Effective Date: December 2019, Last Revised: May 2020
This MedScrab mobile application has been developed and is operated by Western University of Health Sciences (WesternU), based in Pomona CA, 309 E 2nd st, Pomona, CA 91766 (“WesternU”, “we”, “us” or “our”).
The End User License Agreement (“EULA” or “License”) is a legal agreement between you (the “User”) and WesternU which governs your use of the App. “App“ means the MedScrab mobile application software, any content, tools, help documentation and all services under the control of WesternU that are operated in connection with the App (collectively, the “Services”). Use of this App, which includes accessing, browsing, or registering to use this App, is subject to the following EULA (together with the documents referred to in it).
BY CLICKING ACCEPT YOU (I) INDICATE THAT YOU INTEND YOUR ACT TO SERVE AS AN ELECTRONIC SIGNATURE TO THIS LICENSE WITH THE SAME FORCE AND EFFECT AS A MANUAL SIGNATURE, (II) REPRESENT AND WARRANT THAT YOU ARE OVER THE LEGAL AGE OF MAJORITY SUCH THAT YOU HAVE CAPACITY TO AGREE THIS LICENSE, AND (III) REPRESENT AND WARRANT THAT YOUR REGISTRATION AND YOUR USE OF THIS APP IS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS APPLICABLE TO YOU.
This App can be used with iOS (Apple) and Android (Google) smartphones but may not be compatible with all operating system versions. Please check compatibility with your operating system and phone before download.
1. License
The App, including the application software and related help documentation provided by WesternU, may be downloaded and installed on one or more mobile devices for use including any tools, help documentation and updates. Subject to your ongoing compliance with this EULA, WesternU grants you the limited, non-exclusive, royalty-free, non-transferable, non-sublicensable, revocable license to use one copy of the App and all related help documentation per a single mobile device you own or control for your personal, non- commercial use for lawful purposes during the Term of License. This App is licensed, not sold, by WesternU for use only under the terms of this License, and WesternU reserves all rights not expressly granted to you. WesternU retains ownership of all rights, title and interest in and to this App. Except for the limited rights and licenses expressly granted under this EULA, nothing in this EULA grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the WesternU intellectual property.
This App may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open Source Components”). Although this App is provided to you subject to this EULA, nothing in this EULA will be deemed to prevent, restrict, or otherwise prevent or restrict you from obtaining such Open Source Components under the applicable third-party licenses or to limit your use of such Open Source Components thereunder.
Permitted Uses and Restrictions of the App.This App is provided for domestic and private use only. You agree not to use this App for any commercial or business purposes.
2. Term of License; Termination
This EULA is effective until terminated by you or WesternU. You may terminate your account at any time by using the “Delete Account” option in the App. If you fail to comply with any term of this EULA, your license and permission from us to use this App will immediately terminate automatically, and you agree that your failure to comply with this EULA will constitute immediate, irreparable harm to WesternU and its licensors for which monetary damages would be an inadequate remedy and that, to the extent permitted under applicable law, WesternU will be entitled to equitable relief, unless you can prove that no irreparable harm has occurred. In addition, WesternU may, in its sole discretion, terminate your user account on the Services or suspend or terminate your access to this App at any time if you violate any provision of this EULA, with or without providing you an opportunity to cure the violation. We may also terminate your user account if we no longer provide any part of this App with or without 30 days’ notice. Upon the termination of your account for any reason, WesternU may, at its option, delete any non-personal data you submitted through this App or provided via the Services. Upon the termination of your account for any reason, WesternU shall delete any personal data you submitted through this App or provided via the Services except where WesternU is otherwise required to retain it by law. Upon termination of this EULA, you shall, at your own responsibility and expense, immediately delete or destroy this App on your devices.
3. Enhancements and Updates
From time to time, WesternU may, at its sole discretion, provide enhancements, updates or new versions of this App on its then standard terms and conditions thereof. This EULA shall also apply to such enhancements and updates.
4. Access to this App
We do not guarantee that this App, or any feature or content on it, will always be available or be uninterrupted, and your access to this App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of this App without notice. You are responsible for making all arrangements necessary to have access to this App and acknowledge that there are risks inherent in software, hardware and internet connectivity that may result in interruptions or errors in and to the data transmitted or displayed using this App, regardless of measures taken to mitigate or avoid such occurrences.
You are also responsible for ensuring that all persons who access this App through you are aware of this EULA and other applicable terms, and that they comply with them.
5. Registration
You must register and set up an account in order to use this App. Once you set up an account, your data will be stored in the cloud. A cloud storage account will provide you with the benefit of storing the data collected via this App, including personal information. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
Provision of the Services is subject to your agreement to and compliance with the terms of this EULA. You are only permitted to set up one account per user and WesternU reserves the right to limit the number of devices associated with an account. You agree that meeting these requirements is your responsibility and that you will be responsible for obtaining and maintaining any internet connections (fees may apply), computing equipment and supplies necessary for you to receive, access and use the Services. You agree to only use the Services as expressly permitted herein. WesternU and its affiliates and suppliers own all rights, titles and interests in and to Services.
Once registered, you agree that the data you transmit using this App is specific to you. You acknowledge and agree that this Services is designed and intended for personal use on an individual basis and you should not share your account and/or password details with any other person. If another person wishes to use this App, that person should download this App directly to his or her device and separately and individually agree to the EULA.
You are solely responsible for maintaining the confidentiality and security of your App account and for all activities that occur on or through it. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this EULA.
6. Limitations on Use of the Services
You agree to use the Services only for purposes permitted by this EULA, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. If your use of the Services or other behavior intentionally or unintentionally threatens our ability to provide the Services, we may take all reasonable steps to protect the Services, which may include the immediate and/or permanent suspension of your access to the Services. Nothing in this EULA shall be construed to convey to you any interest, title, or license in a Services account or similar resource used by you in connection with the Services. You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Services (or any part thereof) for any purpose.
7. Data Usage
You retain ownership of all personal data uploaded via this App and stored on the Services and are responsible for the content and accuracy of details you provide to WesternU as well as for the non-violation of any third-party rights that may be included in such data. Where applicable under local law, by using the Services, you grant WesternU a worldwide, royalty-free, non- exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, create, access, and retain technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other Servicess to you (if any) related to the App, and to track and report your activity when using the App, including for analytics purposes. WesternU may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you, as set out in our App Privacy Policy.
8. Prohibitions
You agree that you will NOT use this App or your Services account to, directly or indirectly:
9. Intellectual Property Rights
All visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, details, documents, illustrations, content published on this App, and all other elements of this App (“Materials”) are the sole property of WesternU. You must not use any of the Materials for any purpose without obtaining a license to do so from us or our licensors.
WesternU is the licensor or the licensee of all intellectual property rights in this App, and in the Materials, unless otherwise noted or in any other way perceivable as third party rights. This App and the Materials are protected by intellectual property laws and treaties around the world and any unauthorized use of them is expressly prohibited. All such rights are reserved.
10. Back-Ups
WesternU has no responsibility for retaining/storing or backing up any information or data that you generate using this App. You are solely responsible for retaining/maintaining/storing and backing up (electronically and/or with hard copies) any data that you wish to preserve for future use or otherwise. If you choose to share your information via email, back up or otherwise with third parties, that information may not be encrypted and WesternU will have no ability to manage the privacy or security of that information. You should take the steps that you determine are appropriate to protect the security of your information. If you choose to terminate your Services account, it may take us up to 30 days to delete your account, and either delete or make information either anonymous or untraceable to you. Unless otherwise required by law, you agree that your Services account is non- transferable and any right to data stored in your account will terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all data within deleted.
11. No Reliance on Information
The information on this App is purely for general information only. It is not intended to amount to advice on which you should rely.
12. Privacy and Security
By using this App you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you send or display using this App may be read or intercepted by others, even if a particular transmission is encrypted.
13. No Warranties or Representations.
WesternU makes no representations, warranties or guarantees (express or implied) that the content on this App is accurate, complete, or up to date. It is your sole responsibility to confirm the accuracy and completeness of any information you obtain from this App. Information provided and/or displayed on this App does not exempt you from conducting your own due diligence.
14. No Medical Advice.
THIS APP IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. THIS APP IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR EMERGENCY INTERVENTION OR TRANSMISSION OF TIME-CRITICAL DATA. USERS SHOULD ALWAYS SEEK THE ADVICE OF THEIR HEALTHCARE PROVIDERS OR SPECIALISTS FOR ANY QUESTIONS REGARDING THEIR MEDICAL CONDITION OR TREATMENT. YOU AGREE THAT THIS APP SHOULD NOT BE USED TO MAKE MEDICAL DECISIONS. USERS SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION PROVIDED VIA THIS APP. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THIS APP AND FOR ALL DECISIONS TO TAKE OR NOT TAKE ACTION BASED ON ANY INFORMATION PROVIDED OR DISPLAYED VIA THIS APP. USE OF THIS APP IS SOLELY AT YOUR OWN DISCRETION AND RISK. NEITHER WESTERNU, NOR ANY OF ITS AFFILIATED COMPANIES OR LICENSORS, ARE RESPONSIBLE OR LIABLE FOR ANY DECISION OR ASSESSMENT MADE BY A USER OR ANY INJURIES A USER MAY INCUR AS A RESULT OF ANY DECISIONS MADE BASED ON THE INFORMATION PROVIDED VIA OR DISPLAYED ON THIS APP OR OTHER CONTENT OF THIS APP AND DOCUMENTATION.
Disclaimer
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. INSTALLATION OF THIS APP MAY AFFECT THE USABILITY OF THIRD PARTY APPS. THIS APP IS PROVIDED “AS IS” AND THE SERVICES “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EXCEPT FOR FRAUD AND FRAUDULENT MISREPRESENTATION. WESTERNU, ITS AFFILIATES, SUPPLIERS, LICENSEES AND ITS REPRESENTATIVES, EXPRESSLY DISCLAIM, AND YOU HEREBY EXPRESSLY WAIVE, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY WHICH MAY APPLY TO THIS APP OR ANY INFORMATION DISPLAYED OR CONTENT ON IT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITYSATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, LACK OF VIRUSES, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WESTERNU DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THIS APP OR THAT FUNCTIONS CONTAINED IN THIS APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THIS APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THIS APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WESTERNU, ITS AFFILIATES, SUPPLIERS, LICENSEES OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THIS APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMER OF WARRANTIES APPLIES TO THIS APP.
15. Limited Liability
Nothing in this EULA excludes or limits WesternU’s liability for death or personal injury arising from WesternU’ s negligence, fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law. Unless otherwise prohibited by applicable law, the liability of WesternU, its affiliates, directors, officers, employees, suppliers, licensees and representatives for any direct or indirect, foreseeable or unforeseeable, incidental, special, punitive, typical or non-typical or consequential damages or loss of profits, whether derived from tort, (including negligence), breaches of contract, statute, culpa in contrahendo, positive breach of duty or any other legal concept, arising under or in connection with:
is hereby expressly excluded. WesternU has no liability to you for any loss of profit, loss of business, business interruption, business opportunity, or business information nor shall WesternU its affiliates, suppliers, licensees or representatives, be liable for any incidental, exemplary, consequential, punitive, special or indirect damages of any kind whatsoever.
WesternU, its affiliates, suppliers, licensees or representatives, will not be liable for any loss or damage caused by a virus, unauthorized use of your account, distributed denial-of-service attack, or other technologically harmful material that may infect your mobile device, tablet or other computer equipment, computer programs, data or other proprietary material due to your use of this App or to your downloading of any content on it, or on any website linked to it nor for any act or event beyond our reasonable control, including failure of telecommunications networks, except in the event of gross negligence or wilful misconduct by WesternU. To the fullest extent permitted under applicable law, we will not be liable to you if for any reason this App (or any feature) is unavailable at any time or for any period.
NOTWITHSTANDING ANY LOSSES THAT YOU MAY INCUR, THE ENTIRE LIABILITY OF WESTERNU, ITS AFFILIATES, SUCCESSORS, LICENSEES, SUPPLIERS OR REPRESENTATIVES UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDIES SHALL BE LIMITED TO FIXING, REPAIRING OR OTHERWISE RECTIFYING ANY DEFICIENCY IN THE APP OR ITS SOURCE CODE. NOTHING IN THIS CLAUSE IS MEANT TO EXCLUDE ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED OR THAT IS AVAILABLE TO A USER UNDER THAT USER’S NATIONAL LAW.
EACH PROVISION OF THIS EULA THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THIS EULA. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OFTHIS EULA. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Consumer Protection Notice
Please note that, if you are a consumer, the limitations in this EULA are intended to be only as broad and inclusive as is permitted by the laws of your jurisdiction of residence.
17. International users
Please be aware that this App may not be available to users in certain countries due to regulatory restrictions. If you attempt to download this App and you are resident in a country where this App is not approved for use, this App may not download. Products mentioned on this App may come in different packaging, in different package sizes, or with different lettering or markings, depending on the country. WesternU makes no representation, warranties or guarantees (express or implied) that the products or services will be available with the same appearance, in the same sizes or on the same conditions in different regions or countries and the such products or services may be subject to different regulatory requirements. Should you attempt or download or use this App in a country or region where it has not been approved for use, you do so at your own risk and WesternU will not accept any liability for such use.
18. Indemnity
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless WesternU, its affiliates and their respective officers, directors, employees and agents from and against any and all claims, liabilities, losses, damages, costs and expenses (including attorneys’ and experts’ fees) incurred by any of them in connection with (a) your access to, use of, or alleged use of, this App; (b) any breach of the License by you or others in your household or organization or otherwise in connection with you or your use of this App; and (c) fraud, intentional misconduct, criminal acts or gross negligence committed by you. The sum of compensation in accordance with this Section 20 shall be limited to the highest amount recoverable under the laws of the jurisdiction in which you reside.
19. Indemnity
“WesternU”, “MedScrab” and any other trademarks used in connection with this App, are trademarks of WesternU. You agree not to display or use in any manner such trademarks without WesternU’s prior written permission.
20. Changes to this EULA
We reserve the right, at our discretion, to change this EULA on a going-forward basis at any time. If we revise this EULA in a manner that materially modifies your rights or obligations, you will be provided with an opportunity to accept the new terms and conditions. If you agree, then the revised EULA will apply to your use of this App as the revised EULA is binding on you. Immaterial modifications to this EULA are effective upon publication. Disputes arising under this EULA will be resolved in accordance with the version of this EULA that was in effect at the time the dispute arose. We may update this App from time to time, and may change the content at any time. However, please note that any of the content on this App may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that this App, or any content on it, will be free from errors or omissions.
21. General
This License constitutes the entire agreement between you and WesternU with respect to this App and supersedes any and all prior proposals, negotiations, conversations, discussions and agreements between you and WesternU regarding this App. Nothing contained in this License shall be construed as creating a doctor-patient, partnership, agency or employment relationship between you and WesternU. The waiver of or failure to exercise in any respect any rights provided for in this License shall not be deemed a waiver of any further right under this License. If any provision of this License shall be finally determined to be unlawful, void or unenforceable for any reason, then that provision shall be deemed severable from this License and shall not affect the validity and enforceability of any remaining provisions. This EULA is personal to the User and may not be transferred, assigned, sub-licensed or novated for any reason. Any translation of this License is done for local requirements and, to the extent permitted under applicable law, in the event of a dispute between the English and any non-English versions, the English version of this License shall govern. We may transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA.
22. Costs, Taxes and Duties
You shall be responsible for the payment of all costs, taxes, duties or levies that may now or hereafter be imposed by any authority upon this EULA for the supply, use , download, or maintenance of this App and/or any use of this App, including in relation to taxes, duties or levies in relation to internet connectivity and use to the extent permitted under applicable law, and if any of the foregoing taxes, duties or levies are paid at any time by WesternU, you shall reimburse WesternU in full upon demand.
23. Assignment
WesternU may assign, transfer, novate or subcontract any or all of its rights or delegate any or all of its obligations under this EULA without any prior written consent if such assignment and/or delegation is to an affiliate within the WesternU group of companies or to any successor of WesternU by purchase of all or substantially all of its assets.
24. Governing Law and Venue
This EULA, its subject matter and its formation, are governed by and shall be construed in accordance with the laws of the state of California without giving effect to any conflict of law principles. Mandatory consumer protecting provisions arising from the jurisdiction of the user’s habitual residence apply and are not excluded by this choice of law.
25. Feedback
If you choose to provide input or suggestions regarding your experience with this App (“Feedback”), then you hereby grant WesternU an unrestricted, perpetual, irrevocable, non- exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose, including to improve this App and create other products and services.
Notice Regarding Apple
WesternU may assign, transfer, novate or subcontract any or all of its rights or dThis Section 28 only applies to the extent you are using this App on an iOS device. You acknowledge that this EULA is between you and WesternU only, not with Apple, and Apple is not responsible for this App and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this App. In the event of any failure of this App to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for this App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to this App. Apple is not responsible for addressing any claims by you or any third party relating to this App or your possession and/or use of this App, including: (a) product liability claims; (b) any claim that this App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that this App and/or your possession and use of this App infringe third party’s intellectual property rights. You agree to comply with any applicable third party terms when using this App. Apple and Apple’s subsidiaries are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
