Terms of Use

Updated and Effective as of: January 18, 2021

THESE TERMS OF USE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS OVER THE RESOLUTION OF CLAIMS. PLEASE READ THEM CAREFULLY. 
 

1.    Acceptance and Binding Effect
These Terms of Use are entered into by and between you and Sjogren’s Tracker LLC, its officers, directors, employees, consultants, agents, affiliates, and representatives (collectively, the "Company," "we," "us," or “our”). The following terms and conditions ("Terms of Use") govern your access to and use of www.sjogrensdiary.com, www.sjogrenstracker.com (the "Websites"), Sjogren's Tracker (the "App"), and any other content or services provided by us (collectively, the "Services"). By using these Services, you accept and agree to be bound by these Terms of Use and our Privacy Policy, incorporated herein by reference. 

2.    Changes to These Terms
We reserve the right to change these Terms of Use at any time, with or without prior notice. We may do so by posting the updated Terms of Use on the Websites, the App, or by any other reasonable means. Updated Terms of Use are binding on you with respect to your use of these Services. Your continued use of the Services will constitute your acceptance of the updated Terms of Use. 

3.    Age
Our Services are intended only for users aged 18 or older. You represent and warrant that you are at least 18 years of age and you have full power and authority to agree to these Terms of Use. Individuals under the age of 18 are prohibited from using our Services, and accounts for any such persons may be terminated upon discovery. 

4.    Reliance
NONE OF THE SERVICES OR INFORMATION PROVIDED BY US CONSTITUTE (a) MEDICAL OR PROFESSIONAL ADVICE OR RECOMMENDATION OF ANY KIND, or (b) AN INDICATION OF RESULTS THAT MAY BE ACHIEVED.

The App requires your active engagement and participation, and you understand that, despite your efforts, individual user’s results may vary. We do not guarantee that your use of any of our Services will allow you to effectively manage your condition. 

Please consult with medical professionals for any changes in symptoms and before starting or stopping any medication. If you believe there to be a medical emergency, please call your doctor or 911 immediately. We do not recommend or endorse any specific physicians, tests, products, procedures, opinions, or other information that may be referenced in our Services. 

5.    Links from our Services
If any of our Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of third-party sites or resources, and accept no responsibility for them or for any loss or damages that may arise from your use of them. Your access to any of the third-party sites or services linked or referred to in our Services will be entirely at your own risk and subject to the terms of use of such other sites or service providers. 

6.    Intellectual Property Laws
Our Services (including our App and Websites), their contents, features, and functionality (including, but not limited to, all information, text, software, algorithms, displays, video, audio, images, and the design, selection, and arrangement thereof) are protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws. You may not reproduce, reverse engineer, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials from our Services without our prior written consent. You do not acquire any ownership rights or other interest in any content from these Services through your use of them. Subject to your compliance with these Terms of Use, we grant you a non-exclusive, non-transferable, revocable, limited right to access, use, and display information and content that you provide through the Services for your personal and noncommercial use. 

Your use of the Services is governed and subject to laws regarding copyright ownership and intellectual property. You agree not to upload, post, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyright, trademark, or other intellectual property or proprietary rights. You will be solely responsible for any violations of relevant laws caused by your use of the Services. 

7.    User Registration and Content
Use of our Services (including our App and Websites) may require that you register and provide certain information about yourself. The information collected in connection with our Services is subject to our Privacy Policy. By using these Services, you consent to our use of your information in compliance with the Privacy Policy. 

A user account will require the submission of your email address and a password. You may also be prompted to provide optional biographical information. You are responsible for all activities that occur under your user account. You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of the data you provide. You agree to 1) maintain the confidentiality of your password and user account information; 2) use your best efforts to prevent unauthorized access to, or use of, your account and notify us promptly of any unauthorized use; and 3) comply with all applicable local, state, and federal laws in using the Services. 

You grant us a license to use any content you submit in connection with your use of the Services. By posting, displaying, performing, transmitting, or otherwise entering information or other content on our Services (“User Submission”), you are granting us a license to use the User Submission, including, without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the User Submission. You will not be compensated for any User Submission. You represent that you own the rights to the User Submission or are otherwise authorized to post, distribute, display, perform, or transmit the User Submission and grant a license for same. 

8.    Prohibited Use
You are prohibited from violating or attempting to violate any security features of our Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Websites or App or overloading their servers through use of robot, spider, or other automatic device, process, or means; and (d) using the Services to send unsolicited e-mails, including, without limitation, promotions or advertisements for products or services. 

You agree not to upload, perform, transmit, or otherwise distribute any content on our Services that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate the transmission or distribution of any such material on any of our Services and, if applicable, to delete any such material from our Services.  

We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violations of these Terms of Use or of any applicable laws. 

9.    Terminations
We reserve the right to terminate your use of our Services or any accounts you may have created, with or without notice to you. Without limiting the foregoing, we may terminate your use of our Services if we believe you have violated any of these Terms of Use, furnished false or misleading information, or interfered with others’ use of the Services. We have no obligation to maintain, store, or transfer to you information or data that you have submitted through our Services. 

10. Subscriptions and Payment Processors 
The App offers three Auto-renewing Subscriptions for its Premium Services on Apple’s App Stores.   
•    One-month subscriptions: one-month subscriptions automatically renew after each month, at a rate of $1.99 per month.
•    Six-month subscriptions: six-month subscriptions automatically renew at the end of six months, at a rate of $9.99 per six months ($1.70 per month for six months).
•    One-year subscriptions: one-year subscriptions automatically renew at the end of a year, at a rate of $17.99 per year ($1.50 per month for 12 months).
Purchase of Subscriptions through Apple is governed by Apple’s terms: https://www.apple.com/legal/internet-services/itunes/us/terms.html.  Subscriptions may be canceled through Apple (see https://support.apple.com/en-us/HT202039).

All financial transactions made in connection with the Services will be processed by third parties in accordance with their respective terms of use, privacy policy, and/or payment terms and conditions.  Such terms and practices of the third parties are generally available at their websites. The Company shall not be responsible for the action or inaction of any third-party payment processors, including, without limitation, any system downtime, errors, or payment service outages at the processor sites.  

11. Disclaimer of Warranties
OUR SERVICES AND THEIR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WE MAKES NO REPRESENTATION OR WARRANTY THAT OUR CONTENT OR ANY SERVICES PROVIDED WILL BE ACCURATE, RELIABLE, ERROR-FREE, FREE OF VIRUSES, UNINTERRUPTED, OR OTHERWISE MEET THE NEEDS OR EXPECTATIONS OF THE USER. YOU ASSUME THE RISK OF ANY AND ALL DAMAGES OR LOSS FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. 

12. Arbitration
YOU AGREE TO SUBMIT ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING FROM OR RELATED TO THE INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION OF THESE TERMS OF USE, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING NEW YORK LAW. THERE IS NO JUDGE OR JURY IN ARBITRATION, BUT AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT, AND WILL LOOK TO THESE TERMS OF USE AND NEW YORK LAW AS A COURT WOULD. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAW SUIT. 

YOU AGREE TO ARBITRATE IN YOUR INDIVIDUAL CAPACITY ONLY – NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS – AND YOU EXPRESSLY WAIVE TRIAL BY JURY AND ANY RIGHT TO FILE A CLASS ACTION CLAIM OR SEEK RELIEF ON A CLASS-ACTION BASIS. IF, FOR ANY REASON, A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.

ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR BE FOREVER WAIVED AND BARRED. 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to contact@sjogrensdiary.com.

Notwithstanding the above, you agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. 

13. Limitation of Liability
To the extent permitted by law, our liability to you will be limited under the terms of this paragraph. In no event will the Company be liable for any indirect, special, incidental, consequential, or punitive damages related to your use or inability to use our Services or access any of their contents. This limitation shall apply whether the damages arise out of breach of contract, tort, or any other legal theory, and preclude recovery of damages such as pain and suffering, emotional distress, loss of revenue, loss of profit, loss of business, loss of use, and loss goodwill, regardless of the foreseeability of those damages. 

14. Indemnity
You agree to indemnify, defend, and hold harmless the Company from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorneys’ fees and costs) arising from or relating to a) your use of our Services, b) your violation of these Terms of Use, or c) your violation of any other party’s rights or applicable law. Further, in the event you engage in a dispute with any third party relating to any content posted on our Services, you release us from any and all claims, demands, and damages of every kind and nature arising out of or connected with such disputes. 

15. Governing Law
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of New York, without regard to their rules concerning conflict of laws. 

16. Entire Agreement
These Terms of Use (including any incorporated terms) constitute the entire agreement between you and the Company. In agreeing to these Terms of Use, neither you nor the Company has relied on or will have any right or remedy based upon any statement or representation other than those explicitly stated in these Terms of Use. 

17. Severability
If, for any reason, a court of competent jurisdiction or arbitrator finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.  

18. Waiver
No waiver of any breach of any provisions of these Terms of Use shall be effective unless made in writing and signed by an authorized representative of the waiving party; and no waiver shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof. 

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If you have any further questions or comments about our Terms of Use, please email us at contact@sjogrensdiary.com.