THE BSTABLE APPLICATION DOES NOT PROVIDE MEDICAL ADVICE.
The content on the bStable application, such as text, graphics, images, and any other material contained in the bStable application are for informational purposes only. The data is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
If you think you may have a medical emergency, call your doctor or 911 immediately. McGraw Systems LLC does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information. Reliance on any information provided by the bStable application is solely at your own risk.
User Privacy
User agrees that McGraw Systems LLC shall have technical access to user’s account in order to respond to technical questions or to offer technical support.
User agrees that his or her BStable data may be viewed by other individuals for the purpose of research and examination by qualified health care professionals with whom the User has permitted access. User has the option to keep certain data private.
McGraw Systems LLC shall not disclose a user’s personally identifying information to ANY organization for ANY commercial gain or commercial purpose.
User Contact
User agrees to allow McGraw Systems LLC to contact the User by e-mail. McGraw Systems LLC’s e-mail contact with User is limited to matters regarding the instruction on the use and operation of the bStable application. McGraw Systems LLC will NOT contact Users about commercial offers from itself or any other party.
Indemnification
User agrees to indemnify and hold harmless McGraw Systems LLC, its officers, directors, employees and agents, from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of user’s conduct, user’s use of the bStable application, any alleged violation of this agreement, or any alleged violation of any rights of another, including but not limited to user’s use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with user’s account. McGraw Systems LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user, but doing so shall not excuse user’s indemnity obligations.
Disclaimer of Liability
THE BSTABLE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER THIS AGREEMENT NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE BSTABLE APPLICATION WILL BE ERROR FREE OR THAT THE APPLICATION WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR-FREE SERVICE. THE SECURITY MECHANISM INCORPORATED INTO THE BSTABLE APPLICATION HAS INHERENT LIMITATIONS AND USER MUST DETERMINE THAT THE APPLICATION ADEQUATELY MEETS ITS REQUIREMENTS. USER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DONE AT ITS OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. MCGRAW SYSTEMS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF MCGRAW SYSTEMS LLC IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM USERS USE OR INABILITY TO USE THE APPLICATION, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Agreement Modification
McGraw Systems LLC reserves the right to modify this agreement at its sole discretion at any time without prior written notice.
General
This agreement and the relationship between User and McGraw Systems LLC shall be governed by the laws of the state of Massachusetts without regard to its conflict of law provisions. User and McGraw Systems LLC agree to submit to the personal and exclusive jurisdiction of the courts of the state of Massachusetts. McGraw Systems LLC’s failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement 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 agree that the other provisions of this agreement remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred. The section titles in this agreement are for convenience only and have no legal or contractual effect.