Terms of Use 2017-01-04T23:13:55+00:00

EFFECTIVE:
JAN 1, 2016

If you have questions, please email us at: contact@giblib.com

Terms of Use

1. TERMS OF SERVICE

Pragma, Inc., (“us,” our” or “we”), provides a messaging and communications service called “GIBLIB” (the “Services”) through our website (the “Site”) and our application for mobile devices, tablet computers and similar devices (the “App”). Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy. These Terms govern your access to and use of the Site, Services, App and Collective Content (defined below), and constitute a binding legal agreement between you and Pragma, Inc.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “AGREE” OR “I ACCEPT” BUTTON, OR ACCESSING OR USING THE SITE, SERVICES OR APP, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE SITE, SERVICES OR APP, YOU ARE INDICATING THAT YOU HAVE READ, AND UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE OR APP. YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, APP OR COLLECTIVE CONTENT UNLESS YOU AGREE TO THESE TERMS. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” extends beyond you to also refer and apply to that company or other legal entity.

2. KEY CONTENT-RELATED TERMS

“Content” means text, graphics, videos, images, software (excluding the App) information or other materials.

“Collective Content” means, collectively, GIBLIB Content and Registered User Content. Certain areas of the Site and App (and your access to or use of certain Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, App or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, App or Collective Content. Unless explicitly stated otherwise, any new features that augment or enhance the current Services in future shall be subject to these Terms; they will be posted to the Site as available as well as to the App and you are deemed to have accepted them.

“GIBLIB Content” means Content that we make available through the Site, Services or App, including any Content licensed from a third party, but excluding Registered User Content.

“Paging” means GIBLIB’s feature which allows Users to contact a specific specialty of Verified Users with whom they can share a particular video, while concurrently sharing it with all Registered Users.

“Registered User” and “you” means a person that completes GIBLIB’s account registration process, as described in the “Account Registration” section below; “your” applies as the meaning of the clause requires.

“Registered User Content” means Content a Registered User posts, uploads, publishes, submits or transmits to be made available through the Site, Services or App.

“Verified User” means a Registered User who has been verified to be a licensed health care professional or student in a recognized health care program. Pragma, Inc. will also have the discretion to verify inactive or retired health care professionals.

3. MODIFICATION

Pragma, Inc. reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Services or App or to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modification via the Site or App or provide you with notice of the modification. By continuing to access or use the Site, Services or App after we have posted a modification via the Site or App or have provided you with notice of a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to immediately stop using the Site, Services and App.

4. ACCOUNT REGISTRATION; CONDITIONS ON ACCESS AND USE OF SERVICES

Access to and use of the Services is limited to individuals who are at least 18 years of age and residents of Canada, the United States, Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei, Bulgaria, Burma, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, Chile, China, Columbia, Comoros, Costa Rica, Croatia, Cyprus, Czech Republic, the Democratic Republic of the Congo, Denmark, Djibouti, Dominican Republic, East Timor, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Georgia, Ghana, Germany, Greece, Grenada, Guatemala, Guinea, Guinea Bissau, Guyana, Haiti, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Iraq, Ireland, Israel, Italy, Ivory Coast, Japan, Jordan, Kazakhstan, Kenya, Kiribati, Kosovo, Kuwait, Kyrgyzstan, Laos, Latvia, Lebanon, Lesotho, Liberia, Lichtenstein, Lithuania, Luxembourg, Macau, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia, Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Namibia Nauru, Nepal, the Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Palau, the Palestinian Territories, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, the Russian Federation, Rwanda, Saint Kitts & Nevis, Saint Lucia, Saint Vincent & the Grenadines, Samoa, Sao Tome and Principe, Kingdom of Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Korea the Spanish Kingdom, Sri Lanka, Suriname, Swaziland, Sweden, Switzerland, Taiwan, Tajikistan, Tanzania, Thailand, Togo, Tonga, Trinidad & Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Ukraine, the United Arab Emirates, the United Kingdom, Uganda, Uruguay, Uzbekistan, Vanuatu, Venezuela, Vietnam, Yemen, Zambia and Zimbabwe (the “Countries”). If you access and use the Services, but are not a resident of one of the Countries, then you are responsible to ensure that your use of the Services complies with the laws of the your country of residence and assume the risks (including indemnity under Section 19) attendant to the use of the Services and the use of any materials that you provide. You must register to create an account (“Account”) and become a “Registered User” to use the Services. To register, you must provide a user name, your email address, your medical specialty, and other information specified in the registration form (“Registration Data”). By registering, and in consideration of the use of the Services, you represent and warrant: (i) the Registration Data that you provide about yourself is true, accurate, current, and complete; (ii) you are at least 18 years of age; and (iii) you will maintain and promptly update the Registration Data to keep it at all times true, accurate, current and complete. You authorize Pragma, Inc. to confirm the truthfulness and accuracy of the Registration Data but agree that such authorization in no way binds Pragma, Inc. to do so. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Pragma, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pragma, Inc. has the right to suspend or terminate your Account and refuse any and all current or future use of the Services. You also authorize Pragma, Inc. to access your contact list and/or address book on your device at your direction in order to allow you to share information and videos with specific contacts you choose or to allow you to invite specific contacts you choose to use the Services. If your invitee is a resident of Argentina, Australia, Azerbaijan Brazil, Chile, Costa Rica, Iceland, Israel, Japan, Mexico, New Zealand, Norway, Peru, South Africa, South Korea, Turkey, the United Kingdom, Ireland, Venezuela, or any part of the European Economic Area, you must obtain his or her prior consent to using his or her e-mail address to share information or videos or issue an invitation to use the Services.

Use of the Services is void where prohibited by law or otherwise. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services. You understand that your use of the Services may involve or require the transmission of significant amounts of data. You are solely responsible for all data charges that may be charged by your wireless carrier or internet service provider or that may otherwise arise from your use of the Services.

You understand and agree that the Services may include certain communications from Pragma, Inc., such as service announcements and administrative messages, and that while these communications are considered part of GIBLIB membership, you will be able to opt out of receiving them. However, you will not be able to opt out of any announcements and messages related to the implementation of GIBLIB’s Privacy Policy and your obligations thereunder with regard to your Registered User Content.

Please note that Pragma, Inc. does not currently charge fees for the use of the Services. However, you acknowledge and agree that Pragma, Inc. reserves the right, in its sole discretion, to charge you for and collect fees from you for the use of the Services to send and receive communications. Pragma, Inc. will provide notice of any fee collection via the Services, prior to implementing such a fee, and you will have a choice at that time to continue to use the Services or not. If you choose not to pay, Pragma, Inc. reserves the right to immediately terminate your access to the Services.

Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Pragma, Inc. may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

5. SECURITY

The Services are designed to require users to provide a valid, working e-mail address and password to access and use the Site, Services, App and Collective Content. Upon registering, you will select a password. Your e-mail address and the password and codes assigned to you are, collectively, your “User Information.” You are solely responsible for (1) maintaining the strict confidentiality of your User Information, (2) not allowing another person to use your User Information to access the Services, (3) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Information. You agree to immediately notify Pragma, Inc. in writing by email of any unauthorized use of your User Information or any other breach of security. Pragma, Inc. is not and shall not be liable for any harm arising from or relating to the theft of your User Information, your disclosure of your User Information, or the use of your User Information by another person or entity. Any attempt to obtain unauthorized access or to exceed authorized access to the Site, Services, App or Collective Content shall be considered a trespass and computer fraud and abuse, punishable under national, provincial, state and federal laws. Pragma, Inc. hereby notifies you that any or all communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by Pragma, Inc. in its sole discretion and without further notice. Notwithstanding the foregoing, as a Registered User, you remain responsible for your individual compliance with any additional applicable notification requirements related to the unauthorized use of User Information or Registered User Content.

6. DISCLAIMERS

6.1. NO DIAGNOSTIC SERVICE

GIBLIB IS PRIMARILY AN EDUCATIONAL TOOL AND IS NOT INTENDED TO SERVE THE FOLLOWING NEEDS: AS A DIAGNOSTIC SERVICE; AS A CONFIRMATORY SERVICE TO PROVIDE CERTAINTY IN DIAGNOSIS; TO SELECT, GUIDE, OR PROMOTE THERAPY OF MEDICAL CONDITIONS; FOR USE IN HAZARDOUS OR MISSION-CRITICAL CIRCUMSTANCES OR FOR USES REQUIRING FAIL-SAFE PERFORMANCE; OR IN SITUATIONS WHERE FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY (COLLECTIVELY, “UNAUTHORIZED PURPOSES”). BECAUSE GIBLIB HAS NOT BEEN DESIGNED, INTENDED, OR AUTHORIZED FOR SUCH UNAUTHORIZED PURPOSES, YOU SHALL NOT USE THE SITE, SERVICES OR APP FOR SUCH PURPOSES OR UNDER SUCH CIRCUMSTANCES. YOU FURTHER ACKNOWLEDGE THAT THE USE OF GIBLIB’S SITE, SERVICES, AND APP FOR SUCH UNAUTHORIZED PURPOSES MAY CONSTITUTE A VIOLATION OF LAWS APPLICABLE TO THE PRACTICE OF MEDICINE OR OTHER HEALTH PROFESSION(S).

6.2. NO WARRANTY

YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SITE, SERVICES OR APP IS SOLELY AT YOUR OWN RISK.

6.3 PAGING FEATURE; NO MEDICAL SERVICES

GIBLIB’S PAGING FEATURE IS TO BE USED SOLELY TO OBTAIN FEEDBACK, FOR EDUCATION AND FOR DISCUSSION. NEITHER THE USER SENDING THE PAGE NOR THE USER RESPONDING TO THE PAGE ARE INTENDING TO OR ARE PROVIDING MEDICAL SERVICES BY DOING SO.

GIBLIB’S PAGING FEATURE HAS NOT BEEN DESIGNED, INTENDED, OR AUTHORIZED FOR DIAGNOSTIC PURPOSES AND IS ONLY AN INFORMATIONAL TOOL. UNDER NO CIRCUMSTANCE IS GIBLIB PROVIDING A DIAGNOSTIC TOOL OR A DIAGNOSTIC PLATFORM. GIBLIB USERS SHALL NOT USE THE SITE, SERVICES OR APP FOR SUCH PURPOSES OR UNDER SUCH CIRCUMSTANCES.

A USER USING THE PAGING FEATURE IS NOT REQUESTING AND SHALL NOT REQUEST A MEDICAL CONSULTATION OF ANY KIND; YOU ARE SOLELY REQUESTING FEEDBACK, EDUCATION AND DISCUSSION. YOU ACKNOWLEDGE THAT YOU ARE NOT ENGAGING IN THE PRACTICE OF MEDICINE NOR REQUESTING MEDICAL SERVICES OF ANY KIND OR INTENDING TO CREATE ANY KIND OF PHYSICIAN/PATIENT RELATIONSHIP BY USING THE PAGING FEATURE AND BY RESPONDING TO OR ENGAGING IN ANY KIND OF CONVERSATION RELATED TO A PAGE.

A USER RESPONDING TO A PAGE IS NOT GIVING AND SHALL NOT GIVE MEDICAL ADVICE OF ANY KIND. YOU ACKNOWLEDGE THAT BY RESPONDING TO ANOTHER USER’S PAGE AND PROVIDING INFORMATION, YOU, AS A SPECIALIST, ARE NOT AND SHALL NOT PROVIDE MEDICAL SERVICES, ENGAGE IN THE PRACTICE OF MEDICINE OR CREATE OR INTEND TO CREATE A PHYSICIAN/PATIENT RELATIONSHIP OR TO ACT AS A MEDICAL CONSULTANT.

7. PRIVACY

See our Privacy Policy for information and notices concerning Pragma, Inc.’s collection and use of your personal information. By clicking on the “Agree” or “I Accept” button, or accessing or using the Site, Services or App, or by downloading or posting any content from or through the Site, Services or App, you acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy forms a part of these Terms. If you are a resident of South Korea, we will obtain your express prior consent prior to collecting, using or processing your personal information.

If you are a resident of the United Kingdom, Ireland, Turkey, or any part of the European Economic Area please note that for the purposes of providing the App, GIBLIB may transfer your personal data to servers located in the United States or other countries outside of the European Economic Area which provide for a different level of data protection. By using, and continuing to use the App, you agree to that transfer. Similarly, if you live in Kazakstan, South Africa, Ukraine, Uzbekistan, or India, you agree to the transfer of your personal data outside the country. If you are a resident of South Korea, we will obtain your express prior consent prior to transferring your personal information to servers located outside of South Korea. If you are a resident of the Russian Federation, we shall transfer your personal information to servers located in any country (including the United States) which is not a member of the Council of Europe and is not listed in a special list of countries which provide an appropriate level of data protection drawn by the authorized governmental body of the Russian Federation solely for the purposes of the performance of these Terms. We shall obtain your prior written consent for any other purposes of transferring your personal information.

All content generated by a Registered User must comply with local, national, provincial, state, and federal privacy legislation and best practices. Identifying information must be removed from Registered User Content.

The Registered User agrees and warrants that they have removed all identifying information regarding the person in the image and the relatives, employers or household members of that person. This includes, but is not limited to, the following:

  •       Names;
  •       All geographical subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes, except for the initial three digits of a zip code, if according to the current publicly available data from the Bureau of the Census: (1) The geographic unit formed by combining all zip codes with the same three initial digits contains more than 20,000 people; and (2) The initial three digits of a zip code for all such geographic units containing 20,000 or fewer people is changed to 000
  •       United Kingdom, Irish, Belgian, Argentina, Austrian, Brazilian Greek or South African postal codes or parts of postal codes;
  •       All elements (except year) for dates directly related to an individual, including birth date, admission date, patient encounter date, discharge date, date of death and exact age if over 89;
  •       Phone numbers;
  •       Fax numbers;
  •       Electronic mail addresses;
  •       Social security or social insurance numbers, national identity number, or equivalent;
  •       Medical record numbers;
  •       Health card numbers, health plan beneficiary numbers, or Health Insurance Account numbers;
  •       Account numbers;
  •       Certificate/license numbers;
  •       Vehicle identifiers and serial numbers, including license plate numbers;
  •       Device identifiers and serial numbers;
  •       Web Universal Resource Locators (URLs);
  •       Internet Protocol (IP) address numbers;
  •       Biometric identifiers, including finger and voice prints;
  •       Full face photographic images and any comparable images; and
  •       Photographic images of scars, tattoos, piercings etc. which would allow for an identification and
  •       Any other unique identifying number, characteristic, or code (note this does not mean the unique code assigned by the investigator to code the data).

Registered User agrees and warrants that Registered User does not have actual knowledge that the videos could be used alone or in combination with other information to identify an individual who is the subject of the information.

8. OWNERSHIP

Pragma, Inc. does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Pragma, Inc., in perpetuity, a non-exclusive, fully paid and royalty-free, transferable, sub-licensable (through several tiers), worldwide license to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), redistribute, modify, adapt, make, sell, offer to sell, transmit, distribute, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Content that you post on or through the Service, subject to the Service’s Privacy Policy.

9. LICENSES GRANTED BY PRAGMA, INC. TO GIBLIB CONTENT AND REGISTERED USER CONTENT

Subject to your compliance with the terms and conditions of these Terms, Pragma, Inc. grants you a limited, non-exclusive, non-transferable license: (i) to view, any GIBLIB Content solely for your personal and non-commercial purposes; and (ii) to view any Registered User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, App or Collective Content, except as expressly permitted in these Terms or expressly permitted by applicable copyright laws. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Pragma, Inc. or its licensors, except for the licenses and rights expressly granted in these Terms.

10. LICENSE GRANTED BY REGISTERED USER

We may, in our sole discretion, permit Registered Users to post, upload, publish, submit or transmit Registered User Content. By making available any Registered User Content on or through the Site, Services or App, you hereby grant to Pragma, Inc. a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense (through several tiers), to use, reproduce, view, communicate to the public by any means, print, copy, (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit such Registered User Content only on, through or by means of the Site, Services or App or by sublicense to partner or affiliate publications. Pragma, Inc. does not claim any ownership rights in any Registered User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Registered User Content.

You acknowledge and agree that you are solely responsible for all Registered User Content that you make available through the Site, Services or App. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Registered User Content that you make available through the Site, Services or App or you have all rights, licenses, consents and releases that are necessary to grant to Pragma, Inc. the rights in such Registered User Content, as contemplated under these Terms; and (ii) neither the Registered User Content nor your posting, uploading, publication, submission or transmittal of the Registered User Content or Pragma, Inc.’s use of the Registered User Content (or any portion thereof) on, through or by means of the Site, Services or App will (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or (b) result in the violation of any applicable law or regulation, including, but not limited to, the Health Insurance Portability and Accountability Act (HIPAA), the Personal Information Protection and Electronic Documents Act (PIPEDA), the Personal Health Information Protection Act (PHIPA), the Health Information Technology for Economic and Clinical Health (HITECH) Act, the Data Protection Act 1998, the Protection of Personal Information Act 2013, the Data Protection Act of 1978, the Spanish Data Protection Act 15/1999, the Belgian Act of 08 December 1992, Law 2472/1997 on the Protection of the Individual from the Processing of Personal Data, the Indian Information Technology Act, 2000, the Argentine Personal Data Protection Act N°25.326, Act N°26.529 and Intellectual Property Act N°11.723, Act on the Protection of Personal Information of Japan, the Dubai Healthcare City Health Data Protection Regulation No. (7) of 2013 (as amended) and the Dubai International Financial Centre Data Protection Law No.1 of 2007 (as amended) and the DIFC Data Protection Regulations 2007 (as amended), Personal Information Protection Act, and Act on Promotion of Information Communications Network Utilization and Information Protection of Korea, Law of the Republic of Kazakhstan On Personal Data and its Protection from 21 May 2013 No. 94-V, the Federal Law of the Russian Federation “On Personal Data”, the Federal law of the Russian Federation “On the Fundamentals of Health Protection in the Russian Federation” , Act On Personal Data Protection of Ukraine of 01 June 2010 (as amended) and any other applicable National, Provincial, State, and Federal privacy laws (collectively, the “Privacy Laws”) depending on your country or jurisdiction of access to the App. You retain the sole responsibility of your individual compliance with applicable laws.

11. APP LICENSE

Subject to your compliance with these Terms, Pragma, Inc. grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal and professional use. The non-transferable license is also limited by any terms of service provisions required by the vendor from whom you purchased the GIBLIB App (e.g., Apple iTunes, Google Play, etc.) (hereinafter, “App Vendor”).

12. FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Services or App (“Feedback”). You may submit Feedback by emailing us. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to Feedback to use, reproduce, view, communicate to the public by any means, print, copy, (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.

13. PATIENT DATA AND LEGAL COMPLIANCE

National, Provincial, State and Federal laws, as well as ethical and licensure requirements of your profession and health regulatory college and licensing requirements impose obligations with respect to protection of privacy and patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain confidential patient information (“Patient Information”) and/or to transmit Patient Information to third parties without express consent.

You represent and warrant that you will, at all times, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information, and require all persons or entities under your direction or control to comply with such laws, including the Privacy Laws, and the Privacy Policy. You are at all times solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information that you transmit, store, or receive in connection with the Site, Services, App and any third party site.

We cannot and expressly do not assume any responsibility for your use or misuse of patient information or other information, whether intentional or inadvertent, that is transmitted, monitored, stored or received while using the site, services, app or collective content. We reserve the right to amend or delete any collective content (along with the right to revoke any membership or restrict access to the site, services, app or collective content) that we determine in our sole discretion violates the above. We further do not assume any responsibility to make any determinations regarding your subsequent reporting or notification obligations arising from any use or misuse of patient information or other information; these determinations and your actions in response to such determinations remain your sole responsibility.

Your representations, warranties, and obligations in this section survive termination of these Terms.

14. GENERAL PROHIBITIONS

You agree not to do any of the following:

Post, upload, publish, submit or transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.

Take, post, upload, publish, transmit or otherwise make use of any screen shots, screen captures, reproductions, drawings, photos, videos, downloads or data of any of the images, comments or contributions to GIBLIB or any Collective Content.

Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

Use, display, mirror or frame the Site or App, or any individual element within the Site, Services or App, Pragma, Inc. or GIBLIB’s names, any Pragma, Inc. trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Pragma, Inc.’s express written consent;

Access, tamper with, or use non-public areas of the Site or App, Pragma, Inc.’s computer systems, or the technical delivery systems of Pragma, Inc.’s providers;

Attempt to probe, scan, or test the vulnerability of any Pragma, Inc. system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Pragma, Inc. or any of Pragma, Inc.’s providers or any other third party (including another user) to protect the Site, Services, App or Collective Content;

Attempt to access or search the Site, Services, App or Collective Content or download Collective Content from the Site, Services or App through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than the software and/or search agents provided by Pragma, Inc. or other generally available third party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation, from the App or otherwise;

Use any meta tags or other hidden text or metadata utilizing a Pragma, Inc. trademark, logo URL or product name without Pragma, Inc.’s express written consent;

Use the Site, Services, App or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, App or Collective Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, App or Collective Content;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site, Services or App;

Collect or store any personally identifiable information from the Site, Services or App from other users of the Site, Services or App without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation, or any other rules of professional conduct; or

Encourage or enable any other individual to do any of the foregoing.

Pragma, Inc. will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Pragma, Inc. may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Pragma, Inc. has no obligation to monitor your access to or use of the Site, Services, App or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site, Services and App, to ensure your compliance with these Terms and the Privacy Policy, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body having jurisdiction. Pragma, Inc. reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Pragma, Inc., at its sole discretion, considers to be in violation of these Terms, the Privacy Policy, or otherwise harmful to the Site, Services or App.

15. COPYRIGHT POLICY

Pragma, Inc. respects copyright law and expects its users to do the same. It is Pragma, Inc.’s policy to terminate in appropriate circumstances Registered Users or other account holders who have infringed the rights of copyright holders or of whom Pragma, Inc. has reasonable grounds to believe that they have infringed the rights of copyright holders.

16. LINKS

The Site, Services or App may contain links to third-party websites or resources which do not form part of the Site, Services or App. You acknowledge and agree that Pragma, Inc. is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or services on or available from such websites or resources for which such third party is solely responsible. Links to such websites or resources do not imply any endorsement by Pragma, Inc. of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.

17. TERMINATION AND ACCOUNT CANCELLATION

If you breach any of these Terms, Pragma, Inc. will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Pragma, Inc. reserves the right to revoke your access to and use of the Site, Services, App and Collective Content at any time, with or without cause. You may cancel your Account at any time by contacting us. The change will be processed within seven (7) days.

18. DISCLAIMERS

THE SITE, SERVICES, APP AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PRAGMA, INC. EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PRAGMA, INC. MAKES NO WARRANTY THAT THE SITE, SERVICES, APP OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PRAGMA, INC. MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SITE, SERVICES OR APP OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, SERVICES OR APP.

YOU MAY NOTIFY THE APP VENDOR IN THE EVENT OF ANY FAILURE OF THE APP TO CONFORM TO THE ABOVE-STATED WARRANTY. THE APP VENDOR WILL REFUND THE PURCHASE PRICE OF THE GIBLIB APP TO YOU, BUT THE APP VENDOR WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE GIBLIB APP.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PRAGMA, INC. OR THROUGH THE SITE, SERVICES, APP OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, SERVICES AND APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR APP. YOU UNDERSTAND THAT PRAGMA, INC. DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE SITE, SERVICES OR APP, NOR DOES PRAGMA, INC. VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF USERS OF THE SITE, SERVICES OR APP. PRAGMA, INC. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, SERVICES OR APP OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, SERVICES OR APP. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, SERVICES AND APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR APP, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

19. INDEMNITY

You agree to defend, indemnify, and hold Pragma, Inc., its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, proceedings or demands including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, App or Collective Content, or your violation of these Terms.

20. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, APP AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER PRAGMA, INC. NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, APP OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, APP OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, SERVICES OR APP OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR APP WHETHER BASED ON WARRANTY, CONTRACT, DELICT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PRAGMA, INC. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL PRAGMA, INC.’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, APP OR COLLECTIVE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PRAGMA, INC. AND YOU.

21. PROPRIETARY RIGHTS NOTICES

All trademarks, service marks, logos, trade names and any other proprietary designations of Pragma, Inc. used herein are trademarks or registered trademarks of Pragma, Inc. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

22. APPLICABLE LAW; JURISDICTION

Except as provided in the addenda applicable to your specific jurisdiction provided with the Terms and except where mandatory law supersedes this choice of law clause, these Terms shall be governed by the laws of the state of California and the laws of the United States of America applicable therein. Subject to Section 26 requiring mandatory arbitration of disputes, the courts of the State of California shall have exclusive jurisdiction to entertain any action arising under these Terms or any other agreement, document or instrument contemplated herein which cannot be resolved by arbitration or where the enforcement of an arbitral award requires it, and you hereby accept and irrevocably submit to the jurisdiction of the courts of California and acknowledge their competence and agree to be bound by any judgment thereof. Notwithstanding the governance of these Terms, you may have additional obligations and responsibilities to adhere to in the jurisdiction in which you practice medicine or another health profession.

23. ENTIRE AGREEMENT

These Terms constitute the entire and exclusive understanding and agreement between Pragma, Inc. and you regarding the Site, Services, App and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Pragma, Inc. and you regarding the Site, Services, App and Collective Content.

24. ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without Pragma, Inc.’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Pragma, Inc. may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

25. NOTICES

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in a written form and given: (i) by Pragma, Inc. via email (in each case to the address that you provide); or (ii) by posting to the Site; or (iii) via the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

26. DISPUTE RESOLUTION

  1.   Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Pragma, Inc. and our employees, agents, successors, or assigns, regarding or relating to these the Web Site Services or these Terms and Conditions, shall exclusively be settled through binding and confidential arbitration.
  2.   Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by these Terms and Conditions, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
  3.   You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
  4.   You and we must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to 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 as compared to the cost of litigation, (4) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
  5.   Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Los Angeles County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Los Angeles County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
  6.   With the exception of subparts (1) and (2) in the paragraph 14.3(d) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with these Terms and Conditions, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subparts (1) and (2) in the paragraph 14.3(d) (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Los Angeles County, California.
  7.   Notwithstanding any provision in these Terms and Conditions to the contrary, if we seek to terminate the Dispute Resolution section as included in these Terms and Conditions, any such termination shall not be effective until 30 days after the version of these Terms and Conditions not containing the agreement to arbitrate is posted to the Web Site, and shall not be effective as to any claim of which you provided Pragma, Inc. with written notice prior to the date of termination.
  8.   For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website athttp://www.jamsadr.com.
  9.   Any and all controversies, disputes, demands, counts, claims, or causes of action between you and Pragma, Inc. and our employees, agents, successors, or assigns, regarding or relating to these the Web Site, Services or these Terms and Conditions, shall exclusively be governed by the internal laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act.

 27. GENERAL

The failure of Pragma, Inc. to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Pragma, Inc. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

28. CONTACTING PRAGMA, INC.

These Services are operated by Pragma, Inc. If you have any questions about these Terms, please contact Pragma, Inc. via email.

29. MISCELLANEOUS

You acknowledge that the Terms apply to you and Pragma, Inc. only, and not with any App Vendor. The App Vendor and any App Vendor subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, the App Vendor will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary.

You may not use or otherwise export or re-export the App except as authorized by both United States law and the laws of the jurisdiction in which you obtained GIBLIB. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

FOR USERS IN AUSTRALIA, NEW ZEALAND AND SOUTH AFRICA

Notwithstanding the governance of the Terms and this Addendum, you may have additional obligations and responsibilities to adhere to in the jurisdiction in which you practice medicine or another health profession.

1. ADDITIONAL DISCLAIMERS

YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SITE, SERVICES OR APP IS SOLELY AT YOUR OWN RISK.

THE SITE, SERVICES, APP AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PRAGMA, INC. EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PRAGMA, INC. MAKES NO WARRANTY THAT THE SITE, SERVICES, APP OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PRAGMA, INC. MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SITE, SERVICES OR APP OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, SERVICES OR APP.

YOU MAY NOTIFY THE APP VENDOR IN THE EVENT OF ANY FAILURE OF THE APP TO CONFORM TO THE ABOVE-STATED WARRANTY. THE APP VENDOR WILL REFUND THE PURCHASE PRICE OF THE GIBLIB APP TO YOU, BUT THE APP VENDOR WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE GIBLIB APP.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PRAGMA, INC. OR THROUGH THE SITE, SERVICES, APP OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, SERVICES AND APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR APP. YOU UNDERSTAND THAT PRAGMA, INC. DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE SITE, SERVICES OR APP, NOR DOES PRAGMA, INC. VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF USERS OF THE SITE, SERVICES OR APP. PRAGMA, INC. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, SERVICES OR APP OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, SERVICES OR APP. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, SERVICES AND APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES OR APP, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

  1. ADDITIONAL LIMITATIONS OF LIABILITY

IN ADDITION TO THE LIMITATION OF LIABILITY TERMS IN SECTION 20 TO THE TERMS, YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, APP AND COLLECTIVE CONTENT REMAINS WITH YOU AND THAT ALL EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, STATEMENTS, TERMS AND CONDITIONS RELATING TO THESE TERMS THAT ARE NOT INCLUDED IN THESE TERMS ARE EXCLUDED.

FOR SERVICES, SITE OR APPS ACCESSED IN AUSTRALIA, NOTHING IN THESE TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, TERM, CONDITION, WARRANTY, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY STATUTE OR REGULATION WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED, WHICH MAY INCLUDE THE AUSTRALIAN CONSUMER LAW.

FOR SERVICES, SITE OR APPS ACCESSED IN AUSTRALIA, IF ANY GUARANTEE, TERM, CONDITION OR WARRANTY IS IMPLIED OR IMPOSED IN RELATION TO THESE TERMS (A NON-EXCLUDABLE PROVISION) AND WE ARE ABLE TO LIMIT YOUR REMEDY FOR A BREACH OF SUCH NON-EXCLUDABLE PROVISION, THEN OUR TOTAL LIABILITY FOR BREACH OF THE NON-EXCLUDABLE PROVISION IS LIMITED TO ONE OR MORE OF THE FOLLOWING AT OUR OPTION (i) IN THE CASE OF THE APP, THE REPLACEMENT OF THE APP OR THE SUPPLY OF AN EQUIVALENT APPLICATION, OR THE PAYMENT OF THE COST OF REPLACING THE APP OR OF AN EQUIVALENT APP OR THE COST OF THE REPAIR OF THE APP (ii) IN THE CASE OF THE SERVICES, THE SUPPLYING OF THE SERVICES AGAIN, OR THE COST OF HAVING THE SERVICE SUPPLIED AGAIN.

3. APPLICABLE LAW

These Terms shall be governed by the laws of the State of California and the laws of the United States of America. However, you additionally represent and warrant that you have all rights, licenses, consents and releases that are necessary to grant to Pragma, Inc. the rights in such Registered User Content, as contemplated under these Terms and that your Registered User Content, by means of using the Site, Services or App does not violate the Australian Privacy Act 1988 (Cth), the New Zealand Privacy Act 1993, and any other Privacy Laws as stated in Section 10 of the Terms, to the extent they apply.

If you accessed the Services, Site, or App in Australia, Pragma, Inc. shall consent to the application of Australian law in the event of a dispute regarding the application of the Terms if and only if a court in California determines that not applying Australian law (i) creates a significant imbalance in the parties’ rights; (ii) is not reasonably necessary to protect Pragma, Inc.’s legitimate interests; and (iii) would cause detriment to the consumer. Under such a determination by a court in California, any action arising under these Terms or any other agreement, document or instrument contemplated herein, shall be adjudicated under Australian law, and you hereby accept and irrevocably submit to the jurisdiction of the courts of New South Wales and acknowledge their competence and agree to be bound by any judgment thereof.

If you accessed the Services, Site, or App in South Africa, Pragma, Inc. shall consent to the application of South African law in the event of a dispute regarding the application of the Terms if and only if a court in California determines that not applying South African law (i) creates a significant imbalance in the parties’ rights; (ii) is not reasonably necessary to protect Pragma, Inc.’s legitimate interests; and (iii) would cause detriment to the consumer. Under such a determination by a court in California, any action arising under these Terms or any other agreement, document or instrument contemplated herein, shall be adjudicated under South African law and you hereby accept and irrevocably submit to the jurisdiction of the courts of South Africa and acknowledge their competence and agree to be bound by any judgment thereof.

4. DISPUTE RESOLUTION

In the event that the parties consent to arbitration, the Dispute Resolution provisions in Section 26 of the Terms still apply, but shall allow for the use of arbitrators based in Australia (or South Africa for South African Users) rather than those based in California, as well as a Court of Australia (or South Africa for South African Users) in place of the Superior Court of California.

FOR USERS IN THE EUROPEAN UNION

AUSTRIA: LIMITATION OF LIABILITY

The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life or health. Furthermore the limitation of liability is not applicable in case of gross negligence or willful misconduct.

AUSTRIA: NON-PROFESSIONAL USERS (CONSUMERS)

Austrian Law shall apply in any case where the Service, Site or App is accessed by a consumer in Austria. Any claim, dispute or litigation from or against such consumer arising in relation to the validity, interpretation or application of the Terms or any other agreement, document or instrument contemplated herein, shall be adjudicated under Austrian law and shall be submitted to the jurisdiction of the courts of Vienna.

BELGIUM: LIMITATION OF LIABILITY

The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life or health, nor to damages under the Belgian Product Liability Act of 25 February 1991. The limitation of liability clause is also not applicable to damages caused intentionally or by gross negligence.

FRANCE: NON-PROFESSIONAL USERS (CONSUMERS)

The French Consumer Law shall apply in any case where the Service, Site or App is accessed by a consumer in France. Any claim, dispute or litigation from or against such consumer arising in relation to the validity, interpretation or application of the Terms or any other agreement, document or instrument contemplated herein, shall be adjudicated under French law and shall be submitted to the jurisdiction of the courts of Paris.

GERMANY: LIMITATION OF LIABILITY

The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life or health, nor to damages under the German Product Liability Act.

The limitation of liability is not applicable to damages caused intentionally or with gross negligence or by a negligent violation of pivotal contractual obligations, i.e. obligations whose fulfillment is a prerequisite for the orderly implementation of this agreement, the violation of which endangers the attainment of the contractual goal and on the compliance of which the other side may regularly trust. In the latter case liability is limited to damages which are typically foreseeable.

ITALY: NON-PROFESSIONAL USERS (CONSUMERS)

Italian Consumer Law shall apply in any case where the Service, Site or App is accessed by a consumer in Italy. Any claim, dispute or litigation from or against such consumer arising in relation to the validity, interpretation or application of the Terms or any other agreement, document or instrument contemplated herein, shall be adjudicated under Italian law and shall be submitted to the jurisdiction of the courts of Rome.

TURKEY: LIMITATION OF LIABILITY

The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life or health, nor to damages under Turkey’s Product Liability Regulations.

The limitation of liability is not applicable to damages caused intentionally or with gross negligence or by a negligent violation of pivotal contractual obligations, i.e. obligations whose fulfillment is a prerequisite for the orderly implementation of this agreement, the violation of which endangers the attainment of the contractual goal and on the compliance of which the other side may regularly trust. In the latter case liability is limited to damages which are typically foreseeable.

TURKEY: NON-PROFESSIONAL USERS (CONSUMERS)

Turkish Consumer Law shall apply in any case where the Service, Site or App is accessed by a consumer in Turkey. Any claim, dispute or litigation from or against such consumer arising in relation to the validity, interpretation or application of the Terms or any other agreement, document or instrument contemplated herein, shall be adjudicated under Turkish law and shall be submitted to the jurisdiction of the courts of İstanbul.

PORTUGAL: LIMITATION OF LIABILITY

The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life or health. Furthermore the limitation of liability is not applicable in case of gross negligence or willful misconduct.

SPAIN: NON-PROFESSIONAL USERS (CONSUMERS)

Spanish Consumer Law shall apply in any case where the Service, Site or App is accessed by a consumer in Spain. Any claim, dispute or litigation from or against such consumer arising in relation to the validity, interpretation or application of the Terms or any other agreement, document or instrument contemplated herein, shall be adjudicated under Spanish law and shall be submitted to the jurisdiction of the courts of Madrid.

AZERBAIJAN, TURKEY, SPAIN, SWEDEN, NORWAY, FINLAND AND ICELAND: CONSENT FROM PATIENTS

If you are a resident of Azerbaijan, Turkey, Spain, Sweden, Norway, Finland or Iceland, or of any another jurisdiction where obtaining the patient’s consent is legally necessary, you undertake to obtain express consent from the patient prior to capturing images of a part of the patient’s body and transferring the fully de-identified image to be shared on GIBLIB. You shall provide the patient with clear and understandable information on the purpose and consequences of your use of the image. If the patient is a child, consent shall be obtained from the patient’s parent or guardian.

FOR USERS IN INDIA

In addition to your obligations under these Terms, including your obligations under Section 14 above, you agree not to host, display, upload, modify, publish, transmit, update or share any information, whether through the App of by way of use of the Services, that:

  1. Belongs to another person and to which you have no right to;
  2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophillic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
  3. Harms minors in anyway;
  4. Infringes any patent, trademark, copyright, or other proprietary rights;
  5. Violates any applicable laws
  6. Deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing in nature;
  7. Impersonates another person;
  8. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
  9. Threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign stats, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

FOR USERS IN LATIN AMERICA

CONSENT FROM PATIENTS

If you are a resident of Argentina or of any another jurisdiction of Latin America where obtaining the patient’s consent is legally necessary, you undertake to obtain express consent from the patient prior to capturing images of a part of the patient’s body and transferring the fully de-identified image to be shared on GIBLIB. You shall provide the patient with clear and understandable information on the purpose and consequences of your use of the image. If the patient is a child, consent shall be obtained from the patient’s parent or guardian.

ARGENTINA: NON-PROFESSIONAL USERS (CONSUMERS)

Argentine Consumer Law shall apply in cases where the Service, Site or App is accessed by a consumer in Argentina. Any claim, dispute or litigation from or against such consumer arising in relation to the validity, interpretation or application of the Terms or any other agreement, document or instrument contemplated herein, shall be adjudicated under Argentine law and shall be submitted to the Federal Courts of Buenos Aires.

ARGENTINA: LIMITATION OF LIABILITY

The Limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life or health. Furthermore the limitation of liability is not applicable in case of gross negligence or willful misconduct.

FOR USERS IN THE PEOPLE’S REPUBLIC OF CHINA

DISCLAIMER ON APP AND WEBSITE

You acknowledge that, although Pragma, Inc. develops the App and the Website independently, it is not able to conduct intellectual property clearance for the App and the Website as well as the Service in all jurisdictions. If the App, the Website, or the Service is found infringing, the sole liability of Pragma, Inc. is that Pragma, Inc. shall select, at its sole discretion, (i) to revise the App, the Website, and/or the Service to make them non-infringing; (ii) to seek a license to continue operate the App, the Website, and/or the Service; or (iii) to suspend the Service, in which case you shall uninstall the App and stop using the Website.

Without prejudice to Art. 18 of the Terms, you acknowledge that it is commercially and technically impossible for Pragma, Inc. to ensure that the programs comprising the App or the Website are free of error, defect, virus, or malicious code. Should any error, defect, virus, or malicious code be discovered or reported, Pragma, Inc.’s sole responsibility is to use reasonable commercial efforts to remove such identified error, defect, virus, or malicious code.

PRC: LIMITATION OF LIABILITY

The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life or health. Furthermore the limitation of liability is not applicable in case of gross negligence or willful misconduct.

FOR USERS IN JAPAN

The limitation of liability clause is not applicable in case of gross negligence or willful misconduct.

Japanese Law shall apply in any case where the Service, Site or App is accessed by a consumer in Japan. Any claim, dispute or litigation from or against such consumer arising in relation to the validity, interpretation or application of the Terms or any other agreement, document or instrument contemplated herein, shall be adjudicated under Japanese law and shall be exclusively submitted to the jurisdiction of the courts of Tokyo, Japan.

FOR USERS IN LEBANON

The imperative provisions of the Consumer Protection Law No. 659 dated 4 February 2005 shall apply in any case where the Service, Site or App is accessed by a consumer in Lebanon.

By clicking on the “AGREE” or “I ACCEPT” button or accessing or using the Site, Services or App, you are confirming your approval to have this Agreement, the Terms of Service, drafted in the English Language.

FOR USERS IN CIS COUNTRIES

AZERBAIJAN: LIMITATION OF LIABILITY

The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life or health, nor to damages under the Law “On the protection of consumer rights”. The limitation of liability clause is also not applicable to damages caused intentionally or by gross negligence.

AZERBAIJAN: NON-PROFESSIONAL USERS (CONSUMERS)

The Azerbaijan Consumer Law shall apply in any case where the Service, Site or App is accessed by a consumer in Azerbaijan. Any claim, dispute or litigation from or against such consumer arising in relation to the validity, interpretation or application of the Terms or any other agreement, document or instrument contemplated herein, shall be adjudicated under Azerbaijan law and shall be submitted to the jurisdiction of the courts of Azerbaijan.

KAZAKHSTAN: LIMITATION OF LIABILITY

The limitation of liability clause is not applicable to damages to life, health or property of the person, who used the services solely for consumer purposes, resulting out of defects of the services or incorrect or incomplete information about the services. The total liability of Pragma, Inc. for breach of these Terms of Service shall be limited to the real damage, caused to you due to such breach. The limitation of liability is not applicable to damages caused intentionally.

UZBEKISTAN: NON-PROFESSIONAL USERS (CONSUMERS)

Uzbekistan Consumer Law shall apply in cases where a consumer in Uzbekistan accesses the Service, Site or App. Any claim, dispute or litigation from or against such consumer arising in relation to the validity, interpretation or application of the Terms or any other agreement, document or instrument contemplated herein, shall be adjudicated under Uzbekistan law and shall be submitted to the jurisdiction of the courts of Tashkent city.

UZBEKISTAN: LIMITATION OF LIABILITY

The limitation of liability clause is not applicable to damages resulting out of or in the damaging of the human body, life or health, as well as, in case of gross negligence or willful misconduct.

FOR USERS IN THE RUSSIAN FEDERATION

NON-PROFESSIONAL USERS (CONSUMERS)

If the Service, Site or App is accessed by a consumer in the Russian Federation and the Law which is applicable under these Terms deprives a consumer of their rights which are given by peremptory rules of the Russian Law, the Russian law shall apply.

LIMITATION OF LIABILITY

The limitation of liability clause is not applicable to damages resulting out of or in the damage of the human body, life or health. Furthermore the limitation of liability is not applicable in case of willful misconduct.

ADDITIONAL PROHIBITIONS

In addition to your obligations under these Terms, including your obligations under Section 14 above, you agree not to host, display, upload, modify, publish, transmit, update or share any information, whether through the App or by way of use of the Services, that contain pornographic, abusive, extremist or other materials prohibited by Russian law.

FOR USERS IN UKRAINE

The limitation of liability clause is not applicable in case of death or damage of health resulting from actions or omissions of Pragma, Inc.

UKRAINE: NON-PROFESSIONAL USERS (CONSUMERS)

Ukrainian Law shall apply in any case where the Service, Site or App is accessed by a consumer in Ukraine. Any claim, dispute or litigation from or against such consumer arising in relation to the validity, interpretation or application of the Terms or any other agreement, document or instrument contemplated herein, shall be adjudicated under Ukrainian law and shall be submitted to the jurisdiction of the courts of Ukraine.

UKRAINE: CONSENT FROM PATIENTS

If you are a resident of Ukraine or of any other jurisdiction where obtaining the patient’s consent is legally necessary, you undertake to obtain express consent from the patient prior to capturing images of a part of the patient’s body and transferring the fully de-identified image to be shared on Pragma, Inc. You shall provide the patient with clear and understandable information on the purpose and consequences of your use of the image. If the patient has died, such consent shall be received from the patient’s children, widow (widower) or in case of absence of such relatives – patient’s parents, sisters and brothers.