TERMS OF SERVICE
Last Updated May 10, 2016
2) Permitted Users of App
This App is directed to persons 18 years of age or older. This App and Circadian Design do not knowingly collect information from persons under age 18 or children under age 13. If you are under 18 years of age, you may visit, browse and use the information on the App, but you may not submit any personal information to the App. If you are under age 13, you are not permitted to use this App or to submit any personally identifiable information to the App.
3) Permitted Use of App
The content available through the App (the “Content”) is the sole and exclusive property of Circadian Design and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the App or the Content other than as expressly authorized by Circadian Design in writing. Use of the App or the Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to access the App by any means other than through a standard web browser.
So long as you agree and comply with these Terms, and unless these Terms are otherwise terminated or modified by Circadian Design, you are permitted to view and use the App and the Content solely for your own information and for purchase of the products or services offered here. You may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the App or the Content unless expressly authorized by Circadian Design. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the App or in the Content.
Special terms may apply to some products or services offered on the App, or to any sweepstakes, contests or promotions that may be offered on the App. Such special terms (which may include official rules) may be posted in connection with the applicable product, service, sweepstakes, contest, promotion, feature or activity. Any such special terms are in addition to these Terms and, in the event of a conflict, any such terms shall prevail over these Terms.
5) Proprietary Rights
You acknowledge and agree that, as between Circadian Design and you, all right, title, and interest in and to the App and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Circadian Design or its licensors and are protected by United States intellectual property laws and other applicable laws.
Copyright: All content included in the App, such as text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of Circadian Design or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the App for the sole purpose of placing an order on the App; using the App as a resource; or using the App for personal information. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the App, is strictly prohibited.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the App are proprietary to Circadian Design. Without limiting the foregoing, Circadian Design and Round Health are registered trademarks of Circadian Design. Unauthorized use of any trademark of Circadian Design may be a violation of trademark laws. Any third party names or trademarks referenced in the App do not constitute or imply affiliation, endorsement or recommendation by Circadian Design or of Round Health by the third parties.
6) Your Indemnity of Circadian Design
7) User Generated Content
Communications Services: The App may contain galleries for blogs, chat areas, forums, comments and rankings, contests, communities, calendars, and/or other message or communication facilities designed to enable you and others to communicate with Circadian Design, the App and other users of the App (collectively, "Communication Services"). Where the App seeks your submissions, you acknowledge that your submissions may be or become available to others. You agree to use the Communication Services only for your personal use in connection with your personal information and enjoyment of the App. You agree only to post, send and receive messages and materials that are proper and related to the particular Communication Service.
Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Circadian Design reserves the right to determine what types of conduct it considers to be inappropriate use of the App. In the case of inappropriate use, the App moderator may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
1. Use the App or the Content for any purpose or make any other actions in violation of local, state, national, or international laws or regulations.
2. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
3. Take any action that imposes an unreasonable or disproportionately large load on the App's infrastructure or otherwise in a manner that may adversely affect performance of the App or restrict or inhibit any other user from using and enjoying the Communication Services or the App.
4. Use the App for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content or any other materials or information available from the App.
5. Aggregate, copy, duplicate, publish, or make available to third parties outside the App in any manner any of the Content or any other materials or information available from the App.
6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
8. Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights thereto or have received all necessary consents.
9. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
10. Use the App to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
12. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
13. Engage in any other action that, in the judgment of Circadian Design, exposes it or any third party to potential liability or detriment of any type.
User Materials: Any content or views posted, shared, transmitted or otherwise made available by users through the App (“User Materials”) are strictly those of the originating author, who is solely responsible for its content. Use of or reliance on User Materials is entirely at your own risk. Circadian Design does not endorse any User Materials nor vouch for their reliability. Under no circumstances will Circadian Design be liable in any way for any User Materials.
You understand that by using the App, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any Content available on or through the App.
Submissions: You are solely responsible for the User Materials that you post, share, email, transmit or otherwise make available via the App (“Submission”). All Submissions are subject to these Terms. Circadian Design is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.
By making a Submission, you represent and warrant that your Submission is true, your own original work, and does not infringe any other person’s or entity’s rights, and that you and any other person mentioned or shown in your Submission release any and all claims concerning Circadian Design’s or its designees’ use, modification or distribution of the Submission or any part thereof. You must own all rights, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission. You agree that you must evaluate, and bear all risks associated with, your disclosure of any Submission.
By making a Submission, you grant Circadian Design and its licensees, assignees and designees an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display your Submission (in whole or in part), along with your name or any part thereof and state of residency, in Circadian Design’s discretion, on the App or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.
Circadian Design may, in appropriate circumstances and at its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Circadian Design’s Copyright Agent a Notice containing the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site (providing URL(s) in the body of an email is the best way to help Circadian Design locate content quickly);
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Circadian Design’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:
140 2nd Street
San Francisco, CA94104
Telephone: +1(415) 617-5898
Links to Other Websites and Search Results: The App may contain links to websites operated by other parties. The App provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of Circadian Design and Circadian Design is not responsible for the content available on these third party sites. Such links do not imply endorsement of information or material on any other site and Circadian Design disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that Circadian Design shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
10) Modifications to App
Circadian Design reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App, or any portion thereof, with or without notice. You agree that Circadian Design shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App.
You acknowledge and agree that the availability of the Application is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms are between you and Circadian Design and not with the App Store. Circadian Design, not the App Store, is solely responsible for the Circadian Design App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Circadian Design, including the Application. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
12) No Medical Advice Provided
THE INFORMATION PROVIDED ON THE APP AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH ROUND HEALTH IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE APP. DO NOT USE THE SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, PLEASE CALL 911. YOUR USE OF INFORMATION PROVIDED ON THE SITE AND THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR PROVIDED OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
NO DOCTOR-PATIENT RELATIONSHIP, OR OTHER HEALTH CARE PROFESSIONAL-PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE APP OR THROUGH ANY OTHER COMMUNICATIONS FROM EVERSEAT. IN NO EVENT SHALL EVERSEAT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY INFORMATION ON THE APP.
13) Suspension and Termination Rights
Circadian Design reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the App for any reason, including without limitation any breach by you of these Terms. You agree that Circadian Design shall not be liable to you or any third party for any such suspension or termination.
THE APP AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS OFFERED FOR SALE AND MATERIALS AND ACTIVITIES CONTAINED IN OR ADVERTISED ON THE APP, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Circadian Design AND ITS SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content or access to the App is free of viruses or other harmful code
15) Limitation on Liability
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
16) Governing Law and Disputes
These Terms shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in or for San Francisco County, in the State of California, U.S.A., to settle any dispute which may arise out of, under, or in connection with these Terms, as the most convenient and appropriate for the resolution of disputes concerning these Terms. Any cause of action or claim you may have with respect to these Terms, Circadian Design, the App or its Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
The App is controlled within the United States of America. Those who choose to access the App from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Circadian Design does not represent that the App or Content are appropriate outside the United States of America.
17) Force Majeure
Circadian Design shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.
These Terms set forth the entire understanding and agreement between you and Circadian Design with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Circadian Design’s failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Circadian Design, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms.
The communications between you and Circadian Designs use electronic means. For contractual purposes, you (1) consent to receive communications from the Company in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Circadian Design provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.