needs and how to optimize your cannabis care regimen in partnership with your clinician. While we can continue to output these ever-more personalized care plans with your ongoing engagement with eo, we will not be able to provide you with the data model and clinician interaction data that drive the care plans. Should you cease to use eo, you understand that this tuned service capability will cease to operate, and the tuning and customization may be irrevocably lost.
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Recommendations. We created eo to assist you in decision making about your cannabis care using data from you (and possibly in the future, from third parties you’ve given permission for us to access). Our assessments, guidance, specific options, care plans, shopping lists, and directions are based on dynamic models, machine intelligence, behavioral medicine, general health policies, and our assessment of the potential cannabis product universe that may be suitable to your care. Your personal health situation is unique and dependent on many circumstances and factors, and our recommendations may not include knowledge of things we do not know about you or have not yet learned how to best incorporate in our Services. In using eo, you acknowledge this is the case, because in the end, any decision about your wellbeing is something you alone make in partnership with your personal physician. Remember there are other sources of cannabis guidance available to you such as cannabis clinicians and other physicians, and while they may not use advanced decision intelligence like ours, they may know more about your individual circumstances given that you are their patient. We promise to keep improving our intelligence and ability to understand you and incorporate this into our platform. Finally, any recommendation, care plan, and shopping list we make may have many recommendation components that work together to achieve an optimal result. If you choose not to follow each and every recommendation, the final result may not have the optimal outcome.
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Providers of Cannabis Products. We are not a provider of cannabis products or devices. We do our best to identify all products that may be available within the areas of guidance and location we offer; however, it is possible that some products may not be identified and included in our database. We review the cannabis product providers and products we identify using unique rubrics for each product type to ensure that the subset of providers and products we recommend pass our internal criteria. Although we believe any options presented are worthy of your consideration based on certain assumptions we make and the data we analyze, you may also consider shopping other product providers – in fact, you are encouraged to do so. We are not an agent of any product provider or retailer. If you ultimately obtain a cannabis product or device from a company presented as an option when using the Services, the company providing the cannabis product or device is solely responsible for its products and services provided to you, and you agree that we are not liable for any claims, losses, damages, liabilities, penalties, fines, costs, and expenses arising out of or in any way related to such products and services.
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Use of Cannabis Products. In making decisions about your cannabis care, you should follow all applicable warnings and review all applicable guidance that is (1) included on the label of any cannabis product you obtain, (2) included on the packaging of any cannabis product you obtain, and (3) included with patient and/or consumer education materials that may accompany the products you obtain. In addition, you should be aware that (1) cannabis products may cause impairment and may be habit forming, (2) cannabis products can impair concentration, coordination, and judgment, and vehicles and/or machinery should not be operated while under the influence of cannabis, (3) there may be health risks associated with the consumption of cannabis products, and (4) cannabis products should not be used by women who are pregnant or breastfeeding.
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Disclaimer of Warranties. THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES, OTHER THAN THOSE EXPRESSLY PROVIDED IN THESE TERMS. YOU AGREE THAT YOU MUST EVALUATE ANY OF OUR RECOMMENDATIONS, CARE PLANS, SHOPPING LISTS, AND OPTIONS PROVIDED ON YOUR OWN OR IN PARTNERSHIP WITH YOUR DOCTOR, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH ANY FINAL DECISIONS YOU MAKE IN USING THE SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION AND MATERIALS AVAILABLE THROUGH THE SERVICES. EO AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO (A) THE SERVICES, EXCEPT THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS, AND (B) ANY PRODUCT OR SERVICE (INCLUDING THIRD PARTY PRODUCTS AND SERVICES) YOU OBTAIN, ALL TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, NONINFRINGEMENT, TITLE, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.NO RECOMMENDATION, CARE PLAN, SHOPPING LIST, OR OPTION PRESENTED OR INFORMATION OBTAINED BY YOU FROM THE SERVICES WILL CREATE ANY WARRANTY REGARDING US OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU MAKE ALL FINAL DECISIONS RELATING TO THE SERVICES AND THE CANNABIS PRODUCTS AND DEVICES YOU ULTIMATELY OBTAIN AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY LOSS, DAMAGE AND LIABILITY THAT MAY RESULT FROM YOUR DECISIONS OR THOSE OF YOUR DOCTOR.YOU ACKNOWLEDGE THAT WE ARE NOT AN INTERMEDIARY BETWEEN YOU AND ANY CANNABIS PROVIDER OR STORE THAT MAY BE PRESENTED AS AN OPTION FOR CANNABIS PRODUCTS OR DEVICES FOR YOU TO CONSIDER WHEN USING THE SERVICES. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY CANNABIS PRODUCT OR SERVICE YOU MAY ULTIMATELY OBTAIN FROM ANY PROVIDER OR STORE. PURCHASE OF PRODUCTS FROM A CANNABIS PROVIDER OR STORE IS SUBJECT TO ANY APPLICABLE TERMS OF USE AND/OR POLICIES OF SUCH CANNABIS PROVIDERS AND/OR STORES. NOTHING IN THIS SECTION AFFECTS WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
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LIMITATION OF LIABILITY. EO AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. EO WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY CONTENT POSTED IN CONNECTION WITH THE SERVICES BY US OR ANY THIRD PARTY. EO WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS, USE, OR DISCLOSURE OF ANY INFORMATION RELATING TO YOU HELD, MAINTAINED, OR UNDER THE CONTROL OF ANY THIRD PARTY, INCLUDING ANY SECURITY BREACH RELATING TO INFORMATION ABOUT YOU EXPERIENCED BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. OUR MAXIMUM LIABILITY FOR ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, PENALTIES, FINES, COSTS, EXPENSES, CAUSES OF ACTION, AND SETTLEMENTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICES OR $50, WHICHEVER IS GREATER.While we try to maintain the integrity and security of the Services, we do not guarantee that the Services will be or remain secure, complete, or correct, or that access to the Services will be uninterrupted. Third parties may make unauthorized alterations to the Services, and we are not responsible for these alterations. If you become aware of any unauthorized third party alteration to the Services, contact us at support@eo.care with a description of the issue and the URL or location within the Services where the issue appears.
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Indemnity. You agree to defend, indemnify and hold harmless eo from and against all claims, losses, damages, liabilities, penalties, fines, costs, and expenses (including attorneys' fees) arising out of (a) your use of, or activities in connection with, the Services; or (b) any violation of these Terms by you.
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Rules of Conduct. While using the Services, you will comply with applicable law. In addition, you will not:
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Post, transmit, or otherwise make available, through or in connection with the Services:
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Anything that is or may be (A) threatening, harassing, degrading, hateful, or intimidating; (B) defamatory; (C) fraudulent or tortious; (D) obscene, indecent, pornographic, or otherwise objectionable; or (E) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express prior consent of the owner of such right.
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Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
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Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
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Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” or investment opportunity, or any other form of solicitation.
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Any material, non-public information about any person without the proper authorization to do so
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Use the Services for any fraudulent or unlawful purpose.
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Use the Services to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Services.
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Impersonate any person, including any representative of us; falsely state or otherwise misrepresent your affiliation with any person in connection with the Services; or express or imply that we endorse any statement or posting you make.
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Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available; or violate any requirements, procedures, policies or regulations of such networks.
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Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of the Services).
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Use the Services to advertise or offer to sell or buy any goods or services
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Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Services.
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Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services.
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Remove any copyright, trademark, or other proprietary rights notice from the Services or materials relating to the Services.
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Frame or mirror any part of the Services.
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Create a database by downloading and storing any Services content.
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Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather Services content or reproduce or circumvent the navigational structure or presentation of the Services.
You also agree that you are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Services and paying all related charges
- Termination by Us. These Terms are effective until terminated. We, in our sole discretion, may limit or terminate your access to or use of the Services, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination, your right to use the Services will immediately cease. Any limitation or termination of your access to or use of the Services may be effected without prior notice, and we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. eo will not be liable to you or any third party for any termination of your access to the Services or to any such information or files and will not be required to make such information or files available to you after termination. Sections 2, 3, 4, 6, 7, 13, 14, 15, 17, 18, 19, 20 and 23 will survive any expiration or termination of these Terms, your account, or your subscription.
- Terminating Your Account. You may terminate your account with us at any time by clicking “settings” under “Profile” and then clicking “Delete eo Account” and following the necessary steps. Your instructions will become effective in one business day or such longer period as will be commercially reasonable under the circumstances for us to act on your instructions. We will retain (a) your name and email address, the recommendations, care plans, and shopping lists we provided to you, your profile and other identifiers (for example, registration dates, IP address), and (b) your profile information and any other information about you or provided by you solely for record keeping purposes with respect to the guidance we have made to you and for no other purpose. We may anonymize and aggregate your information with other anonymized data to help us provide, optimize, improve, promote, or market our products and services, create new products and services, or conduct or further our business.
- Governing Law and Disputes; Binding Arbitration. These Terms are governed by and will be construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/aaa/faces/rules/searchrules/rulesdetail?doc=ADRSTAGE2021424), as amended by these Terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction. Nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
- Jurisdictional Issues. The Services are hosted by us from the United States and are not intended to subject us to the laws or jurisdiction of any jurisdiction other than the United States. We do not represent or warrant that the Services are appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all foreign, federal, state, local, and other laws. We may limit the availability of any Service to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
- Information or Complaints. If you have a question or complaint regarding the Services, please contact us at support@eo.care. You may also contact us by writing to 36 Washington Street, Suite 170, Wellesley MA 02481 or by calling us at 888-823-6143.
- Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available provided in connection with the Services infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: CEO, EO Care, Inc, 36 Washington Street, Suite 170, Wellesley, MA 02481. Email: support@eo.care.We suggest that you consult your legal advisor before filing a notice or counter-notice.
- Miscellaneous. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title of these Terms is inserted only as a matter of convenience, and in no way defines or explains any section or provision. These Terms, together with any Additional Terms and all policies, guidelines, and rules incorporated by reference, represent the entire agreement between you and us relating to the subject matter of these Terms and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Services, by e-mail, or by regular mail, in our discretion. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address. You agree that a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failures to fulfill any obligations due to causes beyond our control.
- Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary in these Terms, the following provisions apply with respect to your use of any version of the application (“App”) compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to us in accordance with Section 21 (Information or Complaints). The license you have been granted in this Section 24 is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary; notwithstanding the foregoing, our right to enter into, rescind, or terminate any variation, waiver, or settlement under these Terms is not subject to the consent of any third party.
