Effective Date: November 16, 2018
Thank you for your interest in Boston Medical Center (“BMC”) and the Hey Mama Mobile Application (“App”). Please read the following terms and conditions with care before using the App. By downloading the App to your mobile device and by using the App, you consent to the following terms and conditions. These terms govern your use of the App offered by BMC.
All content or material within this App are the property of BMC and/or its subsidiaries or affiliates. The content on the App is provided to you without charge as a convenience and for your informational purposes only. This App offers educational information on our organization, its services, health-related issues, and resources. This information is not intended to be a substitute for professional medical advice, medical diagnosis, or treatment. Always seek the advice of your physician if you have any questions regarding a medical condition.
License Grant and Restrictions
The App (including updates, patches, and upgrades) is licensed and not sold to you. BMC hereby grants you a personal, revocable, non-exclusive, non-transferable, limited right to install and use the App through your mobile device. Any unlawful use of the App or use inconsistent with these terms and conditions is prohibited and will result in automatic termination of such license.
You may not and may not allow others to: (a) decompile, reverse engineer, disassemble, or decrypt the App; (b) make any modification to or derivative work from the App; (c) violate any policies, laws, or regulations governing your use of the App; (d) remove, alter or obscure any proprietary notice of BMC or its licensors; (e) use the App to create a competitive or similar application, software or product; or (f) remove, disable, circumvent or workaround any copy protection, right management or security feature of the App.
These Terms are between you and BMC and not with any mobile application market, e.g. Google Play or the Apple Inc. App Store (“Mobile App Store”). Your ability to download and use the App may depend on your compliance with the Mobile App Store’s own terms and conditions. The Mobile App Store is not responsible or liable for your use of the App.
Intellectual Property Rights
User Content: You may choose to submit comments, suggestions, or ideas about the App. BMC and its affiliates may use, copy, modify, publish, or redistribute the submission for any purpose and in any way without paying any compensation to you.
Trademarks. All trademarks, logos, and service marks (“Marks”) displayed on the App are the property of BMC, its affiliates, or licensors and are used with permission by BMC. You are not permitted to use any of the Marks without the prior written consent of BMC or its affiliates and, if applicable, its licensor.
Updates and Changes to the App
BMC is constantly trying to improve our App, so they may change over time. BMC may develop patches, bug fixes, updates, and upgrades to offer new features or improve the performance of the App. BMC may suspect or discontinue any part of the App, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the App. In some cases, the changes BMC makes to the App may cause older hardware devices, third party services, software configurations or setups to no longer work with the App, and you may be required to update or change these devices, services, configurations or setups in order to continue using the App. BMC will try to give you notice when we make a material change to the App that would adversely affect you, but this isn’t always practical or possible.
BMC cares about your security and the security of the information you provide us. However, BMC cannot guarantee that our security will never be compromised or that unauthorized parties will never access the information you provide us. You provide your information at your own risk.
Mobile Services Carrier and Provider Data Charges
Please be aware that the terms and conditions you agree to with your mobile services carrier or provider may apply fees, limitations and restrictions which might impact your use of the App, for example, your mobile services carrier or provider may impose data usage charges for your use of or interaction with the App, including while downloading the App, or other use of your mobile device when using the App, and you agree to be solely responsible for all such fees, limitations and restrictions.
No Medical Advice
All health and health-related information contained within the App is intended to be general in nature and should not be used as a substitute for a visit with a health care professional. No information provided in the App may be considered medical advice. The information may not be relevant to your individual situation and may be misinterpreted. BMC assumes no responsibility for how you use information obtained from this site. Before making any decisions regarding your health care, ask your personal physician.
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE.” BMC DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, RELIABLE, SECURE, ERROR-FREE, OR COMPATIBLE WITH ANY THIRD PARTY PRODUCT OR SERVICES. BMC, ITS AFFILIATES, AND LICENSORS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE APP, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, BMC, ITS AFFILIATES, AND LICENSORS DISCLAIM LIABILITY FOR PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING FOR LOST PROFITS, LOSS OF GOODWILL OR BUSINESS OPPORTUNITIES, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP. EVEN IF THE DAMAGES WERE FORESEEABLE AND BMC WAS ADVISED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
Any dispute or claim relating in any way to your use of the App will be resolved by binding arbitration, rather than in court, finally settled in Boston, Massachusetts, USA. The Federal Arbitration Act and federal arbitration law apply to this agreement. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedure for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org. Payment of all filings, administration, and abreaction fees will be governed by the AAA’s rules.
We each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
BMC may suspect or terminate your right to use the App without prior notice if it reasonably believes that you failed or intent to fail to comply with any of these provisions or violate any applicable law, regulation, license or terms of services.
Changes to these Terms
Reservation of Rights
Our failure to enforce any provision of this agreement shall not be construed as a waiver of any provision or right.
How to Contact Us
Any questions with respect to this notice should be directed to the Digital Marketing team using our Website Feedback form.
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